CC Filed on 07.01.2009<br /> Disposed on 25.08.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 25th day of August 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 02/2009<br /> <br /> Between:<br /> <br /> <br /> B.C. Sonne Gowda,<br /> S/o. Channappa,<br /> Aged about 54 years,<br /> R/at Yeldur Village and Hobli,<br /> Srinivasapur Taluk, <br /> Now R/at Murali Layout,<br /> P.C. Extension, <br /> Kolar.<br /> <br /> <br /> (By Advocate Sri. C.M. Niranjana Swamy)<br /> <br /> <br /> <br /> V/S<br /> <br /> <br /> 1. The Executive Engineer (Ele),<br /> C, O & M Division, BESCOM,<br /> Kolar – 563 101.<br /> <br /> <br /> <br /> 2. The Asst. Executive Engineer Ele,<br /> BESCOM Vigilance,<br /> Kolar – 563 101.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> 3. The Asst. Executive Engineer Ele,<br /> Srinivasapur Sub-Division,<br /> Srinivasapur.<br /> <br /> <br /> (By Advocate Sri. K.N. Nagaraja & others)<br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties not to disconnect electricity supply to complainant’s poultry farm and I.P. set and for quashing the demand notices claiming back billing charges of Rs.20,298/- and of Rs.69,169/- and Rs.4,620/- dated 03.01.2008, 30.10.2008 and 30.10.2008 respectively. <br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is the proprietor of Sri Sai Maruti Farm situated at Sy. No. 42, 45, 45/3 and 46 of Yeldur Village and Hobli, Srinivasapur Taluk. That the complainant is also cultivating the remaining portion in the above said Sy. numbers. The complainant has two bore wells in the said lands. One bore well is used exclusively for agricultural purpose and the other bore well is exclusively meant for supply of water to poultry farm. Both bore wells are connected with electricity supply. There is no meter for the bore well that is being used for agricultural purpose and the complainant need not pay any electricity charges for the use of that bore well. Electricity connection was given to this bore well for agricultural purpose vide R.R. No. YD1400 serviced on 31.07.2006 and the sanctioned power is 10 H.P. In respect of other bore well meant for poultry farm and for lighting and heating purpose of poultry farm the electricity connection was given through meter vide R.R. No. YP 115 serviced on 13.03.2008 and the sanctioned power for it is 33 H.P.<br /> <br /> It is alleged that the OP.2 issued demand notices for back billing charges as stated above and the said demand notices are illegal and the complainant has not contravened any of the terms and conditions of supply of electricity. He also alleged that there is threat of disconnection for non-payment of the back billing charges. Therefore he prayed for the above reliefs against the OPs.<br /> <br /> 3. The OPs appeared and filed common version. It is admitted that service for electricity was given on 31.07.2006 for the bore well being used for agricultural purpose under R.R. No. YD 1400 and further it admitted service for electricity was given on 13.03.2008 under R.R. No. YP 115 for the bore well meant for poultry farm and for heating and lighting purpose of poultry farm. It is admitted that in respect of electricity supplied for the above bore well for irrigation purpose is free of charge and the complainant has promptly paid the monthly bills issued in respect of R.R. No. YP 115 relating to poultry farm. The OPs contended that on inspection by the Assistant Executive Engineer (Ele.) BESCOM Vigilance, Kolar on 03.01.2008 it was found that the water drawn from the bore well kept for irrigation purpose was being used for the construction of poultry farm, thereby there was misuse of electricity power. Therefore a draft back billing demand notice for Rs.20,298/- was prepared by him and forwarded to OP.3 for taking further action.<br /> <br /> The OPs further contended that Assistant Executive Engineer (Ele.), BESCOM Vigilance, Kolar inspected the installations on 30.10.2008 and found that the maximum demand recorded in meter was 43.7 H.P. whereas the sanctioned rate was 33 H.P. in respect of R.R. No. YP 115. For this reason the Assistant Executive Engineer (Ele.), BESCOM Vigilance, Kolar prepared a draft back billing demand notice for Rs.4,620/- and forwarded the same to Assistant Executive Engineer (Ele.) Srinivasapur Sub-Division, BESCOM (OP.3) for further action.<br /> <br /> <br /> Further that on the same day i.e. 30.10.2008 on inspection by Assistant Executive Engineer (Ele.) BESCOM Vigilance, Kolar, it was found that the complainant was using water drawn from bore well kept for irrigation purpose, for commercial/industrial purpose by using the said water for poultry farm. Therefore he prepared a draft back billing demand notice for Rs.69,169/- for this contravention and sent it to OP.3 for further action. It is alleged that the complainant has failed to pay the back billing charges as stated above and the installations are liable for disconnection. <br /> <br /> 4. The parties filed affidavits and the documents. We heard the Learned Counsel for the parties. <br /> <br /> 5. The following points arise for our consideration in this case are:<br /> <br /> 1. Whether the complainant has proved deficiency in <br /> service by OPs? <br /> <br /> 2. To what order?<br /> <br /> <br /> 6. After considering the records and submissions of parties our findings are as follows:<br /> Point No.1: Section 126 of the Electricity Act 2003 provides the procedure for making assessment in respect of unauthorized use of electricity. Almost similar provision is made in Clause 42.07 of the Conditions of Supply of Electricity of the Distribution Licensees in the State of Karnataka for making assessment in respect of prejudicial use of electricity. <br /> <br /> In the present case, it appears the said procedure has not at all been followed by OPs. Even they do not claim that any one of the procedures prescribed either under Section 126 of the Act or Clause 42.07 of the Conditions of Supply was followed. The vigilance squad made the inspection on different dates and found certain irregularities and prepared draft back billing demand notices and sent them to OP.3, who was the assessing authority. It appears OP.3-assessing authority has not at all assessed the back billing after following the due procedure. Therefore we hold that the draft demand bills for back billing prepared by Assistant Executive Engineer (Ele.) BESCOM Vigilance, Kolar addressed to OP.3 cannot be made the basis for claiming back billing charges from complainant. It appears the OPs are under the impression that this draft back billing charges arrived at by the vigilance squad can be made the basis for demanding the back billing charges. That view appears to be clearly wrong. On the basis of such back billing demand notices, the OPs cannot demand the amount from complainant. Therefore we hold point No.1 in affirmative.<br /> <br /> Point No.2: It is found that there is no valid back billing assessment made by competent authority. Therefore the complainant is entitled to succeed in the present proceedings. Hence Point No.2 is held accordingly.<br /> <br /> 7. For the above reasons we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. The purported back billing demand notices do not create any liability on complainant to pay the back billing charges stated in them. The OPs are at liberty to proceed with assessment of back billing in accordance with law. The OPs shall not disconnect the electricity supply to R.R. No. YD 1400 and R.R. No. YP 115 of complainant. The parties shall bear their own costs. <br /> <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 25th day of August 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />