By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. In C.C.42/07 complainant challenges the electricity penal bill issued to him by opposite party for Rs.80136/- dated, 11-5-07 to consumer No.C-244 which is supply to the restaurant run by complainant for his livelihood. In C.C.43/07 complainant challenges the electricity penal bill issued by opposite party for Rs.30,658/- dated, 11-5-07 to consumer No.C-743 which is supply to his house. He prays for cancellation of the above bills and for compensation.<br /> <br /> 2. In both cases opposite parties have filed joint version stating the following:-<br /> <br /> Basing on the information availed from the anomaly register noted by meter readers 1st opposite party conducted on inspection of the premises on 10-5-2007 along with Assistant Engineer, Anti Power Theft Squad Unit, Kozhikkode. Theft of electricity by tampering meter seals and adjusting counter mechanism inside the meter was detected. Separate site mahazars were prepared for each consumer number. The meters are kept in safe custody. Service to both the connections were disconnected on the same day and penal bills were served on the complainant on 11-5-07 for Rs.80,136/- (consumer No.C-244) and Rs.30,658/- (consumer No.C-743). Complainant requested for instalment facility to remit the amount which was allowed as per order dated, 16-5-07 of Deputy Chief Engineer, Kozhikkode. Complainant preferred appeal before Deputy Chief Engineer, Kozhikkode. One third of the assessed amount of each bill was remitted by complainant and supply was reconnected. The due date of second instalment was 26-6-2007. In order dated, 16-5-2007 there was specific direction to the complainant to pay regular current charges. Since complainant failed to remit the subsequent regular current charge supply was disconnected on 10-7-07, after serving notice of disconnection on 05-6-07. Thereafter complainant approached this Forum and as per interim order dated, 18-7-07 supply was reconnected on 21-7-07 after payment of the second instalment and reconnection fee of both the disputed bills. The appeal preferred by complainant to Deputy Chief Engineer, Kozhikkode was transmitted to opposite party No.2 for disposal under Section 127 of Indian Electricity Act, 2003. Hearing was conducted on 04-8-07 and orders are yet to be published. In addition to this complainant had involved in another misuse of electricity which was detected on joint surprise inspection conducted by opposite party No.1 and anti Power Theft Squad, Kozhikkode where it was found that electric supply was taken by complainant to consumer No.244 from neighbour's <br /> <br /> <br /> connection (consumer No.1312). A penal bill for Rs.1200/- was served upon the owner of consumer <br /> No.1312 for unauthorised extension. The bills issued are proper and complaint is to be dismissed.<br /> <br /> 3. Evidence in C.C.No.42/07 consists of affidavits filed by both sides. Exts.A1 to A4 marked on the side of complainant. Exts.B1 to B9 marked on the side of opposite party. Evidence in C.C.No.43/07 consists of affidavits filed by both sides. Exts.A1 to A4 marked on behalf of opposite party. Since facts giving rise to both cases are the same we proceed to consider both cases together.<br /> <br /> 4. According to complainant the penal bills served upon him on 11-5-07 are illegal. Ext.A1 is the bill for Rs.80,316/- (consumer No.244) produced in C.C.No.42/07. In C.C.No.43/07 the penal bill for Rs.30,658/- (consumer No.743) was produced and marked as Ext.A1. Opposite party alleges theft of electricity by tampering meters to the respective consumer numbers. Opposite party relies upon Ext.B7 site mahazar's prepared in each case. In B7 mahazars it is narrated that the meter seals are tampered and theft was committed by adjusting the counter mechanism. Counsel for complainant refuted these allegations and contented that as per Ext.B7 mahazars, opposite party has not seized any material object. That B7 does not even show that the alleged meters were seized and taken into custody. It is further contended by complainant that if the meter was seized it ought to have been send to Electrical Inspector or any technical expert for examination and report. That Regulation 27(4) of Kerala Supply Code, 2005 provides that opposite party has to maintain a register of all relevant security devices and seals regarding the meter. If there is an apprehension that seals of the meter are tampered it should be compared with the register. As per Regulation 27(5) if opposite party discovers that seal is broken the consumer has to be notified in writing immediately. The arguments raised by counsel for complainant<br /> <br /> is not without substance. Opposite party has failed to produce any register maintained regarding seal of the meters. Further Ext.B7 does not state that meter was taken into custody. Opposite party has not taken any steps to send the alleged meters for expert opinion.<br /> <br /> 5. Counsel for complainant argued with much thrust that opposite party has flagrantly violated the provisions under Section 126 of Indian Electricity Act, 2003 and Regulation 27 A of Kerala Supply Code, 2005. As per these provisions when misuse of electricity is detected consumer has to be first served with a provisional assessment order. Only after giving the consumer an opportunity for filing objections and for hearing final assessment can be made imposing penalty. Admittedly complainant was not served with any provisional assessment. The final order/penal bill was served on the very next day of inspection. The above provisions are safeguards provided by law to protect consumer. Especially when detecting officer and officer imposing penalty are one and the same it is mandatory to comply these provisions which are intended to prevent arbitrary actions.<br /> <br /> 6. The appeals preferred by complainant against the bills were disposed by opposite party No.2 by common order dated, 05-10-07. This order is produced in C.C.No.42/07 and marked as Ext.B9. As per Ext.B9 order opposite party No.2 has directed opposite party No.1 to issue revised bill by taking load factor. 7 x 13 hrs for the Hotel and .7 x 6 hrs for the house. In the version opposite party also alleges that complainant further committed misuse of energy by taking unauthorised extension from neighbour consumer No.1312 during the period his service was disconnected. That an additional bill was served upon the owner of consumer No.1312. Since the bill does not pertain to the supply provided to complainant. We do not think it necessary to delve into this issue any further.<br /> <br /> <br /> <br /> 7. From the above discussion, we are able to conclude that opposite party has failed to reasonably establish that complainant has committed theft of electricity. For the same reason we find that Ext.A1<br /> bill for Rs.80,136/- and another bill for Rs.30,658/- are illegal. We hold complainant is not liable to<br /> pay the above bills. The act of opposite party in issuing bills without basis and not complying mandatory provisions amounts to deficiency in service.<br /> <br /> 8. In the result, complaint allowed. We order that Ext.A1 bills for Rs.80,136/- (Rupees eighty thousand one hundred and thirty six only) and Rs.30,658/- (Rupees Thirty thousand six hundred and fifty eight only) dated, 11-5-07 are cancelled. Any amount remitted by complainant towards the above bills shall be adjusted to future bills of the complainant by opposite party. Parties are directed to suffer their respective costs.<br /> <br /> Dated this 18th day of March, 2008.<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> APPENDIX IN C.C.No.42/07<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Photo copy of the bill for Rs.80,316/- dated, 11-5-2007 to <br /> complainant by opposite party. <br /> Ext.A2 : Photo copy of the receipts for Rs.10,871/- and Rs.10,905/- <br /> dated, 16-5-07 to complainant by opposite party.<br /> Ext.A3 : Photo copy of the registered letter dated, 11-6-07 to second <br /> opposite party by Deputy Chief Engineer, APTS., Kozhikkode.<br /> Ext.A4 : Photo copy of the Demand notice cum Disconnection notice<br /> for Rs.24,410/- + S/C dated, 15-11-07 to complainant by opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B9<br /> Ext.B1 (a) : Instalment order dated, 16-5-2007 by 1st opposite party to <br /> complainant.<br /> Ext.B1(b) : Instalment details issued by opposite party to consumer No.244<br /> Ext.B2 : Photo copy of the request dated, 11-5-07 to opposite party <br /> by complainant.<br /> Ext.B3 : Photo copy of the bill for Rs.80,316/- dated, 11-5-2007 by <br /> opposite party to complainant. <br /> Ext.B4 : Photo copy of the bill for Rs.1200/- dated, 25-5-2007 by <br /> opposite party to complainant. <br /> Ext.B5 : Photo copy of the assessment report No.KKD-129/07-08 dated, <br /> 10-5-07 of Anti Power Theft Squad, Kozhikkode.<br /> Ext.B6 : Photo copy of the assessment report No.143/07-08 dated, <br /> 14-5-07 of Anti Power Theft Squad, Kozhikkode.<br /> Ext.B7 : Photo copy of the Site Mahazar dated, 10-5-07. <br /> Ext.B8 : Photo copy of the Site Mahazar dated, 21-5-07.<br /> Ext.B9 : Order dated, 05-10-07 to complainant by 2nd opposite party.<br /> <br /> <br /> APPENDIX IN C.C.No.43/07<br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Photo copy of the bill for Rs.30,658/- dated, 11-5-2007 to <br /> complainant by opposite party. <br /> Ext.A2 : Photo copy of the receipts for Rs.30,177/- and Rs.30,266/- <br /> dated, 18-5-07 to complainant by opposite party.<br /> Ext.A3 : Photo copy of the registered letter dated, 11-6-07 to second <br /> opposite party by Deputy Chief Engineer, APTS., Kozhikkode.<br /> Ext.A4 : Photo copy of the Demand notice cum Disconnection notice<br /> for Rs.1914/- + S/C dated, 15-11-07 to complainant by opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B9<br /> Ext.B1 (a) : Instalment order dated, 16-5-2007 by 1st opposite party to <br /> complainant.<br /> Ext.B1(b) : Instalment Details issued by opposite party to consumer No.743.<br /> Ext.B2 : Photo copy of the request dated, 11-5-07 to opposite party <br /> by complainant.<br /> Ext.B3 : Photo copy of the bill for Rs.30,658/- dated, 11-5-2007 by <br /> opposite party to complainant. <br /> Ext.B4 : Photo copy of the bill for Rs.1200/- dated, 25-5-2007 by <br /> opposite party to complainant. <br /> Ext.B5 : Photo copy of the assessment report No.KKD-128/07-08 dated, <br /> 10-5-07 of Anti Power Theft Squad, Kozhikkode.<br /> Ext.B6 : Photo copy of the assessment report No.143/07-08 dated, <br /> 14-5-07 of Anti Power Theft Squad, Kozhikkode.<br /> Ext.B7 : Photo copy of the Site Mahazar dated, 10-5-07. <br /> Ext.B8 : Photo copy of the Site Mahazar dated, 21-5-07.<br /> Ext.B9 : Demand notice cum Disconnection notice for Rs.1914/- dated, <br /> 16-11-07 to complainant by 2nd opposite party.<br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER