Tamil Nadu

South Chennai

CC/162/2022

M. Charles - Complainant(s)

Versus

T.N.E.B - Opp.Party(s)

K. Malairaja, A. Alvinraj

13 Feb 2023

ORDER

                                                           Date of Complaint Filed : 15.09.2021

                                                           Date of Reservation      : 25.01.2023

                                                           Date of Order               : 13.02.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,         : MEMBER II

 

CONSUMER COMPLAINT No.162 /2022

MONDAY, THE 13^th DAY OF  FEBRUARY 2023

1.M.Charles,

   S/o Malairaja (Alias) Alwin raja,

   SF No. 387/8-D,

   No.8,Goveindappa Nayakar Street,

   2^nd Street, Alapakkam,

   Valasaravakkam Post,

   Chennai-600 116

 

2.K.Malairaja (Alais) Alwin Raja,

   Rep by its Power of Attorney,

   G.H. Opposite, Periyar Nagar,

   Sendurai-621 714,

   Ariyalur district.                                                                                                                                           ... Complainants                

..Vs..

 

1.Junior Engineer,

   Generation/Maintenance,

   TANGEDCO Electricity Board-AE Office,

   Alapakkam, Chennai-600 116.

 

2.Chief Engineer (North),

   Tamil Nadu Electricity Board(TNEB),

   5.A-Block-Electric Avenue,

   Anna Salai, Chennai-600 002.                                                                                                                          ...  Opposite Parties

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Parties     : M/s. J Hemalatha Gajapathy

 

On perusal of records and after having heard the oral arguments of the Complainant in person and the Counsel for the Opposite Parties, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Parties to amend the wrong electricity bill and to collect the actual electricity bill amount of Rs.1120/- for the month of June and July and direct the Opposite Parties to pay a sum of Rs.8460/- and to pay a sum of Rs.90,000/- for the illegal collection of Rs.8460/- and for the mental agony and to pay a sum of Rs.10,000/- totally a sum of Rs.1,00,000/- to the Complainant.

2.     The averments of Complaint in brief are as follows:-

The Complainant is residing at Door No.8, Govindappa Naicker Street, 2^nd Street, Alappakkam, Valasaravakkam Post, Chennai -116 as a tenant under P.Babu. The electricity connection for the said house is bearing service connection No.09403003823. The Complainant is paying electricity bill without any default. While so on 07.04.2021 a sum of Rs.1040/- was paid for the months of March and April. Further a sum of Rs.50 was paid on 25.05.2021  towards electricity bill for the month of May. Thereafter no reading was taken for the months of June and July and on 27.07.2021 the Complainant was told to pay a sum of Rs.8460/-. On questioning as to why a sum of Rs.8460/- had to be paid for the months of June and July when only a sum of Rs.1040/- was paid for the months of March and April, the Opposite Party replied that all over Tamilnadu such amount was being charged. The Complainant  had made a complaint to the number 9498794987 regarding the wrong billing. He also went in person to the office of the Assistant Engineer and made complaint but proper reply was not given. Further submitted that the Complainant was residing in the said rental house for the past two years and had used maximum 310 units per month. The Complainant had approached the Opposite Party to reconsider the wrong billing of Rs.8460/-. However the Assistant engineer refused to consider the request of the Complainant  and told to give complaint to CM Cell.  The act of the Opposite Party charging Rs.8460/- is illegal. Hence the Complainant had sent a notice under section 80 (4) CPC and Section 12 (5) of Consumer Protection Act, 1986  on 06.08.2021 to the Opposite Parties. The Opposite Parties on receipt of the same had read the notice and returned the notice to the Complainant. The excessive billing of Rs.8460/- along with penalty which was arrived at Rs.8641/-  is illegal and has caused great mental agony to the Complainant. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

