DATE OF FILING :18.08.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of December, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.180/2010

Between

Complainant : T.S.Babu,

Thazhathuveettil House,

Nayarupara P.O,

Idukki,

Idukki District.

(By Adv: Biju Vasudevan)

And

Opposite Parties : 1. The Secretary,

Kerala State Electricity Board,

Vydhyudhi Bhavan,

Pattom P.O, Thiruvananthapuram.

2. The Assistant Engineer,

Kerala State Electricity Board,

Electrical Section,

Idukki Colony P.O,

Cheruthony, Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant is a consumer of the opposite party as Consumer No.21996. The energy meter of the complainant’s electric connection was became default in the month of September 2009. The complainant filed several complaints to the opposite party and also recorded in the complaint book kept in the opposite party’s office. The complainant is regularly consuming electrical energy for 3 bulbs and a TV from 14.12.2009 onwards. But the opposite party issued a bill for Rs.1,060/- to the complainant and it was duly paid by him. Again a hike bill was issued by the opposite party and it was also paid by the complainant. The electric connection of the complainant’s residence was disconnected by the opposite party on 8.06.2010 and the matter was informed to the opposite party by the complainant. The opposite party changed the energy meter on 15.06.2010. Again a bill for Rs.416/- was issued to the complainant on 15.06.2010. The complainant filed application stating that hike amount paid by the complainant should be adjusted in the future bills of the opposite party. But it was not responded by the opposite party. Again on 17.06.2010 a lawyer notice was issued by the complainant, it was duly received by the opposite party. A bill was issued on 16.08.2010 for an amount of Rs.491/- and the opposite party tried to disconnect the electric connection of the complainant. So this petition is filed for adjusting the amount paid by the complainant in the future bills of the electrical energy and also such other reliefs.
 

2. As per the written version filed by the opposite party, it is admitted that the bill issued to the complainant for Rs.1,060/- was duly paid by the complainant. As per the inspection of the opposite party, it is revealed that the energy meter of the complainant’s residence was working. The details of bills issued to the complainant by the opposite party as described below :

Sl.No.	Bill Date	Units	Amount
1	12/02/09	80	122/-
2	22/04/2009	60	94/-
3	16/06/2009	65	101/-
4	17/08/2009	60	94/-
5	19/10/2009	100	160/-
6	14/12/2009	402	1080/-
7	15/02/2010	140	242/-
8	21/04/2010	94	148/-
9	15/06/2010	201	388/-
10	16/08/2010	67	103/-

As per the complaint given by the complainant in the month of June 2010, the meter was inspected by the opposite party and it was revealed that the service wire and the meter burned due to lightning and the supply of the complainant’s residence connection was in failure. So the old meter was changed and a fresh meter was installed. The opposite party was not able to take the final reading because the meter was burned due to lightning. So bill for Rs.388/- was given to the complainant on 15.06.2010. For the faulty meter, the meter reading was calculated as per theaverage consumption of 6 months. The bill issued for Rs.491/- on 16.08.2010 included the dues of the previous bill of Rs.388/-. The complainant never paid the bill dated 15.06.2010 for an amount of Rs.388/-, so the line man one Mr.Ratheeshkumar reminded the matter to the complainant. The complainant never paid the same, so a bill of Rs.491/- was pending against the complainant. The opposite party never tried to disconnect the electric connection of the complainant.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
 

4. The evidence consists of the oral testimony of PW1 and Ext.P1(series) and Ext.P2(series) marked on the side of the complainant. No oral evidence adduced by the opposite parties.
 

