O R D E R Sri. Santhosh Kesavanath P., President
Case of the petitioner's is as follows: Petitioner is a consumer of the opposite party Kerala State Electricity Board with vide Consumer No. 4468 of Nattakom Electrical major section. Petitioner states that on 2..2..2007 petitioner was served with a bill dtd: 27..1..2007 demanding him to pay an amount of Rs. 5011/- in addition to the regular electricity bill. According to the
-2- petitioner she is regularly and promptly paying electricity bills in appropriate time. On receipt of the additional bill petitioner had given a representation to the second opposite party to cancel the additional bill amount. The opposite party sent a reply to the petitioner stating that meter of the petitioner was faulty from 2/03 to 6/05 and opposite party had taken the average subsequent six months consumption and issued bill for the entire faulty period. According to the petitioner issuance of the bill is not legal and is liable to be cancelled. Petitioner states that issuance of bill beyond period of 3 months is not legal. So, petitioner seeks direction of the Forum to cancel the bill Dtd: 27..1..2007 and also to restrain the opposite party from disconnecting the electric connection of the petitioner. Opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party meter of the petitioner was faulty from 2/2003 to 6/2005 and petitioner was charged an amount of Rs. 344/- bimonthly for the above period. Faulty meter was replaced on 6/2005 and after replacement of the meter bill was issued as per section 42 (3) of terms and conditions of supply 2005. So, the opposite party contented that issuance of the bill is as per law and there is no deficiency of service on their party. So, they pray for dismissal of the petition with their costs. Points for determinations 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 affidavit filed by both parties Ext. A1 to A4 documents on the side of the petitioner and Ext. B1 document on the side of the opposite party. -3- Point No. 1 Petitioner produced bill dated 27..1..2007 for an amount of Rs. 5011/- said document is marked as Ext. A1. The opposite party in their version contented that meter of the petitioner was faulty from 2/2003 to 6/2005. The faulty meter was replaced during 6/2005. So, according to opposite party bill was issued as per Section 42(3) of conditions of supply. As per regulation 21 of the Kerala Electricity Code bill shall contain the period covered by bill energy consumption other billing para meters etc. Here in Ext. A1 there is no such mention about the period covered by the bill and the para meters applicable to the bill. So, in our opinion Ext. A1 is in complete. Further more, as per regulation 33(2) of the K.S.E Board terms and conditions 2005. In case of no recording or mal functioning of the meter. The meter shall be replaced within one month. From Ext. A1 it can be seen that bill is issued on 27..2..2007. As per section 56 (2) of the Electricity Act 2003 no sum due from any consumer shall be recoverable after a period of 2 years. Here issuance of Ext. A1 bill is after a period when the amount become first due and such sum has not shown continuously as recoverable as arrear of charges of electricity supplied. So, in our opinion the issuance of Ext. A1 bill is not legal and we find deficiency in service on the part of the opposite party. So, point No. 1 is found accordingly. Point No. 2 In view of finding point No. 1, petition is allowed and petitioner is entitled for the relief sought for. The bill Dtd: 27..1..2007 for an amount of Rs. 5011/- is cancelled. Considering the facts and circumstances of the case no cost and compensation is ordered.
-4- The opposite party is ordered not to disconnect the electrical supply to the petitioners premises for the above disputed bill. Dictated by me transcribed by the Confidential Assistant, corrected by me and Pronounced in the Open Forum on this the 28th day of November, 2008.
......................Bindhu M Thomas ......................K.N Radhakrishnan ......................Santhosh Kesava Nath P | |