By Smt. Saji Mathew, Member.
 

The gist of the case is as follows.
 

The Complainant is the consumer of connection No.9738, which is a domestic connection. The registered owner of this connection is Mr. Mathew, Chirayil House from whom the Complainant purchased the house.

2. On 30.8.2008 the Regional Audit Officer of the Opposite Party along with Sub Engineer came to the premises of the connection and gave a notice stating that the complainant is using the premises as the office of the mill. The Opposite Party issued a bill for Rs.9,091/- on 29.9.2008. The Complainant in using the connection exclusively for domestic purpose.  The Opposite Party has issued the bill under LT VIIA tariff without any reason. This is deficiency in service on the part of the Opposite party. Therefore, the Complainant prays for an order quashing the bill for Rs. 9,091/- and directing the Opposite Party to pay a compensation of Rs.15,000/-.

3. The Opposite Parties appeared and filed version. They state that the Complainant is not a consumer as far as connection No.9738 concerned. The disputed bill is issued to one Mathew, Chirayil House, Thazhe Arappetta, Meppadi, who is the registered owner of connection No.9738. If the Complainant has purchased the above said premises, he should have intimated the same to the Opposite Party and should have get it registered in his name. The Complainant has not done so.

4. It is true that the Regional Audit Officer of K.S.E.B along with the Sub Engineer of Electrical Major Section, Meppady has inspected the premises of the electrical connection No.9738. The connection was given for domestic purpose. But at the time of inspection it was seen that a part of the premises is used as the Office of a saw mill. This is without the knowledge and permission of the K.S.E.B. So this is misuse of tariff and a penal bill for Rs.9,091 was issued to the Complainant as per Section 126 of the Electricity Act 2003. All the facts noticed at the time of inspection were recorded in the site mahazar and the Complainant has signed it acknowledging the statements made therein. The disputed bill was issued as per rules and there is no deficiency in service on the part of the Opposite Party. Hence the Opposite Party prays for an order dismissing the complaint.
 

5. Complainant was examined as PW1 and documents were marked as Ext.A1 to A4.   Opposite Party was examined as OPW1 the document was marked as Ext.B1 on the side of the Opposite Party.

6. The matters to be considered as follows.

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

2. Whether the Complainant is entitled for any relief?

7. Point No.1:- The site Mahazar (Ext.B1) states that the premises of connection No.9738 is partially used as the office of a saw mill. Ext.B1 does not mention about the particulars. No office staff or no office materials found at the time of inspection. Ext.B1 clearly states that the premises is used for residential purpose also. Even then the entire connection is

entirely charged twice under VII A tariff as penal charge for misuse of tariff. Ext.A4 shows that there is separate office for the saw mill. As per Ext.A4, the saw mill and its office is purchased by the Complainant in the year 1996. Ext.A3 shows that the building in dispute is purchased by the Complainant in 2003. This shows that the mill and its office are separate from the disputed premises and electric connection. Therefore, the point No.1 is found against the Opposite Party.

8. Point No.2:- Since the disputed bill Ext.A2 is found issued without any basis or reason, the Complainant is entitled to get it quashed.  Hence the bill dated 29.9.2008 for Rs.9,091/- (Rupees Nine thousand and Ninety One only) is quashed. No order as to cost or compensation.

Pronounced in open Forum on this the day of 29^th August 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Jose Varghese, Complainant.

Witnesses for the Opposite Parties:

OPW1. Arun P.S. Asst. Engineer, Meppadi.

Exhibits for the Complainant:

A1. Letter.

A2. Bill. dt:29.09.2008.

A3. Copy of Sale Deed. dt:30.3.2005.

A4. Copy of Sale Deed. dt:05.12.1996.

Exhibits for the Opposite Parties:

B1. Copy Site Mahazar. dt:30.08.2008.