Date: 31-03-2009
The complainant in this case is the proprietor, P. Brojen Singh of P. Bihari Singh and Son mechanized Brick Firm. The complainant’s case in brief is that the said factory was registered on 16-12-2004 for manufacturing of Bricks located at wangjing Sabal Checkon Leikai within Thoubal District, Manipur. A license for the same was also issued for empowering installating of Motor Power capacity for not more than 15 H.P. Vide Annexure-1 and as such the working of manufacturing brick field started from the early part of 2005.
For running such factory, the complainant also applied to the Electricity Dept. Govt. of Manipur for supply of power. Accordingly the Govt. of Manipur Electricity Dept., Thoubal Divn. Gave power connection under consumer No. 93/S1/KHBCH and installed by the complainant in this factory.
The averages monthly charges for consumption of power used to be about Rs. 2,500/- and Annexure-A/2 and A/3 are the copies of the Electricity bill furnished by the complainant.
The Electricity transformer which supplies powers to the complainant’s factory is located near the complainant’s house and its maximum power is 50Kw.
The complainant has been paying his electric bills at the average rate of Rs. 2,500/-per month and he has paid his electric charges up to the month of June 2007. Thereafter in the last part of 2007, the complainant was informed by the staff of the Electricity department, Thoubal Divn. That he will be billed for the total charges for the whole power supplied through the aforesaid Transformer and accordingly the Dept. furnished electricity bill amounting to Rs. 1, 22, 493/- for the period of 5 months.
The complainant requested to the Executive Engineer, Thoubal Division to verify and check the actual consumption of power by the complainant’s factory as the said bill of Rs. 1, 22, 493/- was considered exorbitant. The first request was made on 02-02-2008, but the Dept. instead of looking into the request rather furnished another bill of Rs. 2, 76, 108/- at the rate of Rs. 19, 950/- per month. The 2nd bill include the earlier amount and seems to be for the period between July to August 2008.
The complainant made strong protest against such exorbitant billing to the concerned Electricity Dept., Thoubal Division, Manipur but the said protest was no avail rather the official of the said Department threatened the complainant that if the aforesaid bill was not cleared his power supply will be disconnected and as a follow of action for the same, the staff of the Electricity Dept. came to the complainant’s factory side and attempted to disconnect the power supply. However in the strong protest made by the complainant the said staff went back with the treat that unless the said bills was cleared within a week the complainant’s power supply will be disconnected. Hence the present complaint was filed to verify actual consumption power by the complainant’s factory and correct the electric charges by billing him accordingly.
For the Electricity Dept. Thoubal Division, Manipur was represented by its Executive Engineer, Thoubal Divn. And Assistant Engineer, Thoubal Divn. Denying most of the allegations of the complainant. The allegations of the respondent/O.P. are that the complainant was given the said consumer number having a load of 11 KW for running one wood-saw-mill owned and run by the complainant in the name of his father and not for complainant’s factory i. e. Brick Field.
It is also the case of the respondents/O. P. that the complainant installed a 63 KVA Transformer at his factory premises at Wangjing Sabal Leikai without any approval or permission of the Department concerned. The said installation of transformer was made without any joint assessment of load and violation of the rules and regulations provided therefore for allegedly getting supply of 11 KW system and that the consumption of power by the complainant shall be treated as a large industrial consumption having requirement of the total capacity of the said transformer i. e. 63 KVA. It is also the case of the respondents that the said factory of the complainant as it is run with the capacity of power of transformer having requirement of 50 KW load and accordingly be charged as per tariff rate for such consumer. To substantiate such allegations the respondents filed a copy of extra ordinary Manipur Gazette No. 150 dt. 15.08.2002 published by the Govt. of Manipur Secretariate, Power Dept. containing notification of the said tariff rate under heading large industry(Load of 50 KW) and above as Annexure-R/1.
The Respondents further case was that payment of Rs. 2,500/- per month for power consumption by the complainant is meant for 11 KW and not 50 KW as such the complainant is to pay bill according to Govt. notification mentioned above for large industry.
Heard the argument of both Ld. Counsel of the parties and perused the records and documents produced by the parties.
The disputes of the said parties are considered that effective and proper decision will not be reached on the basis of the said documents produced on behalf of the parties as the same are not sufficient in deciding the dispute which required examination of proper evidences and expert opinions which are totally lacking in the present case.
None of the parties has attempted to produce further evidence so that to substantiate their cases. Further in deciding the cases of the parties it will not be possible within such short period as provided under the rules because of the complex of facts and laws involved.
We therefore, of the view and hold that it will be better for the complainant to seek redressal of his grievances in the civil court and advised so. Hence the case is dispose of to this extent.