        The Opposite Party submitted that the Electricity consumption reading of Complainant for the month of March and April 2021 was taken on 07.04.2021 and the Complainant paid a sum of Rs.1040/- and on 25.05.2021 the Complainant has paid Rs.50/- towards Electricity consumption charges for the month of May 2021 as per the memo is sued by the TANGEDCO dated 20.05.2021. Due to the second wave Covid-19 Lockdown was imposed since 10.05.2021 04.00 AM to 24.05.2021 04.00 AM and considering the difficulties faced by the LT (Low Tension) Consumers of TANGEDCO it was provisionally adopt previous month billing (PMC billing). During the pandemic several LT Consumers have represented that their billing as per the above said method is higher as compared to the actual usage, citing various reasons. Therefore in view of the LT consumer's representation, it is instructed to accept "self-assessment" reading as furnished by the LT consumer for the bill month of May 2021 by deleting the PMC billing already made. The Complainant has stated in para 2 in the complaint that on 25/05/2021, he paid Rs.50/- for the month of May 2021. The electricity charge of the Complainant for the month of May 2021 was derived as per the previous Month billing i.e., the Complainant has paid Rs. 50/- on May 2019 and moreover the Complainant did not make any representation for Self Assessment. On 27.07.2021 the assessment was made for the month of April, May, June and July 2021 and during the assessment it was found that the Complainant has consumed 1750 units during the above said four months (April- July) 27.07.2021 and the Complainant was informed to pay Rs.8460/- as electricity consumption charges. Since the Complainant has only paid Rs.50/- as consumption charges for the month of April and May 2021 due to Covid period, he has to pay actual consumption charges for the month of (April-July) 2021.  The Complainant has stated that he has sent a Legal Notice to the Opposite Party through registered post, the same may have been returned due to lack of knowledge by the Contract labourer working in the E.B office. Moreover it was not brought to the knowledge of the Opposite Party one who received the same. Hence there was no intentional in not sending reply to the said Legal Notice. The Opposite Party submitted that the Complainant has failed to pay the sum of Rs 8,460/- within the stipulated time therefore penalty was imposed so he was informed to pay Rs. 8641/- it was just and proper. Hence, the Complainants have not come to with clean hands and hence prayed to dismiss the complaint. 

4.   The Complainants submitted Proof Affidavit and Written Arguments. On the side of the Complainants, documents marked as  Ex.A-1 to Ex.A-15. The Opposite Parties submitted Proof Affidavit and Written Arguments, on the side of Opposite Parties documents were marked as Ex.B-1 and Ex.B-2.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

 

 

Point No.1:

The undisputed facts are that the 1^st Complainant represented by the 2^nd Complainant is a tenant under Mr.P.Babu who had availed Electricity service connection bearing No.09403003823 for the premises situated at SF No. 387/8-D, No.8, Govindappa Naicker Street, 2^nd Street, Alapakkam, Valasaravakkam Post, Chennai – 600 116. The dispute arose when the Opposite Parties had charged a sum of Rs.8460/- as electricity consumption charges on 27.07.2021 which according to the Complainant is due to the improper reading taken by the Opposite Parties.

The contention of the Complainant is that he had paid Rs.1040/- as consumption charges for 2 months , March and April 2021  on 07.04.2021 and paid Rs.50/- for May,2021 as per the instructions of the Opposite parties. Further contended that no reading was taken for the months of June and July 2021 and lastly he was told to pay Rs.8460/- on 27.07.2021 towards electricity consumption charges. When the earlier bill for the months of March and April 2021 showed Rs.1040/- billing for the month of June and July 2021 at Rs.8460/-, the Complainant had made complaints over Phone and in person to review and reduce the electricity charges which was charged illegally when there was no such huge consumption of electricity as alleged by the Opposite Parties. The Complainant had sent notice under Section 80(4) of CPC and under Section 12(5) of the Consumer Protection Act, 1986 to the Opposite Parties on 06.08.2021, as per Ex.A3 which the Opposite Parties received, read the content and returned stating the issue does not pertain to their office. Further submitted that the wrong billing of Rs.8460/- along with penal charges illegal and amounts to deficiency in service.

