DATE OF FILING : 18.2.2016
IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 31st day of January, 2017
Present :
SRI. S. GOPAKUMAR PRESIDENT
SRI. BENNY. K. MEMBER
CC NO.60/2016
Between
Complainant : Anish Mathew,
Elamthanathu House,
Karimkunnam P.O.,
Idukki.
(By Adv: K.M. Sanu)
And
Opposite Parties : 1. The Assistant Engineer,
KSEB Electrical Section No.1,
Thodupuzha P.O.,
Idukki.
2. The Executive Engineer,
KSEB Electrical Section No.1,
Thodupuzha P.O.,
Idukki.
3. The Secretary,
KSEB, Vydyuthi Bhavan,
Pattam P.O.,
Thiruvananthapuram.
(All by Adv: Lissy M.M.)
O R D E R
SRI. S. GOPAKUMAR (PRESIDENT)
The case of the complainant is that,
Complainant is conducting a Samsung Smart Cafe in a rented room owned by one Kumar, Eravathuvaryam, Thodupuzha. He started business in this shop room in the month of December, 2015. In this room, an electrical connection was installed as consumer No.1156184032077. The complainant further stated that as per the rent agreement, the complainant is bound to pay the electricity charges till the surrender of the shop room. From the month of December 2013, every bimonthly reading was taken by
(cont.....2)
- 2 -
authorised person of opposite parties and the complainant remitted all electricity charges without any default. On 4.3.2015, the opposite parties issued an additional bill for an amount of Rs.50589/-. This bill is having no detailed explanation or detailed calculation. Moreover, in the month of July, 2015, opposite parties demanded an amount of ₹30000 as fixed charges on the pretext that the average monthly consumption is calculated as ₹10000. Hence the complainant has to pay its 3 times amount as additional security deposit.
The complainant is not in a position to remit the amount in lump sum. Hence he approached the opposite parties and requested for remitting the bill amount in instalments. Hence the opposite party allowed to remit the amount in both bills in 10 instalments. The complainant remitted 7 instalments in additional bill and one instalment in additional security deposit. While so, on 4.2.2016, the opposite party issued a notice to the complainant demanding the balance instalments which comes to an amount of ₹14429 in the additional bill and ₹18443 in balance additional cash deposit, within 15 days from the receipt of notice, otherwise they will be initiated further proceedings for disconnecting the electric supply.
The complainant further stated that the bills, alleged above were issued by the opposite parties are illegal and having no clarification. It is the primary duty of the opposite parties to issue bills in proper way by calculating the consumption. The version of the opposite party that it is due to the defect in calculating actual consumption is having no legal footing. Opposite parties having no right to realise any amount from the complainant for the fault committed by their employees and it is not justifiable to demand a huge amount in lump sum on the basis of arrears for the last somany years. The opposite parties are legally bound only to realise the arrears for the last 6 months. The act of the opposite parties are sheer deficiency in service and unfair trade practice. Hence the complainant filed this petition for directing the opposite parties to cancel the alleged bill and refund the amount which is realised from the complainant illegally and also direct them to pay an amount of ₹25000 as compensation and ₹4000 as litigation cost.
(cont.....3)
- 3 -
On notice, opposite parties entered appearance and filed detailed written version. In their version, opposite parties contended that the complainant is not a registered consumer of opposite parties, hence this complaint is not maintainable. Moreover, the complainant is not executed any service connection agreement with the KSEB. The consumer number in question is a 3 phase electric connection under LT VIIA tariff and registered in favour of one Kumar, the landlord. As a part of supplying electricity, time of day (TOD) meter was installed here on 17.12.2013 and the meter is having 3 zone reading. Unfortunately, the newly appointed meter reader who was not acquainted with the TOD meter, taken into account the reading of zone 1 only for the period from 12/13 to 1/15. On shuffling the meter reader, mistake was realised and the regular bill for 3/15 amounts to ₹50537 was issued to the complainant including the short assessment of the above period.
