O R D E R<br /> <br /> Sri. Jacob Stephen (President):<br /> <br /> The complainant Sri. Mathews. P. Thomas has filed this complaint against the opposite parties for getting a relief from the Forum. <br /> <br /> 2. The facts stated in the complaint are the following:- The complainant had purchased a residential building and the land attached to the said building at Omalloor village. The complainant mutated the above said property in his name and he is paying the land tax. There is an electric connection in the said residential building with Con.No.8332 and it was in the name of the prior titleholder. After the purchase of the house, the complainant made an application to the 1st opposite party to transfer the connection in the name of the complainant on 26.4.03. But the opposite party has not effected the transfer so far irrespective of his repeated requests.<br /> <br /> 3. Apart from this, the 1st opposite party issued two spot bills to the complainant on 26.7.03 and on 25.9.03. The amount demanded in the 1st bill No.V0011 dated 26.7.03 is Rs.606/- and the amount demanded in bill No.V0033 dated 25.9.03 is Rs.1,016/-. According to the complainant, the above said bills are excess and the electric meter in the complainant’s premises is faulty and the bills were issued on the basis of the consumption seen in the faulty meter. Therefore he made complaint to the<br /> 1st opposite party for replacing a new meter. The consumption shown in the bills are 277 and 386 units respectively whereas the complainant’s usual consumption was only 50 units per month. But the opposite party has not cared to replace the faulty meter. The above said acts of the opposite parties are negligent and deficiency of service which caused heavy loss and hardships to the complainant. Therefore, the complainant is entitled to get the excess bills mentioned above revised in accordance with the usual consumption of the complainant, to get the faulty meter replaced and to get the transfer of ownership of the above said electric connection in the name of the complainant along with cost and compensation of Rs.1,0000/-. Hence this complaint is filed for getting the aforesaid reliefs from this Forum.<br /> <br /> 4. For the opposite parties, the 1st opposite party filed a version with the following main contentions:- This O.P is not maintainable either in law or on facts. They have admitted that they have received an application from the complainant for change of ownership. But the complainant has not complied the procedural formalities for the change of ownership. Without complying the procedural formalities, the opposite parties could not change the ownership and hence there is no deficiency of service from their part with regard to the change of ownership. The bills issued were proper and they have not charged any excess amount and the bills were less than the actual consumption. On getting the complaint regarding the meter, a parallel meter was immediately connected in series with the existing meter in order to establish the authenticity of the functioning of the meter alleged to be faulty. The test results during the period from 4.12.03 to 27.12.03 shows the existing meter recorded only 68 unit of consumption against 89 units recorded in the parallel meter. Similarly, the existing meter records only 28 units of consumption between the periods from 27.12.03 to 5.1.04 whereas the new meter shows 32 units. So it is clear that the consumption shown in the existing meter is less than that of the new meter. The existing meter was again subjected for testing by the Electrical Inspectors and found the meter is recording less consumption than the actual consumption. So the bills issued during the said periods pertain to less than the actual consumption of the petitioner. Therefore, they have not demanded any excess amount from the complainant. In the circumstances, they have not committed any deficiency of service and hence they prays for the dismissal of the complaint with cost.<br /> <br /> 5. The points for consideration in this complaint are the following:-<br /> (1) Whether the complaint is maintainable before this Forum?<br /> (2) Whether the complainant is entitled to get any relief as prayed <br /> for in the complaint?<br /> (3) Reliefs and Costs?<br /> <br /> 6. The evidence in this case consists of the oral evidence of the complainant who has been examined as PW1 and Exts.A1 to A11 were marked from the side of the complainant on the basis of the proof affidavit filed by the complainant. For the opposite parties, the 1st opposite party has been examined as PW1 and Ext.B1 marked. After closure of the evidence, both sides heard.