CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Sri. K.N. Radhakrishnan, Member
CC No 42/11
Tuesday the 21st day of February, 2012
Petitioner : Joy Kottathil,
Kottathil House,
Arumannoor PO,
Ayarkunnam.
(Adv. Lini Thomas.K)
Vs.
Opposite party : Kerala State Electricty Board,
Vydhuthi Bhavan,
Thiruvananthapuram,
Rep.by its Secretary.
2) Asst.Executive Engineer,
Kerala State Electricity Board,
Ayarkunnam.
ORDER
Sri. Santhosh Kesavanath P. President
Case of the petitioner filed, on 14/2/11 is as follows:
Petitioner is a consumer of opposite party with vide consumer No.7068. According to petitioner average bill for monthly electrical consumption of the petitioner will come to Rs.200/-. On 25/1/11 opposite party issued a bill for Rs.4965/-. According to petitioner said bill is issued without any legal basis and amounts to deficiency in service. Hence this petition.
Opposite party filed version contenting that petition is not maintainable. According to the opposite party it is true that average bimonthly consumption of the petitioner will come to 30 to 60 KW. Bill issued on 25/1/11 is for bimonthly consumption for a period from 15/11/10 to 25/1/11. On 6/12/10 faulty meter installed in the premises of consumer No.7068 was replaced and a new meter installed. According to opposite party there is no fault for newly installed meter and is functioning proper. Disputed bill is issued for the actual consumption of energy. Opposite party prays for dismissal of petition.
Points for determinations are:
i) Whether there is any deficiency in service on the part of opposite party?
ii) Reliefs and costs?
Evidence in this case consists of affidavit filed by both parties and Ext.A1 and A2 document on the side of the petitioner and Ext.B1 and B2 document on the side of the opposite party.
Point No.1
Crux of the case of petitioner is that bill issued on 25/1/11 for Rs.4965/- is without any basis and is liable to be cancelled. According to the petitioner average bill amount of the petitioner will come to Rs.200/-. Admittedly there is no dispute with regard to the meter installed at the premises of the petitioner. In our view opposite party supplied 601 unit of electrical energy from their system. So issuance of a bill for the supplied energy will not amount to deficiency in service. Taking lenient view we allowed the petitioner to remit the disputed bill amount of Rs.4965/- in 5 equal monthly installments. So point no.1 is found accordingly.
Point No.2
In the result, petition is allowed in part. Petitioner is allowed to pay the disputed bill amount without any interest or penal charges in 5 equal monthly installments. Petition is disposed with aforesaid direction. Considering the fact and circumstances of the case no cost and compensation is ordered. Petitioner is directed to remit the 1st installment on 1/3/12.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 21st day of February, 2012.
Sri. Santhosh Kesavanath P. President Sd/-
Sri. K.N. Radhakrishnan, Member Sd/-
Appendix
Documents of the petitioner
Ext.A1-bill dtd 25/1/11
Ext.A2-Bill dtd 25/3/11
Documents of the opposite party
Ext.B1-Meter readings register
Ext.B2-Meter changing register
By Order,
Senior Superintendent.
