DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 12th day of February 2013
Present : Smt.Seena H, President
: Smt. Preetha.G. Nair, Member
: Smt. Bhanumathi.A.K, Member Date of filing: 06/10/2012
(C.C.No.186/2012)
Vavan,
S/o.Late Abdhul Khadir,
Kallingal House,
Peringottukurissi (PO),
Alathur Taluk,
Palakkad - Complainant
(By Adv.Akbar Ali)
V/s
1.Secretary,
Kerala State Electricity Board,
Vaidyuthi Bhavan,
Thambanoor,
Trivandrum
(By Adv.T.Reena)
2.Executive Engineer,
KSEB, Electrical Division,
Alathur, Palakkad
(By Adv.T.Reena)
3.Asst.Executive Engineer,
K.S.E.B. Electrical Section,
Peringottukurissi,
Palakkad
(By Adv.T.Reena) - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
The service connection with consumer No.6218 under 3rd opposite party stands registered in the name of the father of the complainant. The electric connection is used for domestic purpose and not used any other purpose. The father of the complainant was died on 2007 and thereafter the complainant and his family lived in the house. In front of the house of the complainant, the elder brother of the father running a stationary shop with consumer No.2101 as the electric connection. On 23/5/2012 a site inspection was conducted at the premises of consumer No.6218 by APTS squad. On inspection it was mistakenly found that extension was taken from the three pin plug located near the main switch. The three door freezer kept near to the house of the complainant and the freezer was not working. But the opposite parties stated that extension wire is connected to the freezer and unauthorisedly used the electric connection under the domestic purpose. On 4/6/2012 issued a bill of Rs.36,500/- to the complainant for the unauthorized use of electricity and the date of payment of the bill amount was on 18/06/2012. The complainant stated the true facts to the APTS squad and the shop owner informed them that nothing kept to the freezer. The complainant has used the extension wire for the purpose of lightening one bulb outside the house. The complainant filed complaint to the opposite parties. But the opposite parties dismissed the complaint and disconnected the electric connection within 3 months. The act of opposite parties amounts to deficiency in service. Hence the complainant prays an order directing the opposite parties to cancel the bill dated 26/5/12 and 4/6/12 for an amount of Rs.36,500/- and reinstate the electric connection with consumer No.6218.
Opposite parties filed version stating the following contentions. The service connection with consumer No.6218 stands registered in the name of deceased Sri.Abdhul Khader, father of the complainant. The single phase service connection with connected load of 420 watts was effected on 23/2/2007 under domestic tariff. The complainant is the present occupier of the house wherein the meter of the service connection is installed inside the house. The connection with consumer No.2101 stands registered in the name of Sri.Manu K.C. and was effected on 28/12/1993. The single phase service connection with connected load of 180 watts is billed under LT commercial tariff (VII B) and is installed in the stationery shop located adjacent to the complainant’s residence. The shop is having a separate door No. and entrance.
On 23/5/2012 inspection it was found that electricity was unauthorisedly extended from the consumer premises to the premises of consumer No.2101. The extension was taken from the three pin plug located near the main switch using black coloured three core PVC insulated cable. The PVC cable is extended upto an extension box located outside the premises and in front of consumer premises with consumer No.2101. The plug of the three door freezer located in the premises of consumer No.2101 is connected to this extension box. At the time of inspection food materials were seen stored inside the deep freezer. Hence it is clear that the occupies of consumer premises No.6218 was indulged in the usage of electricity for a premise other than which the usage is authorized. The site mahazar was prepared after inspection and a copy was served on the complainant which was duly acknowledged by him. Provisional assessment bill dated 31/05/2012 for Rs.36,500/- was served on the complainant as per section 126 of Electricity Act. Assessment was made for unauthorized extension taken from the premises of consumer No.6218. Penal charges @two times were assessed at LT VIII tariff (Temporary extension) for fixed charge for a period of 12 months for 1 KW as the period of unauthorized use cannot be ascertained. The connected load of the freezer is 400W.
The complainant filed an objection before the Assessing Officer vide letter dated 31/05/2012 and personal hearing was conducted on 4/6/12 to verify the claims of the complainant. The complainant failed to provide any evidence to substantiate his claims. Hence the final bill of Rs.36,500/- dated 4/6/12 was served to the complainant with copy of proceedings of hearing. The provision regarding Appeal alongwith qualifying conditions was also intimated to the complainant. But neither he preferred an appeal nor did he comply with the order. Hence supply to the premises with consumer No.6218 was disconnected on 10/7/12. The consumption pattern of both consumers shows the unauthorized extension. On local enquiry it is learnt that the complainant is not residing in the house with consumer No.6218. But there is ample consumption of electricity as per records against the consumer No. and the meter is working properly as recorded in the site mahazar. The complainant while filing objection has stated that freezer is used for storage which is contradictory to what he was stated in the complaint.
The opposite parties had acted as per the provisions of the Electricity Act. At the Electrical Section, Peringottukurissi there is only an Assistant Engineer where as Assistant Executive Engineer is at Electrical Sub Division, Kuzhalmannam. There is no deficiency in service on the part of opposite parties. Hence, the opposite parties prayed that dismiss the complaint with cost.
Both parties filed their affidavit. Ext.A1 to A2 marked on the side of the complainant. Ext.B1 to B4 marked on the side of the opposite parties. Opposite parties filed argument notes.
Matter heard.
Issues to be considered are
1. Whether there is any deficiency in service on the part of opposite parties ?
2. If so, what is the relief and cost ?
Issue No.1 & 2
Admittedly the electric connection with consumer No.6218 stands registered in the name of the father of the complainant. The electric connection with consumer No.2101 stands registered in the name of Sri.Manu K.C. is installed in the stationary shop located adjacent to the complainant’s residence. According to the opposite parties, at the time of inspection food materials were seen stored inside the deep freezer. No evidence produced by the opposite parties to show that the freezer was working and food items stored in it. The consumption pattern of both the consumers is given by the opposite party to show that there is ample consumption of electricity as per records. On 6/2011 to 4/2012 the consumer No.6218 consumed electricity 365,195,249,313,298 and 412 respectively. The consumer No.2101 consumed electricity 119, 122, 153, 101, 95 and 214 respectively. The complainant counsel argued that the consumption pattern shows the readings of immediate prior to three period rates are some variations. On 4/2012 in consumer No.6218 and No.2101 shows the higher reading such as 412 and 214. The opposite parties had not produced evidence to show that the complainant used the electric connection for commercial purpose. The opposite parties has not produced the lists of the household articles and goods used by the both consumers. Both of them have separate electric connections and the consumer No.2101 is billed under LT commercial tariff. (VII B)
According to the complainant the extension is used for lightening one bulb outside the house. No contradictory evidence produced by the opposite parties. In Ext.B1 copy of site mahazar mentioned that there is an electric connection in the shop under VII B with consumer No.2101. Moreover Ext.B1 mentioned that 3 door freezer of the shop used with connected to the electricity extension connection of the complainant. The opposite parties had not mentioned the items kept in the freezer in the site mahazar. Also the witness signed in the site mahazar is not examined to explain the working condition of the freezer. According to the complainant the freezer is not working and it kept near his house. No contradictory evidence produced by the opposite parties. The house of the complainant had an electric connection with consumer No.6218. There was no dispute regarding the payment of the electric bill.
On verification of the consumption patterns of the complainant and the shop, the usage of electricity in the house of the complainant is more than that of the shop. But the opposite parties had not produced evidence to show that the complainant had not used the electricity for domestic purposes. In Ext.B4 the complainant stated that freezer is used for storage without connecting his electric connection. The complainant has not produced evidence to show that the freezer was not working at the time of inspection by APTS. On the basis of the unauthorized load detected by the APTS they prepared a mahazar and as per the section 126 (5) the last 12 months energy bill was issued to the complainant. No body from the witness in the mahzar examined by opposite parties to prove that the freezer was working with using the electricity from complainant’s house.
In the above discussions we cannot attribute any deficiency in service on the part of opposite parties. But the opposite parties had not produced evidence to show that the food materials kept in the freezer with using electricity from complainant’s house. In the result complaint partly allowed. We direct the opposite parties to cancel the bill dated 26/5/12 & 4/6/12 for an amount of Rs.36,500/-(Rupees thirty six thousand five hundred only) and issue a bill for the average consumption of the period of three months (12/2011, 2/2012, 4/2012) energy consumption consumed by the complainant from the date of the Ext.B1 site mahazar without penal interest. Also directed the opposite parties to give three months installment to pay the bill by the complainant and directed to reinstate the electric connection of the complainant after paying the 1st installment.
Order shall be complied within one month from the date of receipt of order.
Pronounced in the open court on this the 12th day of February 2013.
Sd/-
Seena H
President
Sd/-
Preetha G Nair
Member
Sd/-
Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Invoice No.043442 dtd.26/05/12 issued by opposite party
Ext.A2 – Invoice No.28417 dtd.14/6/12 issued by opposite party
Exhibits marked on the side of the opposite party
Ext.B1 – Copy of Mahazar dtd.23/5/12
Ext.B2 – Copy of Provisional Penal bill issued by opposite party
Ext.B3 – Copy of letter issued to the complainant by AE, KSEB dtd.28/5/12
Ext.B4 – Copy of objection letter dated 31/5/2012 sent to the opposite party
Cost
No cost allowed.
