THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present: Sri. Santhosh Kesavanath P., President Smt. Bindhu M. Thomas, Member Sri. K.N. Radhakrishan, Member CC No. 5/2007. Saturday, the 31st day of January, 2009. Petitioner : A.K. Abdul Karim, Amaraparambu, Pathanadu Kara, Kangazha, Changanacherry Kottayam. (Adv. K. Kuruvilla John ) Vs. Opposite parties : 1) The Senior Superintendent, KSEB, Karukachal.
2) The Assistant Exe. Engineer, KSEB, Karukachal.
3) The Exe. Engineer, KSEB, Karukachal.
4) The Secretary, Vydyuthi Bhavan, Pattom, Trivandrum. O R D E R Sri. Santhosh Kesavanath P., President.
Case of the petitioner's is as follows: Petitioner is the consumer of the Electricity Board with wide consumer No. 4267 Petitioner states that on 20..11..2006 petitioner was served with an additional bill for an amount of Rs. 4706/- Petitioner states that there is no amount due from the petitioner to the opposite party for the electricity consumed. According to the petitioner issuance of an additional bill without any reason is clear deficiency in service. So he prays for cancellation of bill Dtd: 20..11..2006 for an amount of Rs. 4,706/- and also he claims Rs. 1000/- as compensation and Rs. 1000/- as cost of the proceedings. Opposite party entered appearance and filed version contenting that petition is not -2- maintainable. According to the opposite party the meter of the petition was faulty from 4/03 during the meter faulty period bill for the previous average consumption for 132 unit is issued to the petition. The faulty meter was replaced on 25..4..2005 and the average consmption after replacement of the meter was 271 units and thus the petitioner was served with an additional bill for the excess energy which is persumed to be consumed by the petitioner. So the opposite party contented that issuance of the bill is legal and there is no deficiency of service on their part. 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 and Ext. A1 document on the side of the petitioner and Ext. B1 document on the side of the opposite party. Point No. 1 Petitioner produced a copy of the bill Dtd: 20..11..2006and said document is marked as Ext. A1. From Ext. A1 it can be seen that billwas issued for the meter faulty period from 4/03 to 4/05. As per Section 33 (2) of the conditions of supply 2005 if the board is unable to rice the bill on meter reading due to its non recording or mal functioning, the board shall issue a bill based on the previous six months average consumption. As such case the meter shall be replaced within one month. From Ext. A1 it can be seen that the meter was replaced only after 2 years. Further more 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 from the date when some such become first due. Unless such some has been shown contimuously as recoverable as arrear of charges for electricity -3- supply. Here Ext. A1 is Dtd:20..11..2006 ie., after the commencement of the electricity Act 2003. We are of the opinion that issuance of Ext. A1 bill after the period of 2 years from the date when such some become first due is not legal and proper. So, non replacement of the faulty meter within the time stipulated by the supply code and issuance of the bill after the period of limitation prescribed by the Electricity Act is an imperfection shortcoming and inadequacy in the quality and manner of performance which required to be maintained by law is a clear deficiency of service. So, point No. 1 is found accordingly. Point No. 2 In view of finding in point No. 1 petition is to be allowed and petitioner is entitled for the relief sought for. In the result bill Dtd: 20..11..2006 with wide bill No. 1496 for an amount of Rs. 4706/- is quashed. Considering the facts and circumstances of the case no cost and compensation is allowed. Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 31st day of January, 2009. Sri. Santhosh Kesavanath P., President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radahakrishnan, Member Sd/- APPENDIX
Documents for the Petitioner Ext. A1: Copy of the bill Dtd: 20..11..2006. for an amount of Rs. 4706/- Documents for the Opposite party: Ext. B1: Copy of Meter reading register of Consumer No.4267 By Order,
Senior Superintendent
amp/7 cs.
......................Bindhu M Thomas
......................K.N Radhakrishnan
......................Santhosh Kesava Nath P | | 
