Joseph Devasia filed a consumer case on 29 Jul 2008 against The Secretary in the Idukki Consumer Court. The case no is CC/08/18 and the judgment uploaded on 30 Nov -0001.
SRI.LAIJU RAMAKRISHNAN(PRESIDENT) The complaint is filed against the deficiency in the opposite party for the supply of electric energy to the complainant's residence. The Ist complainant Joseph Devasia is a consumer of the opposite party as Consumer No.A-366 and the 2nd complainant Mathew Joseph is the consumer of the opposite party as Consumer No.A-368. At the time of issuing the electric connection to the complainants, an agreement was made between the opposite parties and the complainants. It was agreed to supply 250 Walt of electric energy to the complainants. But in the evening from 6.00 P.M to 10 P.M the voltage in the electric connection of the complainants is very low and so the complainants are not getting enough electric energy So they are not able to do their day to day activities. The complainants children are not able to study in that time because of the lack of electric voltage. The opposite parties are issuing spot bill to the complainants' residence for the electric connection and an average of 50 to 100 units of electric energy is consumed by the complainants. The complainants are promptly paying the electricity bills issuing by the opposite party. The complainants are entitled to get 230 Volt of electric energy to their residence electric connection. Several complaints were given in the offices of the opposite party but there is no response from their part. They have not taken any steps to increase the voltage in the electric connection of the complainant's residence. Alleging deficiency in service against the opposite party, the complaint has been filed for getting sufficient voltage in the complainants residential connection. 2. The opposite party appeared and filed a written version. The opposite party admitted that there is low voltage in the supply of electric connection of the complainant's residence. The matter is affecting not only the complainants but also the whole people residing in that area. The opposite party has inspected the place and decided to start a project for increasing the voltage in the electric connection, in this area by fixing a transformer in the 11 KV Line. The sanction was obtained from the Ist opposite party and preliminary works for the same is going on. There is no connection between the calculation of the bill and the difference in the voltage. The spot bill is giving only by calculating the meter reading in the meter fixed in the premises of the complainants residence. The complainants contention is true as per the Electricity Act, because of the increase in population the opposite party is not able to supply enough voltage in their electric connection. So the opposite parties are doing necessary works for the fixation of transformer in that area and so there is no deficiency in service on the part of the opposite party. 3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainants are entitled to ? 4. The evidence consists of the oral testimony of PW1 and Exts.P1(series) and P2 on the side of the complainants. No oral evidence was adduced from the part of the opposite parties and Ext.R1(series) marked on the side of the opposite parties. 5. The POINT :- The complainants are the consumers of the opposite party as Consumer Nos. A-366 and A-368. The complainants are consuming average 50 to 100 units of electric energy per month. But the voltage in their electric connection is only 100 to 110 Volt instead of 230 Volt. The consumers are entitled to get 230 Volt of electric energy. They are promptly paying the electricity spot bills issuing by the opposite party. As per the agreement made between the opposite party and the complainants at the time of issuing the electric connection, it is agreed by the opposite parties to supply 230 to 250 Volt of electric energy to the complainants. Ext.P1(a) and Ext.P1(b) are the copies of the electricity bill supplied by the opposite party to the complainants. Ext.P2 is the copy of the complaint given by the complainants to the 2nd opposite party. The opposite party admits that there is low voltage in the electric connection of the complainants and they are trying to install a transformer there for increasing the voltage in the electric connection. Ext.R1(series) are the documents showing the details of work done by the opposite party for installing the transformer. In the written version the opposite party admitted the contention raised by the complainants, as per the Electricity Act. So it is a gross deficiency in service of the opposite party. The opposite parties are issuing spot bill to the complainants. The bill is given as per the reading of the energy meter. If the voltage is low, the meter also will show the low reading. So we think, it is not proper to give a direction for reduction of electricity bill. The only remedy available is to fix a transformer immediately. As per the complaint, the very necessary time for electric energy is between 6 pm to 10 pm. The low voltage in that time affect the study of the children and other needs. As a result, the petition allowed. The opposite party is directed to fix a transformer for increasing the voltage in the electric connection of the complainants within 3 months and pay Rs.2,000/- for the cost of this petition within one month of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest per annum from the date of default. Pronounced in the Open Forum on this the 29th day of July, 2008
......................Laiju Ramakrishnan ......................Sheela Jacob
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