<br /> <br /> 7. Point No.1:- The complainant is a consumer of the opposite party and the dispute herein is pertaining to the deficiency of service from the part of the opposite party. Therefore, this complaint is maintainable before this Forum.<br /> <br /> 8. Point Nos. 2 & 3:- The complainant’s case is that the opposite parties failed to effect the transfer of ownership in his name and the opposite parties issued excess electricity bills on the basis of the reading taken from a faulty meter and opposite parties failed to replace the faulty meter from his premises. In order to prove his case he has been examined as PW1 and the documents produced by him were marked as Exts.A1 to A11 on the basis of the proof affidavit filed by him. Ext.A1 and Ext.A1(a) are the building tax receipts issued by Omalloor Grama Panchayat in the name of the complainant. Ext.A2 is an interim receipt dated 26.4.03 issued by the 1st opposite party in favour of the complainant on account of A/F. Ext.A3 is the ownership certificate dated 28.8.03 issued by Omalloor Grama Panchayat in favour of the complainant with regard to building No.28 Ward No.III. Ext.A4, A4(a), A5, A5(a), A6, A6(a), A9 and A9(a) are the electricity bills and the cash receipts issued by the opposite parties in favour of the complainant from March 2003 to September 2003. Ext.A7 is the photocopy of an application dated 26.4.03 submitted by the complainant before the 1st opposite party for the transfer of ownership of his electric connection in his favour. Ext.A8 is the photocopy of an application-dated 31.7.03 submitted by the complainant before the 1st opposite party for replacing the faulty meter. Ext.A10 is the cash receipt dated 2.6.04 issued in favour of the complainant from C.D.R.F, Pathanamthitta. Ext.A11 is the test report dated 12.7.04 issued by the department of Electrical Inspectorate in respect of the testing of the complainant’s meter.<br /> <br /> 9. At the same time, the opposite parties contended that they have not changed the ownership in favour of the complainant because the complainant has not submitted the relevant documents required for this purpose. With regard to the excess bill their contention is that they have issued electricity bills on the basis of reading found on the existing meter and the reading found on the said meter was less than the reading found on the parallel meter connected there. So they have issued bills for the lesser consumption seen on the existing meter, and therefore the bills are not excess. In order to prove their contentions, the 1st opposite party was examined as DW1 and Ext.B1 is marked for their side. Ext.B1 is the certified copy of the meter reading register in respect of the complainant’s electric connection (Con.No.8332).<br /> <br /> 10. On a perusal of the exhibits, proof affidavits and depositions of the complainant and the opposite party it is clear that the complainant has not submitted relevant documents before the 1st opposite party for effecting the transfer of ownership in favour of the complainant. In the deposition, the complainant stated that he had submitted the relevant documents as demanded by the 1st opposite party for effecting the transfer of ownership. But he has failed to prove before this Forum that he had submitted the relevant documents before the 1st opposite party. It is pertinent to note that ownership certificate issued from the Grama Panchayat is an important document required under law for effecting the transfer of ownership. Such a certificate is produced in this case and it is marked as Ext.A3. It is obtained by the complainant on 28.8.03 and it was not produced before the 1st opposite party. The certificate was obtained for the purpose of obtaining electrification. This means that this certificate was obtained for the purpose of submitting before the 1st opposite party. But it was not so far submitted. In the circumstances, how can this Forum believe the words of the complainant that he had submitted the relevant documents before the 1st opposite party. So we are constrained to accept the contention of the opposite party that they have not transferred the ownership, as the complainant has not complied the procedural formalities for effecting transfer of ownership.