THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM

Present:

Sri. Santhosh Kesavanath P., President

Smt. Bindhu M. Thomas, Member

Sri. K.N. Radhakrishnan, Member

CC. No. 308/2008

Monday, the 16^th day of November, 2009.

Petitioner : St. Mary’s Church Kudamaloor

Reptd. By the Trustee, E.J. Josephkutty,

Edappally House, Kudamaloor P.O

Kottayam.

(By Adv. Sunny George)

Opposite parties : 1) The KSEB,

Vydyuthi Bhavan,

Pattom, Thiruvananthapuram

Reptd by its Secretary.

2. The Asst. Exe. Engineer,

KSEB, Electrical Major Section,

Gandhinagar.

O R D E R

Sri. Santhosh Kesavanath P., President.

Case of the petitioner is as follows:

Petitioner availed electric connection from the opposite party vide consumer No. 12195 – 2 AB for its chapel (Kurisupally). In the chapel no regular worship is done. From 2003 onwards the spot billing is introduced and meter reading is taken by monthly. Petitioner has been paying electricity charges without any default. According to the petitioner no amount is due to the opposite party from the petitioner. Surprisingly on 15..11..2008 second opposite party issued a demand notice demanding an amount of Rs. 30,464/- from the petitioner for the consumption of electrical energy for a period from February 2003 to August 2007. According to the petitioner no amount is due from the petitioner. Petitioner further contented that amount claimed by the opposite party is

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barred by limitation. Petitioner states that act of the opposite party in demanding amount without any basis is a clear deficiency in service and unfair trade practice. So the petitioner prays for cancellation of the bill issued by the opposite party Dtd: 15..11..2008 and also for not to disconnect the electric connection to the petitioner’s premises. Petitioner claims Rs. 25,000/- as compensation and cost of the proceedings.

Opposite party entered appearance and filed version contenting that the petition is not maintainable. According to the opposite party connected load of the petitioner is 940 watts. Consumer is consuming energy for illuminating the chapel from 6.P.M to 6 A.M. The energy meter installed for the consumer was faulty from 6/02 and last consumption recorded is 28 units the same was carried over and calculated as consumption for the meter faulty period. The meter changed on 13..8..2007. Consumption recorded after changing the meter during 10/07, 12/07 and 2/08 was 227, 375, 264 units respectively. On the basis of the consumption of fault free meter average was taken and back assessment bill amounting Rs. 30464/- was issued to the petitioner. According to the opposite party they have every right to realize the cost of energy consumed by the petitioner. So the opposite party prays for dismissal of the petition with their costs.

Points for determinations are:

1. Whether there is deficiency in service on the part of the opposite party?

2. Relief and costs.

Evidence in this case consists of affidavit filed by both parties and Ext. A1 and A2 series documents on the side of the petitioner and Ext. B1 document on the side of the opposite party.

Point No. 1

Petitioner produced copy of the bill Dtd Nil. Said bill is marked as Ext. A1. According to the opposite party the calculation in Ext. A1 was arrived by taking the

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average consumption after changing the faulty meter with a fault free meter on 13..8..2007. As per regulation 33 (2) of KSEB terms and conditions of supply 2005. 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 meter shall be replaced within one month. If the average consumption for the previous six months cannot be taken due to the meter seizing to the record consumption. Consumption will be determined based on meter reading of succeeding 3 months after replacing the meter. According to the opposite party the meter was faulty only on 2/03. Opposite party has no case that the average consumption for the previous six months before meter become faulty can not be taken due to the meter seizing to record consumption. As per regulation 33 (2) of conditions of supply if the previous meter reading cannot be taken then only the meter reading in the succeeding 3 month after replacement of the meter can be taken. Further, more in case of faulty meter the meter shall be replaced within one month. So in our view the act of the opposite party in taking the meter reading of succeeding 3 months after replacement of the faulty meter with a fault free meter is a clear deficiency in service. Petitioner has a case that as per

section 56 (2) of the Electricity Act no sum due from any consumer shall be recoverable after the period of 2 years from the date when such sum become first due. The said contention of the petitioner is not sustainable because the sum become due only on the issuance of the bill. So, section 56 (2) has no application in the present case. So, point No. 1 is found accordingly.

Point No. 2

In view of the finding in point No. 1, petition is allowed in part. In the result the demand notice Dtd: 15..11..2008 for an amount of Rs. 30,464/- is cancelled. Opposite

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party is ordered to issue a revised back assessed bill by taking the consumption of the petitioner for the previous six months average before the meter seizing to records. Rs. 3000/- is ordered as compensation for the deficiency in service on the part of the opposite party for not replacing faulty meter within one month of detection of fault. . Opposite party is also ordered to pay an amount of Rs. 1,000/- as cost of the proceedings. Cost and compensation shall be adjusted in the revised bill. Order is to be complied with within one month from the dated of receipt or the order.

Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 16^th day of November, 2009.

Sri. Santhosh Kesavanath P. President Sd/-

Smt. Bindhu M. Thomas, Member Sd/-

Sri. K.N. Radhakrishnan, Member Sd/-

APPENDIX

Documents for the Petitioner:

Ext. A1: Copy of demand notice Dtd: Nil. for an amount of Rs. 30,464/-

Ext. A2: Copy of Bill Dtd: 18..12..2003

Ext. A2(a) Copy of bill Dtd: 14..8..2004

Ext. A2(b) Copy of bill Dtd: 16..10..2004

Documents for the opposite party:

Ext. B1: Copy of consumer personal ledger.

By Order,

Senior Superintendent

amp/5 cs.