Date of Filing:17.11.2008<br /> Date of Order:02.12.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 2ND DAY OF DECEMBER 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2474 OF 2008<br /> <br /> <br /> Geetha Nandish<br /> W/o. V. Nandeesh<br /> R/at No. 40, I Main Road<br /> Koramangala<br /> Bangalore 560 034. Complainant<br /> <br /> <br /> V/S<br /> The Asst. Executive Engineer <br /> Sub-Division South IV<br /> Bangalore Electricity Supply Co. Ltd.<br /> Koramangala, Bangalore-560 04. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 to recall notice dated 21.06.2008 claiming back billing and claiming difference between domestic and commercial rate amount of Rs. 25,415/-. <br /> The brief facts of the case are that the complainant is running a Paying Guest/Hostel. The complainant is doing this as social service, those who are coming to city from the different places. The complainant has obtained power installation to the building bearing No.RR 4SEH-9168 and from the day of occupation of the premises the complainant promptly paying the electricity charges. This installation comes under the category of LT 2(A)1 fixed by the department. Paying Guest/Hostel comes under the Tariff Schedule LT-2(A)1. The complainant is paying the Electricity Consumption charges as mentioned in Book in the year 2002. The BESCOM has charged the electricity Tariff under category LT-3 and issued an enhanced electricity bill of Rs. 25,419/- to the complainant to which complainant has issued a notice to recall the back billing letter dated 21.06.2008. In the reply notice the Assistant Executive Engineer replied stating that excess of current is used, therefore, the department has claimed extra amount by way of back billing. The complainant is continuously paying the electricity power consumption charges under LT (2) A 1 and the receipts of the same are produced. The complainant is staying in a portion of the building and running a hostel and paying guest accommodation. The complainant submits that after issuing the back billing letter to the complainant the departmental officials are harassing the complainant and threatening to disconnect the electricity connection. The back billing and claiming a sum of Rs. 25,415/- is liable to be set aside and the bill has to be made under LT(2)A category fixed by the BESCOM. The department is unnecessarily harassing and issued notice claiming under LT-3 which is not applicable for this installation No.RR 4 SHE 9168. On account of the harassment by the opposite party, the complainant has to undergo untold mental agony and suffering and they are liable to pay the damages to the complainant. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through Advocate and filed defence version stating that, the one D. Sanjeeva Rao had entered into an agreement with the opposite party to avail power supply to the building as per the terms and conditions stipulated in Electricity Supply and Distribution Code and to pay for the same as per the tariff prescribed from time to time. The electric installation bearing RR No. 4 SHE 9168 the schedule installation is exclusively meant for power supply to ground floor and the other is 1st floor with a separate kitchen and bathrooms. The aforesaid installation was inspected by the vigilance squad of the opposite party on 23.08.2008, it was noticed that there is a paying guest accommodation in the entire 1st floor of the premises as admitted by the complainant, it was also found that there was excess load connected to the installation. The complainant has admitted that she is residing in the entire ground floor of the premises and the entire 1st floor of the premises is exclusively used for paying guest accommodation. The above installation was back billed for a period of six months prior to the date of inspection for both unauthorized connection and for misuse of energy as per the provisions of Electricity Supply and Distribution Code and demanded payment of Rs. 25,419/- which is legitimately due to the opposite party. Due to unauthorized excess load connected by the complainant, the entire power supply system is being affected, which requires up gradation of transformer to balance the excess load which requires additional funds to be invested by the opposite party. The complainant is running a paying guest accommodation which is a commercial activity as such she is entitled to pay for the electricity consumed at a commercial rate which is just and reasonable. In view of all these reasons stated above, the opposite parties prayed to dismiss the complaint.<br /> <br /> 3. Affidavit evidence of Smt. Geetha Nandish has been filed and on behalf of opposite party affidavit evidence of N. Gangappa, A.E.E is also filed. The parties have produced documents.<br /> 4. Arguments are heard.<br /> 5. The points for consideration are:-<br /> 1. Whether the back billing notice of opposite <br /> party dated 21st June -200 is justified?<br /> <br /> <br /> 2. Whether the premises of the complainant can be charged under LT-2(A)?<br /> <br /> REASONS<br /> 6. I have gone through the complaint, defence version, documents and respective affidavits. The complainant is a lady. As per her case she has taken a building on rental basis and she is residing in a portion of the building and in another portion she is running a paying guest for students and ladies who are coming from rural parts to prosecute their education in various educational institutions and the ladies who come to Bangalore in search job. The complaint is having power installation to the building bearing R.R. No.4 SEH 9168. From the date of occupation of the premises by the complainant the opposite party department is charging electricity consumption under category LT-2(A)1 and the complainant is paying electricity consumption charges regularly. As regards the payment of bills there is no dispute. It is the case of the complainant that all of a sudden without notice, Vigilance Officers came and without proper inspection of the building changed the tariff from LT-2(A)1 to LT-3 and the A.E.E sent letter to the complainant claiming Rs.25,419/- by way of back billing on the basis of report. It is the case of the complainant that the power installation taken to the building comes under the category LT-2(A)1. The opposite party published electric power tariff. The tariff schedule LT-2(A) reads as under:- <br /> <br /> “Applicable to lighting/combined, heating and motive Power installations of residential houses and also to such houses where a portion is used by the occupant for (a) Handloom weaving (b) Silk rearing and reeling and artisans using motors up to 200 watts (c) Consultancy in (i) Engineering (ii) Architecture (iii) Medicine (iv) Astrology (v) Legal matters (vi) Income tax (vii) Chartered Accountants (d) job typing (e) Tailoring (f) Post Office (g) Gold Smithy (h) Chawki rearing (i) Paying Guests (j) personal computers (k) Dhobis (l) Hand operated printing press (m) Beauty Parlours (n) Water Supply installations, Lift independently serviced for bonafide use of residential complex/residence, (o) Farm Houses and yard lighting limiting to 20 Watts. <br /> <br /> <br /> So, as per this Rule portion of house used as paying guest shall be billed in LT-2(A) under Tariff schedule. The learned counsel for the complainant stated that the complainant is residing in the ground floor and in the first floor which is a duplex house, she is running paying guest accommodation. Therefore, the paying guest is not in a separate building or premises. It is a portion in the same building. Therefore, the tariff applicable to the premises is under LT-2(A) only. There is a considerable force in the argument advanced by the learned advocate for the complainant. A similar dispute had arisen between Smt. Malati Vinay Vs. BESCOM. She had filed a complaint in Complaint No. 2266/2007 before this Forum, and after hearing that the matter on merits, this Forum had passed an order allowing the complaint by directing the opposite party to issue electricity bill under category LT-2(A) to the paying guest premises. The order was passed by this Forum in that case on 29/08/2008. Being aggrieved by the order passed by this Forum, the BESCOM had preferred an appeal before the Hon’ble State Commission in Appeal No. 2115/2008 and the Hon’ble State Commission confirmed the order of this Forum and dismissed the appeal of the BESCOM. Again being aggrieved by the order of State Commission, the BESCOM had filed a W.P No.63/2009 before the Hon’ble High Court of Karnataka. The Hon’ble Division Bench of the High Court of Karnataka dismissed the Writ Petition of the BESCOM by confirming the order of this Forum and also the Hon’ble State Commission. The facts of the present case are similar to the facts of the earlier complaint No. 2266/2007 decided by this Forum. Therefore, it is not possible to take different opinion. Taking into consideration of all the facts and circumstances of the case, since the complainant is running paying guest in a portion of building, therefore under the tariff schedule, the installation to the building should be billed under LT-2(A). Therefore, the notice issued by the opposite party to the complainant to pay back billing amount of Rs.25,419/- is liable to be set aside. The complainant is regular in payment of electricity bills. The opposite party shall issue bill for the consumption of electricity under category LT-2(A) to the installation No.RR4 SEH 9168. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 7. The complaint is allowed. The notice of opposite party dated 21/06/2008 claiming back billing amount of Rs.25,415/- is set aside. The opposite party is directed to send bills of electricity consumption under category LT-2(A) in respect of installation No. RR 4 SEH 9168 to the complainant.<br /> <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 9. Pronounced in the Open Forum on this 2ND DAY OF DECEMBER 2009. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> rhr. <br />