<br /> <br /> 11. With regard to the allegation of excess electricity bills, the complainant’s allegation is that the existing meter was faulty and the opposite party has issued the electricity bills in accordance with the reading seen in the said faulty meter. The opposite parties are denying this allegation by saying that the reading seen on the existing meter was less than the actual consumption when compared to the readings seen on the parallel meter. This shows that the opposite parties are admitting that the meter was faulty. Ext.A11 the test report, in the remark column, it is stated that the “digits of the counter are not in a readable position” and the alignment of the digits of the counter is not proper, when the meter was received at the testing laboratory. But as per Ext.B1, the true copy of the meter reading register, periodical readings were clearly recorded. If the digits of the counter are not in a readable position and the alignment of the digits of the counter is not proper then how the meter reader found the readings, which is seen in Ext.B1. So the entries in Ext.B1 are not correct with regard to the relevant period. So the readings recorded in the meter reading register and the bills issued on the basis of the said reading are not correct and hence the contentions of the opposite parties are not sustainable and the disputed two bills are not proper and liable to be set aside. Thus the deficiency in service from the part of the opposite parties by not issuing proper bills has been proved by the complainant. Therefore, an order can be passed in favour of the complainant with regard to the 2 excess electricity bills, which is the subject matter of this complaint. The complainant is also entitled to get reasonable compensation and cost from the opposite parties, for their deficiency of service. <br /> <br /> 12. In the result, this O.P is partly allowed thereby Exts.A5 and A6 bills are set aside and the opposite parties are directed to issue fresh bills on the basis of the complainant’s average consumption for 6 months prior to the issuance of Ext. A5 bill. 1st opposite party is also directed to remove the faulty meter if not removed so far and to transfer the ownership in favour of the complainant as per rules. The complainant is allowed to realize an amount of Rs.1,000/- (Rupees One thousand only) as compensation and Rs.500/- (Rupees Five hundred only) as cost of this proceedings from the opposite parties. Out of the amount remitted by the complainant before this Forum, an amount of Rs.1,500/- is to be released to the complainant as compensation and cost awarded in his favour and the balance is to be released to the opposite parties. Opposite parties are at liberty to adjust the excess amounts collected vide Exts.A5 and Ext.A6 bills in the future bills of the complainant.<br /> <br /> Declared in the Open Forum on this the 7th day of October, 2008.<br /> (Sd/-)<br /> Jacob Stephen,<br /> President.<br /> Smt. C. Lathika Bhai (Member) : (Sd/-)<br /> Sri. N. Premkumar (Member) : (Sd/-)<br /> <br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : Mathews. P. Thomas<br /> Exhibits marked on the side of the complainant:<br /> A1, A1(a) : Building Tax receipts dated 27.11.2004 and 4.12.2006 issued by Omalloor Grama Panchayat to the complainant.<br /> A2 : Interim receipt dated 26.4.03 issued by the 1st opposite party to the<br /> complainant.<br /> A3 : Ownership Certificate dated 28.3.03 issued by Omalloor Grama Panchayat to the complainant.<br /> A4 : Elec tricity bill dated 25.3.03 for Rs.156/- issued by the opposite party<br /> to the complainant. <br /> A4(a) : Receipt of Exts.A4.<br /> A5 : Electricity bill dated 27.7.03 for Rs.606/- issued by the opposite party<br /> to the complainant.<br /> A5(a) : Receipt of Exts.A5.<br /> <br /> <br /> A6: Elec tricity bill dated 25.9.03 for Rs.1016/- issued by the opposite party<br /> to the complainant.<br /> A6(a): Receipt of Exts.A5.<br /> A7: Photocopy of the complaint dated 26.4.03 submitted by the complainant <br /> before the 1st opposite party. <br /> A8 : Photocopy of the complaint dated 31.7.03 submitted by the complainant before the 1st opposite party.<br /> A9 : Elec tricity bill dated 26.5.03 for Rs.221/- issued by the opposite party<br /> to the complainant<br /> A9(a) : Receipt of Ext.A9<br /> A10 : Acknowledgement for receipt of money dated 2.6.04 issued by C.D.R.F, Pathanamthitta to the complainant.<br /> A11 : Test Report dated 12.7.04 issued by the Department of Electrical <br /> Inspectorate, Meter Testing & Standards Laboratory, Thiruvananthapuram to the complainant.<br /> Witness examined on the side of the opposite parties: Nil.<br /> Exhibits marked on the side of the opposite parties:<br /> B1 Photocopy of the Meter Reading Register (Two Pages).<br /> <br /> (By Order)<br /> <br /> <br /> Senior Superintendent.<br />