IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 14th day of March, 2018
Filed on 05/04/2011
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
C.C.No.126/2011 (Remanded case)
Between
Complainant:- Opposite parties:-
Fr. Joseph C.T. @ Jose 1. The Senior Superintendent
Principal Electrical Section, KSEB
Pious Xth ITC Edathua
Edathua, Alappuzha
Pin – 689 573 2. The Secretary, KSEB
(By Adv. Vinod Varghese) Thiruvananthapuram
(By Adv. A. Anilkumar – for
opposite parties)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant is the Principal of Pious Xth ITC., Edathua which was working under a charitable society it had a production unit in the initial stage. About 15 years ago the production unit was stopped and they informed it to the concerned electrical section. Thereafter the tariff was fixed under LT VI A and connected load was 16 kilo watts. On 9.2.2011 two employees of the opposite parties reached the ITC and had taken the number of the machines which were not in use. Thereafter opposite party issued a demand notice for Rs.1,78,230/- to the complainant. The opposite party has no right to issue such notice. Alleging deficiency in service on the part of the opposite parties the complaint is filed.
2. The version of the opposite parties is as follows:-
The complaint is not maintainable. Complainant is a Principal of self financing institution. On 9.2.2011 the officials of the opposite party inspected the premises in the presence of the Principal and found that in spite of 16 kilo watts they are using 25 kilo watts unauthorizedly. Since the institution was a self financing institution, the tariff was fixed under VII A and demand notice was issued accordingly. Complainant is not entitled to get any relief prayed in the complaint.
3. The complainant filed proof affidavit along with documents. The documents produced were marked as Exts.A1 to A12. The opposite party also filed proof affidavit along with two documents. Documents produced were marked as Exts.B1 and B2.
4. Points for consideration are:-
1) Whether the complaint is maintainable?
2) Whether there is any deficiency in service on the part of the opposite parties?
2) If so the reliefs and costs.
5. Complaint is filed for the cancellation of a bill dated 1.3.2011. The contention of the opposite party is that since the bill issued under section 126 of Electricity Act, this Forum has not jurisdiction, hence the complaint is not maintainable. Ext.A4 is only a bill issued by the opposite party and is not a speaking order passed under section 126 either as preliminary or final order. Hence Ext.A4 can’t be treated as an order passed under section 126 of the Electricity Act. Hence the complaint is maintainable.
6. It is an admitted fact that the complainant has remitted electricity charge under VI A tariff with 16 kilo watts for the past several years. According to the complainant, on 9.2.2011 two employees of the opposite party inspected the premises and assessed the number of machines which were not in use for a long period and issued a demand notice for Rs.1,78,230/- accordingly. Opposite party filed version stating that on inspection they found that the complainant was using 25 kilo watts load instead of 16 kilo watts and hence they issued notice u/s 126 for the unauthorized use. It is pertinent to see that the complainant was remitting electricity charge under VI A tariff with 16 kilo watts for the past several years. The opposite party admitted in the version that they have taken the meter reading regularly without any default. Had the machines were operated as per the assessment made on 9.2.2011 there would be changes in the meter reading and it could be noticed by the meter reader. But there is no such evidence adduced by the opposite party. According to the opposite party complainant is a self financing institution and as per the order of the Hon’ble Supreme Court dated 15.10.2010 all the self financing institutions are considered under VII A tariff. But according to the complainant they are not a self financing institution and they are working under charitable society named Jesuit Society. In order to substantiate this allegation the complainant produced Ext.A5 the certificate of registration of society and Ext.A7 letter dated 25.5.2011 and Ext.A8 the appointment order dated 19.5.2010. It is an admitted fact that opposite party was levying electricity charge from 1963 onwards under VI A tariff. If they want to change the tariff they should have issue notice to the complainant regarding the same. In the instant case the opposite party unilaterally taken the decision to change the tariff without hearing the complainant. Apart from that it is admitted by the opposite party in the version, that by the bill issued on 1.3.2011 they are demanding the arrears from 2007 onwards under VII A tariff. As per Section 56(2) of Electricity Act if the demand having been raised after expiry of two years from the date on which the amount became due is obviously barred. The complainant was also challenging the mahazor prepared by the opposite party. In a case reported 2012 CPR(1) page No.85 the Hon’ble Kerala State Commission finds that when the opposite parties have a strong case regarding the unauthorized extension it was their bounden duty to establish the case by examining the scribe of the mahazor or the witness who were present at the time of inspection. In the instant case, the complainant strongly disputed the contents of the mahazor and in such a situation the opposite party ought to have more vigilant in prosecuting the matter by examining any of the person who prepared the mahazor or the witness of the mahazor. Mere preparation of a site mahazor is not ipso fact of sufficient to prove the case that there was unauthorized use by the complainant. In the instant case, the opposite party issued demand notice cum disconnection notice dated 1.3.2011 claiming Rs.1,78,230/- under VII A tariff as per the inspection conducted on 9.2.2011. The demand notice marked as Ext.A4. The said demand notice is issued without issuing a provisional assessment notice thereby the complainant lost the opportunity to file an appeal against the provisional assessment notice. From the above discussion, we are of opinion that the opposite party issued the demand notice by violating the provisions of the Electricity Act and issuance of the said bill amounts to deficiency in service.
In the light of the above discussionExt.A4 bill is squashed. The opposite party is directed to issue provisional assessment order afresh, giving all opportunities under section 126 of Electricity Act.
The above complaint is disposed accordingly. No further relief as to cost and compensation. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistance transcribed by him corrected by me and pronounced in open Forum on this the 14th day of March, 2018.
Sd/-Smt. Elizabeth George (President) :
Sd/-Sri. Antony Xavier (Member) :
Sd/-Smt. Jasmine. D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of the circular of KSEB dated 7.11.2009
Ext.A2 - Copy of the receipt for Rs.10,522/-
Ext.A3 - Copy of the demand and disconnection notice dated 4.3.2011
Ext.A4 - Copy of the demand and disconnection notice dated 1.3.2011for Rs.178230/-
Ext.A5 (a) & (b)- Copy of the certificate of registration of society (2 Nos.)
Ext.A6 - Copy of Jesuit society bye-law
Ext.A7 - Copy of the letter of Jesuit society dated 25.5.2011
Ext.A8 - Copy of the appointment order of Jesuit society dated 19.5.2010
Ext.A9 - Copy of the meter reading dated 7.9.2011
Ext.A10series - Copy of the installation certificate with receipt
Ext.A11 - Copy of the certificate by T.P. Jayadeva Sharma, Training officer, R.I Centre,
Alappuzha
Ext. 12 - Copy of the electricity bill dated 9.11.2011 for Rs. 4,402/-
Evidence of the opposite parties:-
Ext.B1 - Mahazor
Ext.B2 - Copy of the Board Circular
//True copy//
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F
Typed by: Br/-
Comped . by:
