DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 22nd day of January 2009.

Present : Smt. H. Seena, President

Smt. Preetha.G Nair, Member

Smt. Bhanumathi.A.K, Member

C.C.No.34/2007

B. Kamarudheen

S/o. Bappuji Sahib

Paramanchalla

Nattukal .P.O

Kozhijampara

Palakkad. - Complainant

(Advocate M. Alimuthu)

V/s

1. The Assistant Engineer

Electrical Section

Kozhijampara

2. The Secretary

K S E B, Vaidhyuthi Bhavan

Pattom

Thiruvananthapuram

3. The Executive Engineer

K S E B, Electrical Division

Chittur

Palakkad. - Opposite parties

(Advocate L. Namasivayan)

O R D E R

By Smt. H. Seena, President

Complainant is a commercial consumer of the Opposite party with Consumer No.6502013667. Complainant is regularly paying the charges as per the tariff fixed. He subsequently constructed a dwelling house in continuation of this establishment. Being completed wiring he has applied for electric connection also. Complainant has once used the electricity connection from the shop by way of extension to his dwelling house on experimental basis. According to the complainant, Anti Prevention Theft Squad inspected the premises and detected unauthorized use of electricity on 06/02/2007 at 7.30 pm. There after on 07/02/2007, a penal bill of Rs.13,500/- was served on the complainant. The bill

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issued is arbitrary and not complying the provision of the Electricity Act 2003. When the complainant enquired with Opposite party No.1, he stated that there is no other option and amount should be deposited and if necessary, installment facility can be granted. Accordingly the whole amount was paid in two instalments. Opposite party also threatned to disconnect the connection if the amount is not paid. According to the complainant U/126 of Electricity Act 2003 Opposite parties are entitled to charge only 1 ½ times the tariff applicable for domestic connection.

Complainant has not been provided opportunity for filing objection. Hence complainant prays to set aside the said bill and also claim reimbursement of the amount already paid.

2. Opposite parties filed version stating the following contentions.

   The averments, allegations and statements contained in the complaint are unsustainable, incorrect and bereft of bonafides and are to be dismissed in limini.

The Opposite party states that the complainant was given an electric connection No.13667 to his shop building under commercial tariff VIIB. The connection was effected on 13.01.2003. This tariff is applied to connections having a total connected load of below one thousand watts. The complainant has given an application for a total connected load of 460 watts.

The consumer subsequently constructed dwelling house in continuation of this commercial shops and situated on the back side of the shop rooms. He also duly applied for electric connection to this house under domestic tariff for a connected load of 1580 watts. Cash Deposit (CD) was accepted from him on 01.02.2006. Since the consumer was in the waiting list and as the turn for effecting connection to that application has not yet reached and since he has not paid O.Y.E.C charges for effecting an immediate connection for the domestic purpose, the domestic connection was resting in the waiting list. As the consumer did not opt for O.Y.E.C for the domestic connection and as he did not seem to be very keen on getting the domestic connection soon, the section staff at Electrical Section, Kozhinjampara suspected that there could be misuse of the electricity by taking electric connection from his shop. A surprise site inspection was carried out by the 1^st Opposite

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party' Assistant Engineer along with Sub engineer etc on 06.02.2007 at 7.30p m. It was detected that the consumer was misusing electric energy from the shop to his house and the entire house was connected with the unauthorized line extended from the electric connection at the shop as described in the mahazar. On further inspection at the shop it was found that the power meter connected to the electric connection at the shop was faulty and it was not recording the consumption. A site mahazar was immediately prepared in the presence of the son of the complainant. The complainant's son refused to subscribe his signature to the mahazar and to obtain a copy of the same. Thus the inspection team detected unauthorized extension of electric connection given to the consumer / complainant to the shop building.

After this in observance as per the legal procedure a penal bill for the misuse detected was issued to the complainant for Rs.13,500/-The penal bill is calculated as under:

Unauthorised extension load of 2 K.W

@ Rs.50/- per K.W. Per day for 3 months

(90 days) with 1.5 times penalty

i.e. 2 KW x 50 x 90 x 1.5 = Rs.13,500/-

The complainant received the bill, admitted the misuse and agreed that he will remit the amount and applied for installment facility. The 1^st Opposite party granted 2 monthly installments. The complainant remitted one instalment on that day itself. The reason stated in the application for installments is that the complainant is remitting O.Y.E. C amount for taking connection to his house and accordingly he remitted an amount of Rs.1500/- as O.Y.E.C and the connection was effected to his house on 12.02.2007.

The statement of the complainant that he has not started living in the house and has not started using electricity to the house and that he has on experimental basis on one occasion operated the lights on the newly constructed house and that he has no knowledge that the same could not be done without prior sanction of the Opposite party 1 are all utter falsehood stories cooked up for the purpose of the complaint. It is not correct to say that the penal bill issued to the complainant is arbitrary and without complying the provisions of the Act, that the Opposite parties are not entitled to issue such a bill. The incidence of

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disconnection of power supply for non payment of energy bills is only a statutory inevitability which is never an illegality. The complainant is bound to remit the bills issued by the Board.

It is not true to say that an amount of Rs.6,500/- has been obtained from the consumer when the consumer went to the electricity office to enquire about the whole incident and the penal bill. The complainant has fully understood the gravity of the irregularity and misuse committed by him and that is why he has applied for installment facility admitting his irregularity and misuse and has remitted half of the penal bill amount as per the installment order granted and also the O.Y.E.C amount for the domestic connection. Moreover, the complainant is estopped from contenting against the letter written by him for installment facility. It is utter falsehood to state that the Opposite Party1 has exploited the alleged lack of knowledge of the complainant and has acted in a way to compel the complainant to remit the penal bill amount. It is not true to say that the Opposite parties have violated Section 126 of the Electricity Act 2003 and has issued the penal bill. The complainant is liable to pay the penal bill amount and is not at all entitled for any order as prayed for from this Honourable Forum and the Opposite parties are not liable for any of the prayers of the complainant. According to Opposite parties, complaint is liable to be dismissed.

2. Evidence consists of proof affidavit and exhibits A1 and A2 marked on the side of complainant and proof affidavit and exhibits B1 to B7 marked on the side of opposite party.

    

3. Complainant is aggrieved by the issuance of penal bill for an amount of Rs.13,500/-Exhibit B4 is the disputed bill. Complainant admits unauthorised use of electricity. But is aggrieved by the fact that, Section 126 of the Electricity Act 2003 dealing with unauthorized use of electricity is not followed by the opposite parties. As per the provisions, final order of assessment can be passed only after serving a provisional order to the consumer and giving reasonable opportunity to file objection

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and hearing. On perusing the documents, it can be seen that Ext B4 bill imposing penalty was issued the very next day after inspection. In any case if there is an unauthorised use of electricity, the same can be dealt only in accordance with law and Sec.126 specifically lays down the procedure. On perusing the evidence on record it can be see that the opposite parties has not complied the said mandatory provisions. Non compliance of these mandatory provisions vitiates Ext B4 bill. Further as per Ext B2 the meter reading register, it is seen that the metre is continously faulty on five consecutive occassions of taking reading. Opposite party has not taken any steps to rectify the same and now the opposite party cannot hand over the liability upon the complainant for the defective metre. The contention of the Opposite party that as the complainant accepted the bills and prayed for installment facility, estopped him from challenging the penal bill cannot be accepted at all. Any ordinary man under the threat of disconnection will act in the same way only.

In the result, we allow the complaint. Disputed bill shall stand cancelled. Opposite parties are directed to adjust the said amount towards future bills. No order as to cost.

Pronounced on this the 22^nd day of January 2009

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

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APPENDIX

Exhibits marked on the side of the complainant

1. Ext A1 – Bill of KSEB dated 07.02.2007 for Rs.7,000/-

2. Ext. A2 – Receipt No.65020702070197 dated 07/02/2007 for Rs.6,500/-

Exhibits marked on the side of Opposite party

1. Ext B1 – Site Mahassar

2. Ext B2 – Copy of Meter Reading Register of KSEB

3. Ext B3 – Invoice of KSEB dated 26.03.2007 of KSEB

4. Ext B4 – Copy of Notice of KSEB issued to Kamarudheen

5. Ext B5 – Letter from Kamarudheen to Asst Engineer, Kozhijampara KSEB

Forwarded/By Order

Senior Superintendent