CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present Sri. Santhosh Kesavanath P. President Smt. Bindhu M. Thomas, Member CC No. 31/2010 Monday, the 10th day of May, 2010 Petitioner : Tomy John, Aanivelikunnel, Paduva, Ayarkunnam P.O Kottayam. Pin- 686564. Vs. Opposite parties : 1) The Secretary, KSEB, Vaidyuthi Bhavan Pattom, Trivandrum. 2) The KSEB, Asst. Engineer, Ayarkunnam. O R D E R Sri. Santhosh Kesavanath P., President. Case of the petitioner, on 10..2..2010 is as follows: Petitioner is a consumer of the opposite party Electricity Board with vide consumer No. 7355/ - 3 – B17. According to the petitioner monthly electricity bill of the petitioner come around Rs. 85/-. In the month of February 2010 petitioner received a short assessment a bill for Rs. 2220/- as arrears, for the consumed energy, during the meter faulty period. According to the petitioner issuance of the short assessment bill for the meter faulty period is a clear deficiency in service. So, petitioner prays for cancellation of the bill for Rs. 2220/-. Petitioner also claims costs and compensation. Opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party meter attached to -2- the petitioner’s premises was faulty from 6/06 to 2/08. Faulty meter was replaced with a fault free meter on 31..5..2008 and bill was issued by taking average consumption, before replacement of the faulty meter. According to the opposite party bill is issued for the actual consumption during the meter faulty period. There is no deficiency in service on their part and they pray for dismissal of the petition with their costs. Points for considerations are: i) Whether there is deficiency in service on the part of the opposite party? ii) Reliefs and costs? Evidence in this case consists of the deposition of the petitioner has PW 1 Ext. A1 and A2 documents on the side of the petitioner. Opposite parties evidence consists of the affidavit filed by the opposite party and Ext. B1 . Point No. 1 Petitioner produced short assessment bill Dtd: 11..2..2010 said document is marked as Ext. A1. According to the opposite party Ext. A1 is issued as a short assessment bill for the consumption during the meter faulty period. Opposite party contented that bill is issued by taking the average of six months consumption before removing the faulty meter with a fault free meter. In our view the act of the opposite party in issuing Ext. A1 bill is a clear deficiency in service. Because as per regulation 33 (2) if the board is unable to raise a bill on meter reading due to its non recording or mal functioning, board shall issue a bill based on previous six months average consumption in such cases the meter shall be replaced within one month . If the average consumption for the previous six months cannot be taken due to the meter ceasing to record consumption or any -3- other reason, the consumption will be determined based on meter reading in succeeding 3 months after replacing faulty meter. Here the opposite party has no case that average consumption for previous six months cannot be taken due to meter ceasing to record consumption . However, during the faulty period bill was issued by the opposite party. Further more, opposite party has not replaced the faulty meter for a long period of 2 years. So, point No. 1 is found accordingly. Point No. 2 In view of finding in point No. 1 petition is to be allowed and the petitioner is entitled to relief sought for. In the result bill Dtd: 11..1..2010 for an amount of Rs. 2220/- is cancelled. Considering the facts and circumstances of the case no cost and compensation is ordered. Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 10th day of May, 2010. Sri. Santhosh Kesavanath P. President Sd/- Smt. Bindhu M. Thomas, Member Sd/- APPENDIX Documents for the Petitioner: Ext. A1: Bill Dtd: 11..2..2010 Ext. A2: Bill Dtd: 23..12..2009 Documents for the Opposite parties: Ext. B1: Copy of meter reading register. By Order, Senior Superintendent. Received on / Despatched on amp/ 5 cs. amp/
| | HONORABLE Bindhu M Thomas, Member | HONORABLE Santhosh Kesava Nath P, PRESIDENT | HONORABLE K.N Radhakrishnan, Member | | 