The Opposite Parties contended that the subject premises belong to one Mr.Babu and the domestic Electricity Service Connection No.09403003823 stands in his name and that the Complainant had filed the Complaint in his own name and not as the agent of Mr.P.Babu. Hence the Complainant is not a consumer as defined under the Consumer Protection, Act, 2019. Further contended that the Electricity Consumption reading for the month of March and April 2021 was taken on 07.04.2021 and the Complainant had paid Ra.1040/- and  on 25.05.2021 had paid Rs.50/- for the month of May 2021. Due to the second wave of Covid 19 imposed from 10.05.2021 to 25.05.2021 considering the difficulties faced by the LT (Low Tension) consumer TANGEDCO it was provisionally adopted to accept previous month billing (PMC). But in view of the LT consumer’s representation it was instructed to accept self assessment reading as furnished by the LT consumers for the month of May 2021 by deleting the PMC billing already made. The Complainant had paid Rs.50/- in May 2019 and had not made any representation for self assessment, On 27.07.2021 the assessment was made for the months of April, May, June and July 2021, and it was found that the Complainant had consumed 1750 units at Rs.8460/- which the Complainant ought to pay along with penaly charges which comes to Rs.8640/-.

On careful perusal of the facts and circumstances of the case, it is seen from Ex.A-7, that Mr.Charles is a tenant under the Landlord Mr.P.Babu, in whose name the Electricity Service Connection stands and that the said Mr.Charles had given Special Power of Attorney in the name of the Complainant, Ex.A-11. As per the Consumer Protection Act even a beneficiary is a consumer. Hence the Complainant who is tenant under the Landlord Mr. Babu is a beneficiary, who had availed service from the Opposite Parties and as such falls under the definition of Consumer as defined under the Act. Moreover the Opposite Parties in their pleading had admitted that the Complainant is a tenant and availed services from the Opposite Parties. For the first time in the Written Arguments, the Opposite Parties had raised the dispute that the Complainant is not a consumer, which is not acceptable.

As regards the contention of excessive billing on 27.07.2021, the Opposite Parties through the Office of the Chief Engineer, Distribution, Chennai North Region had sought for Common Meter Reading Instrument Report (CMRI) on 10.06.2022, Ex.B-1 in respect of the Complainant’s premises on the  complaint made by the Complainant and obtained CMRI Report on 13.06.2022, Ex.B-2 observing that there was no abnormalities and that the Meter was in good condition.

The Electrical Consumption graph marked as Ex.A-13 would show that there is steep rise in the consumption for the month of July 2021, which is as contended by the Opposite Parties for the months from April 2021 to July 2021 for four months in total, which amounts were paid by the Complainant subsequently as seen from Ex.A-12.

From the discussions made above, this Commission is of the considered view that the Opposite Parties had not committed any deficiency of service, and the allegation of excessive billing is towards the consumption of actual electricity charges by the Complainant and hence the Opposite Parties cannot be held liable for deficiency in service. Accordinly Point No.1 is answered against the Complainant.

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Complainant, he is not entitled for the reliefs claimed or for any other relief(s). Accordingly Points Nos. 2 and 3 are answered.

        In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of February 2023.

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	05.07.2021	Electricity Consumption Card
Ex.A2	22.05.2021	Receipt of payment through online
Ex.A3	06.08.2021	Notice
Ex.A4	13.08.2021	Letter of Assistant Engineer, Electricity Bill
Ex.A5	14.08.2021	Copy of notice sent through WhatsApp to Opposite Parties
Ex.A6	21.09.2021	Payment of Electricity Bill
Ex.A7	-	Rental Agreement
Ex.A8	-	Postal Receipt and acknowledgement
Ex.A9	10.02.2022	Receipt of Electricity Bill
Ex.A10	-	Special Power of Attorney
Ex.A11	-	Complainant’s Ration Card
Ex.A12	-	Current consumption charges-table
Ex.A13	-	Computer bill for payment of Electricity Bill charges
Ex.A14	-	RTI Petition
Ex.A15	-	Acknowledgement card

 

List of documents filed on the side of the Opposite Parties:-

Ex.B1	-	Memo dated 10.06.2022 by CE to get CMRI report
Ex.B2	-	Letter dated 13.06.2022 by AE/MRT/LAB

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT