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 President of Udaya Vayanasala registered as per the Kerala Public Libraries Act 1989. The library building is having an electricity connection in consumer No.16146 under the tariff LT 1B from 2006 onwards. The Complainant is issued a provisional bill for an amount of Rs.17,304/- the reason stated is a shortage of revenue collection due to wrong assignment of tariff for a period of January 2006 to January 2010. The Complainant prefered an appeal before the higher official in electricity but it was not considered instead the connection to the library was disconnected even without issuing the final bill or hearing the Complainant. The claim of

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the Opposite Party towards the revenue shortage on to the negligence and carelessness of the Opposite Party is absolutely a deficiency in service. The unexpected disconnection without hearing the Complainant caused heavy loss and in short it became a set back to the smooth functioning of the library. There may be an order directing the Opposite Party to:-

1. Reinstate the electric connection already detached.

2. The additional bill of Rs.17,304/- issued to the Complainant is to be directed to be withdrawn.

3. Towards compensation and cost of Rs.55,000/- is to be granted.

2. The Opposite Party filed version in short it is as follows:- The electric connection in consumer No.16146 is registered in the name of President Udaya Vayanasala Kalloor. The connection supplied to the building No.EP 7118 F which includes Library, Reading room and room for Social and Cultural Activities. The assigned tariff in the consumer numbers is LT 1B and the bill amount were regularly paid by the consumer. The amount in due the claimed by Electricity Board due to short assessment can be realized vide the provision of law. The amount demanded in the bill is Rs.17,304/- to recover the due amount caused due to the shortage of the amount in the bill already issued. The Complainant filed is having no merit, under charged amount is to be rectified for which the bill was issued to the Complainant. The complaint is to be dismissed with cost.

3. The points in consideration are:-

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

2. Relief and cost.

4. Points No.1 and 2:- The evidence in this case consists of the oral testimony of Complainant and Opposite Party. Exts.A1, A2, X1, B1 and B2 are the documents produced. The Complainant is issued a bill of short assessment due to the wrong application of tariff in connection to the library premises which was in tariff LT 1B. On inspection it was found that the tariff assigned to the library is mistaken and a bill for Rs.17,304/- for the short assessment was issued to the Complainant. On perusal of the documents produced it is seen that the Opposite Party issued the bill dated 20.01.2010 to the Complainant for the payment of Rs.17,304/-. The bill is issued for arrears of the electricity charge resulted due to wrong application of the tariff. It is also seen that the Complainant is a payee of electricity bill in time without making it default. It is also admitted by the Opposite Party that the assignment of tariff in 1B was wrongly done and it was due to the over-sight of the officer concerned who assessed the tariff. How ever the Complainant was given a bill to remit bill amount in lumpsum resulted due to the wrong application of tariff the bill No. BB/AG/ADT/09-10/38 dated 20.1.2010 issued to the consumer No. 16146 is cannot be considered. The demand of the Opposite Party for the sum of Rs.17,304/- for a period of 4 years starting from the date of supply is against the provisions empowered by act. The Opposite Party is directed to cancel the bill dated 20.01.2010 issued to the consumer No.16146 of Rs.17,304/- and a fresh bill for a period of 2 years prior to 20.01.2010 is to be issued to the Complainant. The Opposite Party is also empowered to assign the actual tariff. The Opposite Party has to reconnect the supply of energy to the Complainant within 7 days from the date of remittance of the amount in the bill issued to the Complainant afresh for a period of 2 years.

In the result, the complaint is partly allowed. The bill dated 20.01.2010 No.BB/AG/ADT/09-10/38 issued to the Consumer No.16146 is quashed and the Opposite Party is directed to issue a bill in 7C tariff to the Complainant for a period of 2 years prior to the date of bill 20.01.2010 and the Opposite Parties further directed to reconnect the supply of energy to the consumer within 7 days from the remittance of the amount as such demanded by the Opposite Party. There is no order as to cost and compensation, this is to be complied within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 31^st July 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. M.K. George. Complainant.

Witness for the Opposite Parties:

OPW1. Sivarajan Asst. Executive Engineer.

Exhibits for the Complainant:

A1. Copy of Certificate of Affiliation. dt:22.06.1998.

A2. Demand and Disconnection Notice. dt:20.01.2010.

Exhibits for the Opposite Parties:

B1. Copy of Letter.

B2. Copy of Letter. dt:01.03.2010.

X1 series (19 sheet) Copy of Service Connection Application Form dt:25.04.2005.