By. Sri. K. Gheevarghese, President :-

The complaint filed under section 12 of the Consumer Protection Act 1986.
 

The complaint in brief is as follows:- The Complainant is a consumer of electricity vide the consumer No.2536 in the electrical section, Meenangady. The Complainant herein is the former President of Mahallu of the Masjudul Jalaliya Pally Committee at Kottakunnu. The Mosque was already constructed with 1^st and 2^nd floor, to reach the 2^nd floor there is one stair case and iron pipe works were arranged fencing the stair case. The hand work construction was done in use of electricity and the work was only a matter of 4 hours. When hand Rail work was going on the 1^st Opposite Party made surprise inspection and mahazar was prepared. The penal bill of Rs.4,500/- was issued to the Complainant assessing the use of 3 KW of energy for 15 days and two times of penal charges calculated for the same. The maximum period used for cutting the hand rail amount to only 3 or 4 hours. The penal bill issued to the complainant is without any reason and under no bonafied circumstances. The act of the 1^st Opposite Party is nothing but deficiency in service and the complaint is to be compensated . There may be an order directing the Opposite Party to cancel the additional bill dated 08.07.2009 absolving liability of the complainant as demanded by the bill issued. The Opposite Party may be directed to give the Complainant Rs.1,000/- as compensation and Rs.1,500/- towards cost.

2. The Opposite Parties filed version. According to them the Complainant is a consumer with No.2536 within the limit of the 1^st Opposite Party. On surprise inspection of the premises 2 KVA welding set and a 1200 W cutting machine were found to be connected temporarily to the above supply. The act of the Complainant is nothing but unauthorized use of energy no prior sanction and no formalities required were complied by the Complainant. In the roof of the mosque the truss works were done. On finding the unauthorized use of energy a penal bill was given. The temporary connection was taken for 15 days and the charge was levied for 15 days alone and the penalization of the amount was two times. There is no illegality on the demand of the amount as the penal charges by the Opposite Party for the unauthorized use of electricity of the Complainant.

3. The points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

    

4. The Points No.1 and 2 :- The Complainant filed proof affidavit. Ext.A1 is the document produced for the Complainant. The Opposite Party has not tendered any oral evidence. Ext.B1 is the document marked for the Opposite Party. The Complainant is examined as PW1 and has given oral testimony in this case. The case of the Complainant is that the hand rail works with iron pipes were done in the mosque for which electricity was used. The work was carried out only for a period of 3 to 4 hours and the energy was used for that purpose from the supply received. Ext.A1 is the demand notice cum disconnection notice dated 08.07.2009. The amount charged as the penalization considering the consumption energy of 3 KW Rs. 50 per KW for a period of 15 days. The amount was twiced. It is admitted by the Complainant that the supply in the consumer number was used for truss work, but the dispute is with respect to levying of this charge for an extend of 15 days. The penalization was accrued in two times for the amount charged for a period of 15 days. We are in the opinion that the penalized bill amount is to be reduced. The demand cum disconnection notice in the consumer No.2536 dated 08.07.2009 is quashed. The Opposite Parties are directed to issue the Complainant afresh bill for a period of 10 days of 3 KW with Rs.50 per KW and instead of two times, the amount to be assessed 1 ½ times of the chargeable amount.

In the result, the complaint is partly allowed. The Opposite Parties are directed to give the Complainant a fresh bill of 3 KW with Rs. 50 per KW for a period of 10 days in 1 ½ times. The demand cum disconnection dated 08.07.2009 of No.333341 stands quashed. The Opposite Party is directed to give the fresh bill as directed to the Complainant within one month from the date of this order. On receipt of the fresh bill issued, the Complainant has to remit the amount within 7 days. No order as to cost and compensation.

Pronounced in open Forum on this the day of 31^st October 2009.

PRESIDENT: Sd/-

MEMBER- I : Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Saidalavi. Complainant.

Witnesses for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Demand Notice cum disconnection Notice. dt:08.07.2009.

Exhibits for the Opposite Parties:

B1. Copy of Site Mahazar. dt:07.07.2009