Opposite parties further averred that the rise in consumption after rectifying the mistake in recording meter reading is evident that the meter reader omitted to record the correct reading upto 1/15 Opposite party added that as per the request of the consumer, installment facility was given to him by the 2nd opposite party. At the time of filing the request for installment for payment of arrears, the consumer has not made any objection for the bill. He admitted his liability to pay the same and sought time for payment. It is also to be noted that when installment facility is given, it is also specifically stated that if the installments are not paid as contracted, the service will be disconnected without further notice and the remaining installments will be deemed to be cancelled. Instead of remitting the balance amount, the complainant approached this Forum to escape from the liability of remitting the deemed arrears. Hence there is no deficiency from the part of opposite parties.
Both parties filed affidavit and documents. The complainant was examined as PW1. Exts.P1 to P4 marked. Ext.P1 is the notice dated 4.2.2016. Ext.P2 is the bill dated 4.3.2015 for an amount of Rs.50589/-. Ext.P3 is copy of order dated 26.3.2015. Ext.P4 is demand notice dated 1.7.2015. From the defence side, 1st opposite party examined as DW1 and
Exts.R1 to R6 marked. Ext.R1 is computer print out of the consumption (cont.....4)
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details of the alleged consumer number. Ext.R2 is copy of bill dated 4.3.2015. Ext.R3 is the copy of written request of the consumer. Ext.R4 is the copy of installment plan. Ext.R5 is the copy of request. Ext.R6 is copy of installment plan.
Heard both sides.
The point that arose for consideration is (1) whether there is any deficiency in service from the part of opposite party ? (2) for what relief the complainant is entitled to ?
The POINT:- We have carefully considered the matter and perused the records. By going through exhibits, we can see that electric connection is sanction and installed in the name of one Kumar, none other than the landlord of the alleged building. Each and every notice issued by the opposite party was in his favour. It is an admitted fact that after convincing the matter regarding arrears, the consumer approached the opposite party and submitted Exts.R3 and R5 request for granting installments in payment of consumption arrears and additional caution deposit. Exts.R5 and R6 are the arrears issued by the opposite party in favour of the consumer on the basis of the above said request. At this juncture, it is pertinent to note that, the registered consumer had admitted his liability of paying current charges and remitted 7 installments and one installment in additional caution deposit without any objection. The consumer had paid an amount of Rs.36,108/- out of the bill amount of Rs.50589/-.
It is also to be noted that the complainant did not challenged any of the document produced by the opposite parties as exhibits. It is obvious that after a rethinking, the complainant approached this Forum challenging veracity of the Ext.P2 bill.
By going through the averments in the written version, the Forum convinced that opposite parties acted bonafidely on the basis of relevant provisions of Kerala State Electricity Supply Code, 2014. Hence on the (cont.....5)
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basis of above said discussion, the Forum is of a considered view that no deficiency in service is proved against the opposite parties by the complainant with clear and cogent evidence. Hence the complaint dismissed with a direction to the complainant to pay the entire dues in six equal monthly installments, without any penal charges, from the date of receipt of a copy of this order.
Pronounced in the Open Forum on this the 31st day of January, 2017
Sd/-
SRI. S. GOPAKUMAR, PRESIDENT
Sd/-
SRI. BENNY. K., MEMBER
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Anish Mathew.
On the side of the Opposite Party :
DW1 - Shajida V.A.
Exhibits :
On the side of the Complainant :
Ext.P1 - notice dated 4.2.2016.
Ext.P2 - bill dated 4.3.2015 for an amount of Rs.50589/-.
Ext.P3 - copy of order dated 26.3.2015.
Ext.P4 - demand notice dated 1.7.2015.
On the side of the Opposite Party :
Ext.R1 - computer print out of the consumption details of
the alleged consumer number.
Ext.R2 - copy of bill dated 4.3.2015.
Ext.R3 - copy of written request of the consumer.
Ext.R4 - copy of installment plan.
Ext.R5 - copy of request.
Ext.R6 - copy of installment plan.
