IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 4th day of January, 2012.
Present : Sri. Jacob Stephen (President).
Sri. N. Premkumar (Member)
C.C.No.27/2011 (Filed on 01.02.2011)
Between:
Thomas Pallathan,
Proprietor,
Urvasi Novelties,
Kozhencherry.P.O.,
Pathanamthitta Dist.
(By Adv. Reno Zac Vadekathara) ….. Complainant
And:
1. Secretary,
KSEB, Vaidyuthi Bhavan,
Pattom, Trivandrum.
2. KSEB,
Electrical Section Section,
Kozhencherry, Rep. by
Asst. Engineer. …..Opposite parties.
O R D E R
Sri. N. Premkumar (Member):
Complainant filed this complaint against the opposite parties for getting a relief from the Forum.
2. Fact of the case in brief is as follows: Complainant runs a ladies stores and his Consumer No.is 4108. He has been consuming electricity and was correctly paying electricity charges to opposite parties without any default. On 15.01.2011, 2nd opposite party issued a bill for 8 years from 10/2002 to 08/2010 period. The said bill amount of 8 years is ` 43,200. Complainant has not violated any of the rules of the opposite parties. As per the intimation, if the additional bill amount is not paid within 08.02.2011 the opposite parties would disconnect the electricity connection. The said act of opposite parties is illegal and arbitrary. Hence this complaint to restrain the opposite parties from disconnecting electricity and to cancel the impugned bill after conducting a fresh enquiry with compensation of ` 10,000 and cost.
3. Opposite parties entered appearance and filed version stating that complaint is not maintainable either in law or on facts. According to them, complainant’s electric connection is registered as LT VII A tariff. The connected load of the service connection is 9KW from 11/2002 onwards. The audit party of the Principal Account General reported that the amount collected as fixed charge for a single phase consumer for the connected load above 5 KW should have supply voltage of 415 volts i.e. it must be in 3 phase connection. The same condition is envisaged in rule B(b) I & II of Conditions of Supply of Electrical Energy 1990 above. Complainant has a connected load of 9 KW from the date of connection i.e. 11/2002 itself. Hence, fixed charges for the three phase connection is to be charged, and bill dated 15.01.2011 for ` 43,200 for the period from 11/2002 to 8/2010 is issued.
4. According to opposite parties as per regulation 4(5) of the Electricity Supply Code 2005 stipulates that connected load above 5 KW must be in three phase connection. This would not fall under the category of excess price described under 52 C(V) of the Consumer Protection Act. Therefore complainant is liable to pay the assessed amount of ` 43,200. Hence they canvassed for the dismissal of the complaint.
5. From the above pleadings, the following points are raised for consideration:
(1) Whether the complaint is maintainable before the Forum?
(2) Whether the reliefs sought for in the complaint are allowable?
(3) Reliefs and Costs?
6. Evidence of the complainant consists of the oral deposition of PW1and DW1 and Exts.A1 to A3 and Ext.B1. After the closure of evidence, both parties were heard.
7. Point Nos. 1 to 3:- In order to prove the complainant’s case, complainant’s power of attorney holder filed proof affidavit along with certain documents. He was examined as PW1 and the documents produced were marked as Exts.A1 to A3. Ext.A1 is the power of attorney executed by the complainant. Ext.A2 is the bill of ` 43,200 issued by opposite parties. Ext.A3 is the receipt of the cost of application of Rs.10 issued by opposite parties.
8. In order to prove the opposite parties contention, authorized representative of 2nd opposite party filed proof affidavit along with one document. He was examined as DW1 and the document produced was marked as Ext.B1. Ext.B1 is the copy of meter reader’s diary in respect of the complainant’s connection.
9. On the basis of the contention and averment of the parties, we have perused the entire materials on record. Complainant’s case is that opposite parties illegally issued an additional bill of ` 43,200, though he promptly paid the usual electricity charges. Opposite parties’ contention is that complainant’s electric connection is from single phase. As per regulation the connected load above 5 KW must be in three phase connection. Complainant’s connected load is 9 KW from the date of connection onwards. Therefore fixed charges of three phase connection is to charged from complainant from the date of connection and hence the bill is legal.
10. It is seen that there is no dispute regarding the tariff and the consumption of electricity. The only dispute is that opposite parties issued an additional bill of ` 43,200. Opposite parties contention is that as per regulation 4(5) of the Electricity Supply Code, the connected load above 5 KW must be in three phase connection. Ext.B1 shows that complainant’s connected load is 9 KW and the tariff is VII A. As per regulation 4(5) of the Electric Supply Code 2005, the single phase connection would not be above 5 KW. Since the complainant’s connected load is 9 KW, the fixed charges must be in three phase connection tariff.
11. Kerala Electricity Supply Code 2005 Reg.24(5) and Kerala Electricity Board’s Terms and Conditions of Supply 2005, Reg.37(5), empowers the opposite parties to realize the dues of the complainant. From the overall facts and circumstances and in the light of above said rules and regulations, we cannot find any irregularity or illegality in issuing Ext.A2 bill. Therefore, the allegation of deficiency of service would not stand. Hence complaint is liable to be dismissed.
12. As per the order in I.A.31/2011 complainant has already remitted ` 15,000. So the complainant is allowed to remit the balance amount of the impugned bill by 12 equal instalments from February 2012 onwards. Opposite party is also directed to regularize the complainant’s connection forthwith as per the rules if the complainant files an application for the same.
13. In the result, this complaint is dismissed with the above direction. No cost. The order in I.A.31/2011 is hereby vacated also.
Declared in the Open Forum on this the 4th day of January, 2012.
(Sd/-)
N. Premkumar,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Martin. T.A
Exhibits marked on the side of the complainant:
A1 : General Power of Attorney dated 27.07.2011 executed by the
complainant in favour of Martin. T.A.
A2 : Electricity bill dated 15.01.2011 for ` 43,200 issued by
opposite parties to the complainant.
A3 : Receipt for the cost of application of ` 10 issued by
opposite parties to the complainant.
Witness examined on the side of the opposite parties:
DW1 : Jayakrishnan. O.U
Exhibits marked on the side of the opposite parties
B1 : Photocopy of the Meter Reading Register for Con.No.4108.
(By Order)
(Sd)
Senior Superintendent.
Copy to:- (1) Thomas Pallathan, Proprietor, Urvasi Novelties,
Kozhencherry.P.O., Pathanamthitta Dist. (2) Secretary, KSEB, Vaidyuthi Bhavan, Pattom,
Trivandrum.
(3) Asst. Engineer, KSEB, Electrical Section Section,
Kozhencherry.
(4) The Stock File.
