Tamil Nadu

South Chennai

CC/107/2016

M/s.Radha Rajagopalan - Complainant(s)

Versus

The Assistant Engineer, Tamil Nadu Electricity Board, - Opp.Party(s)

M.N.Nithyanand and S.Senthil Kumar

08 May 2019

ORDER

                                                                        Date of Filing  : 15.03.2016

                                                                          Date of Order : 08.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.107/2016

DATED THIS WEDNESDAY THE 08^TH DAY OF MAY 2019

                                 

Miss. Radha Rajagopalan,

D/o. Dr. M.V. Rajagopalan,

Flat No.G3, Surya Apartments,

No.8, Central Avenue Road,

Kodambakkam,

Chennai – 600 024.                                                        .. Complainant.                                                       ..Versus..

 

The Assistant Engineer,

Tamil Nadu Electricity Board,

No.47, Sivankoil Street,

Kodambakkam,

Chennai – 600 024.                                                  ..  Opposite party.

 

Counsel for the complainant     : M/s. M.N. Nithyanand & another

Counsel for the opposite party : M/s. R. Amernath Rao Khande &

                                                     another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay the excess amount collected from the complainant paid on 19.07.2015 for the month of May 2015, i.e. Rs.8,050/- with interest and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, negligence and deficiency of service and unfair consumer service with cost of Rs.25,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that she is the owner of the apartment bearing flat No.G3, Surya Apartments, No.8, Central Avenue Road, Kodambakkam, Chennai – 600 024 having electricity connection vide consumption charges card No.226-032-120.   The complainant submits that she has vacated the flat on 01.06.2014 and the flat is kept vacant.  After vacating the flat, the consumption charges shall be nominal. The complainant submits that right from the day of transfer of name of the complainant, the consumption charges never go beyond Rs.3,467/-.  The complainant submits that the complainant had applied for three phase connection for which, the opposite party has charged for 1492 units in the month of May 2015 after vacating the premises.  Hence, the complainant personally went to the opposite party’s office and lodged a complaint dated:13.06.2015.  On 03.07.2015, two officials of the opposite party visited the complainant’s apartment and noted that the EB meter reading found to be correct as 110 units.  After conversion into three phase, the digital meter has been fixed.  The opposite party threatened the complainant and attempted to disconnect the electricity and compelled to pay a sum of Rs.8,050/- on 19.07.2015.   The complainant sent a complaint through Registered post dated:09.07.2015 for which, the opposite party has not sent any reply but compelled the complainant to pay a sum of Rs.8,050/- after installation of three phase connection.   The complainant also paid the said amount Rs.8,050/- on 19.07.2015  under protest.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the electricity service connection No.226-032-120  stands in the name of the complainant. The reading will be taken once in two months and the payment was received till the month of May 2016.  The allegation that the complainant has vacated the Apartment in the month of June 2014 is not correct.  The complainant has not given any letter to the concerned section office of the Tamil Nadu Electricity Board Authorities regarding the vacation of her apartment.  The opposite party states that the allegation of current consumption charges of Rs.8,050/- is abnormal is false. The complainant has paid the current consumption charges during the period from September 2014 to March 2015 is very meagre.  During the month of March 2015, the complainant has informed to strengthen the existing connection by way of three phase.   Accordingly, after installation of three phase connection, the digital meter also has been fixed after due test report from TANGEDCO.  The final reading arrived during the month of May 2015 is Rs.8,050/- which was collected only on 19.07.2015.  The allegation that excess amount received from the complainant is absolutely false.  The opposite party states that the complainant who is the consumer using 10 lights, 3 ceiling fans, 15 plugs 5 other points, 1 motor, 1 fridge, 1 water heater, 1 Air Conditioner totalling  37 points with total consumption of 4030 wattage.  The opposite party states that the averments of the complainant is that he is using only 5 tube lights & 4 fans and 1 TV alone is not correct.  The opposite party states that the complainant had made complaint on 13.06.2015 and the site was inspected by the TNEB officials and informed to the consumer directly on 03.07.2015 and the complainant has accepted the final reading of the released meter and accepted the load pattern through her signature in the test report.  Therefore, there is no deficiency in service on the part of the opposite party and hence, this complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and documents Ex.B1 & Ex.B2 are marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.8,050/- collected by the opposite party in excess as prayed for?
2. Whether the complainant is entitled to get a sum of Rs.1,00,000/- towards compensation for deficiency in service, negligence, mental agony with cost of Rs.25,000/- as prayed for?

5.      On point:-

Both parties filed their respective written arguments. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that she is the owner of the apartment bearing flat No.G3, Surya Apartments, No.8, Central Avenue Road, Kodambakkam, Chennai – 600 024 having electricity connection vide consumption charges card No.226-032-120.  Ex.A1 is the copy of electricity consumption card.  Further the contention of the complainant is that she has vacated the flat on 01.06.2014 and the flat is kept vacant.  After vacating the flat, the consumption charges shall be nominal.  As per Ex.B1, the charges shown as nominal.   It is very clear from Ex.B1 that the metre reading and consumption charges from 25.09.2007 to 05.05.2016 speaks its own as normal.  Further the contention of the complainant is that right from the day of transfer of name of the complainant, the consumption charges never go beyond Rs.3,467/- is also proved from Ex.B1.  The opposite party also admitted in its proof affidavit that the consumption charges from September 2014 to March 2015 is very meagre.  Since, the complainant had vacated the flat on 01.06.2014 itself.  Further the contention of the complainant is that the complainant had applied for three phase connection for which, the opposite party has charged for 1492 units in the month of May 2015 after vacating the premises.  Hence, the complainant personally went to the opposite party’s office and lodged a complaint dated:13.06.2015.  On 03.07.2015, two officials of the opposite party visited the complainant’s apartment and noted that the EB meter reading found to be correct as 110 units.  After conversion into three phase, the digital meter has been fixed.  The opposite party threatened the complainant and attempted to disconnect the electricity and compelled to pay a sum of Rs.8,050/- on 19.07.2015.   The complainant also paid the said amount Rs.8,050/- on 19.07.2015  under protest.  The complainant sent a complaint through Registered post dated:09.07.2015 as per Ex.A2.  For which, the opposite party has not sent any reply but compelling the complainant to pay a sum of Rs.8,050/- after installation of three phase connection amounts to unfair trade practice and deficiency in service.  

6.     The contention of the opposite party is that admittedly, electricity service connection No.226-032-120  stands in the name of the complainant. The reading will be taken once in two months and the payment was received till the month of May 2015.  The allegation that the complainant has vacated the Apartment in the month of June 2014 is not correct and the complainant has not proved the said fact. No intimation of any kind regarding the vacating of premises also given to the opposite party.  Further the contention of the opposite party is that the allegation of current consumption charges of Rs.8,050/- is abnormal is false. The complainant has paid the current consumption charges during the period from September 2014 to March 2015 is very meagre.  During the month of March 2015, the complainant has informed to strengthen the existing connection by way of three phase.   Accordingly, after installation of three phase connection, the digital meter also has been fixed after due test report from TANGEDCO.  The final reading arrived during the month of May 2015 is Rs.8,050/- which was collected only on 19.07.2015.  The allegation that excess amount received from the complainant is absolutely false. 

7.     Further the contention of the opposite party is that the complainant who is the consumer using 10 lights, 3 ceiling fans, 15 plugs 5 other points, 1 motor, 1 fridge, 1 water heater, 1 Air Conditioner totalling  37 points with total consumption of 4030 wattage as per Ex.B2.  The allegation that the complainant is using only 5 tube lights & 4 fans and 1 TV alone is not correct.  Further, the opposite party has not explained how they have arrived 1492 units of current consumption has not been explained.  None of the documents reflects either before or after installation of three phase connection.  The consumption of electricity to the tune of 1492 units has not been explained. On a careful perusal of the consumption of electricity right from 2011 to 2015, it has not been exceeded to such huge quantity.  The opposite party has not taken any steps to prove how the consumption of electricity to the tune of 1492 units in a particular month caused has not been explained proves unfair trade practice.  On a careful perusal of Ex.A1,due calculation was also made by the opposite party office while recording the consumption of the electricity units.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall reassess the consumption of electricity for the month of May 2015 on par with the consumption of electricity for one year and refund the excess amount received by the opposite party with a compensation of Rs.10,000/- towards mental agony and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to reassess the consumption of electricity for the month of May 2015 on par with the consumption of electricity for one year and refund the excess amount received by the opposite party and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.     

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of May 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of current consumption charges card in the name of the complainant
Ex.A2	09.07.2015	Copy of complaint by the complainant through RPAD
Ex.A3	09.07.2015	Copy of RPAD receipt No.RT142902335IN
Ex.A4		Copy of Account Summary

 

OPPOSITE PARTY SIDE DOCUMENTS:-

Ex.B1		Copy of Consumer Ledger
Ex.B2	31.03.2015	Copy of Revised Test Report

 

   

MEMBER                                                                                PRESIDENT