5. The POINT :- The petition is filed for deducting the hike amount charged from the complainant in the future electricity bills. The complainant examined as PW1. PW1 is a consumer of the opposite party who consumes only a small quantity of electrical energy for 3 bulbs and a TV. But a bill for Rs.1,060/- was issued on 14.12.2009 by the opposite party. Ext.P1(a) is the bill issued by the opposite party on 14.12.2009, that was duly paid by the complainant. The electric connection was disconnected in the month of June 2010 for some days. When a complaint was given to the opposite party, they changed the electrical energy meter on 15.06.2010 and issued a bill for Rs.416/- which is marked as Ext.P1(c). Again another bill for Rs.491/- was issued on 16.08.2010, which is marked as Ext.P1(b). PW1 requested the opposite party to adjust the excess amount paid by the complainant in the future bills, but it was not done by the opposite party. So a lawyer notice was issued to the opposite party, copy of the same with postal AD Card is marked as Ext.P2(series). But the opposite party never redressed the grievance of the complainant.

6. As per the opposite party, the energy meter of the complainant’s residence was working and the details of the consumption of the complainant’s electric connection for the period 2/2009 to 8/2010 was also mentioned, which shows that the meter was working properly. As per the inspection of the opposite party it is revealed that the energy meter was burned due to lightning including the service wire. So the meter was changed with a fresh meter. The opposite party was not able to take the last meter reading so the average consumption of 6 months was taken for issuing the bill and a bill for Rs.388/- was issued on 15.06.2010. Another bill was issued on 16.08.2010 for Rs.491/- including the dues of the prior bill, but the complainant never paid the same.
 

7. As per the complainant he is using only 3 bulbs and a Television in his house and consumes only a little electrical energy. The opposite party never challenged the same anywhere. So the average energy charge was Rs.83/- per month. The energy meter of the complainant was became faulty from September 2009 and the matter was informed to the opposite party, also recorded in the complaint book kept in the opposite party’s office. The opposite party never tried to cure the same. But a hike bill for Rs.1,060/- was issued on 14.12.2009 which was duly paid by the complainant. But after that the opposite party changed the meter stating the energy meter of the complainant was burned due to lightning and a bill for Rs.388/- was issued on 15.06.2010. The opposite party never produced any evidence to show that the energy meter of the complainant was burned due to lightning. If it was like that, what made the increase of consumption of the complainant’s residence connection in the month of December 2009. The explanation given by the opposite party is that the complainant used huge energy because of the construction of his house. But as per the complainant the meter was faulty and it showed different readings and the matter was informed to the opposite party. But they never changed the same. According to the written version filed by the opposite party, the detailed bill for the period 12/02/09 to 16/08/10 shows that the average consumption of the complainant’s residence electrical connection is very low. But in the month of December 2009 there is a hike consumption of 402 units. But no evidence produced by the opposite party to show that the meter was became faulty due to lightning. So we think that there is no reason to disbelieve the version of the complainant because the meter was replaced by the opposite party. Even when the meter was faulty, the opposite party issued a bill for Rs.1,060/-, but it was paid by the complainant. After that the meter reading was very low. So the opposite party ought to have adjusted the amount paid by the complainant in the Ext.P4(a) bill in the future bills. The matter was informed to the opposite party and a lawyer notice was also issued but nothing was done from the part of the opposite party. It is a gross deficiency from the opposite party. So we think that the opposite party should cancel the Ext.P1(c) bill issued by the opposite party.
 

Hence the petition allowed. The opposite parties are directed to deduct the future electricity bills of the complainant’s residence electric connection from the excess amount paid by the complainant in Ext.P1(a) bill, by calculating an average consumption of 6 months after the installation of the fresh energy meter. The opposite parties are also directed to pay Rs.1,500/- as cost of this petition within one month of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 30th day of December, 2010
 

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT. SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER) 

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Babu.T.S.

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1(a) - Current Bill dated 14.12.2009 for Rs.1,060/-

Ext.P1(b) - Current Bill dated 16.08.2010 for Rs.491/-

Ext.P1(c) - Current Bill dated 15.06.2010 for Rs.416/-

Ext.P2(a) - Photocopy of lawyer notice dated 17.06.2010 issued by the advocate of the complainant

Ext.P2(b) - Postal AD Card of Ext.P2(a) Lawyer Notice

On the side of Opposite Parties :

Nil