DATE OF FILING :06.08.2010
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.169/2010
Between
Complainant : Lissy W/o Varghese,
Ellimoottil House,
Mavaracity Kara,
Kanthippara Village,
Udumbanchola Taluk,
Idukki District.
(By Adv: Sijimon.K.Augustine)
And
Opposite Parties : 1. The Secretary,
Kerala State Electricity Board,
Vydhyudhi Bhavan,
Pattom P.O, Thiruvananthapuram
2. The Assistant Executive Engineer,
Kerala State Electricity Board,
Electrical Sub Division Office,
Rajakumari, Idukki District.
(Both by Adv: C.K.Babu)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant availed an electric connection under the Minimum Guarantee Scheme in 1997 as Consumer No.2426. In 2002 as per the inspection report of the Assistant Executive Engineer, Chithirapuram the complainant's tariff was changed to VIIA from VII B. So the complainant was directed to pay Rs.200/- as fixed charges and unit charges for the energy consumed bimonthly. The complainant remitted the bills issued by the opposite party regularly without any delay. In the year 2008 the complainant took electricity from this connection to her grocery shop and on 11.11.2008 the Vazhathope APTS Assistant Engineer conducted inspection at the complainant's residence and found out theft of electrical energy by tapping up wire. On finding theft the opposite party disconnected her service connection and removed the meter also on that day itself. As per the direction of the opposite party the complainant's husband filed an application before the Assistant Engineer, Electric Section, Rajakumari, seeking permission to compound the offence by remitting compounding charges and penalty for that. Accordingly the opposite parties ordered and directed to pay Rs.30,200/- as compounding charges and Rs.48,720/- as penal bill. The complainant remitted the compounding charges Rs.30,200/- on 12.11.2008 itself and the complainant's husband filed an application dated 14.11.2008 before the Deputy Chief Engineer, Electrical Circle, Thodupuzha seeking instalments for remitting the same. As per the order of the Deputy Chief Engineer, instalments were allowed with a condition of remitting 25% of the penal bill amount as the first instalment and the balance amount in 5 equal bimonthly instalments and also directed to re-connect the service connection on remittance of the first instalment. So the complainant remitted 25% of the penal bill amount ie, Rs.12,210/- on 15.11.2008 and remitted the balance amount of Rs.36,540/- as lump-sum on 21.11.2008 itself. The opposite party reconnected the service connection by putting a new meter and her consumer number was also changed. Thereafter the complainant is regularly remitting the bill amount without any delay. But on 27.07.2010 the opposite party issued a bill demanding the complainant to pay Rs.79,825/- as shot levy of penalty for theft APTS inspection on 11.11.2008 and directed to pay that amount on or before 11.08.2010. The complainant already remitted the compounding charges and penal bill in 2008 itself and thereafter two years the opposite parties issued such an exorbitant bill without any factual footing is quite illegal. Alleging deficiency in service, the complainant filed this petition to cancel the hike bill.
2. In the written version filed by the opposite party, it is stated that on 11.11.2008 Anti Power Theft Squad, Vazhathope unit conducted a surprise inspection in the premises of the complainant and found out theft of electrical energy by tapping up wire. The sanctioned connected load of the consumer was 740 Watts. The load detected by the APTS was 2961 Watts. So legal action was initiated against the petitioner. The consumer filed an application before the Assistant Engineer seeking permission to compound the offence by remitting compounding charges and penalty for theft. As per the order of the Assistant Engineer the consumer remitted Rs.30,000/- as compounding charges and Rs.200/- as the cost of service wire on 12.11.2008. The penal bill was issued to the consumer on 12.11.2008 for Rs.48,720/-. As per the request of the Assistant Engineer, an application was forwarded to the Deputy Chief Engineer, Electrical Circle, Thodupuzha. Instalment facility was given by the Deputy Chief Engineer and the complainant paid Rs.12,210/- on 15.11.2008 and the balance amount of Rs.36,540/- on 21.11.2008. The Assistant Engineer, APTS calculated the pilfered units using the formula, Load x Usage time assessed x Load Factor x Number of days and levied current charge for an assessed consumption of 492 units per 2 months less 141 units recorded and levied for 12 months prior to the date of inspection. Penalisation on fixed charge was 2 times x Rs.50/KW (UAL) x 12 months. So a penal bill for Rs.48,720/-was issued. Consequent to the audit of accounts by the office of the Principal Accountant General(Audit), it is reported that the consumer was wrongly assessed by calculating the pilfered units wrongly. As per the norms the consumption should have been assessed as 2.961 KW x 0.6 x 12 hours x 60 days = 1279 KWh per two months for restaurants. Short assessment of consumption resulted in short levy of current charges and penalty by Rs.79,825/- was reassessed and a penal bill for Rs.79,825/- was given to the consumer on 27.07.2010. So the petitioner is liable to pay that amount and hence the petition may be dismissed.
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 Exts. P1 to P7 marked on the side of the complainant and Exts.R1 and R2 marked on the side of the opposite parties.
5. The POINT :- The petition is filed for cancelling the bill issued by the opposite party as per the audit enquiry. The complainant produced evidence as PW1. As per PW1, he was a consumer of the opposite party under VII B tariff as consumer No.2426. In the year 2008, the complainant took unauthorised electricity from this connection to her grocery shop. On 11.11.2008 the APTS, Vazhathoppe conducted a surprise inspection and found out theft of electrical energy by tapping up wire. So bill was issued for Rs.30,200/- as compounding charges and Rs.48,720/- as penal bill as per the request of the complainant to the Assistant Engineer for compounding the offence. Ext.P1 is the copy of the penal bill for Rs.48,720/-. Copy of the application given by the husband of the complainant for compounding the offence is Ext.P3. Copy of the order of the Deputy Chief Engineer, Electrical Section, Thodupuhza for granting instalments in the payment of the complainant as per the request of the complainant is marked as Ext.P4. Instalment chart issued by the opposite party is marked as Ext.P5. Ext.P6(series) are the receipts received for the payment of the amounts Rs.12,210/- and Rs.36,540-/- respectively. On receipt of the above, the opposite party reconnected the supply by putting a new meter. After that the complainant was regularly remitting the bills. On 27.07.2010 another bill was issued by the opposite party for an amount of Rs.79,825/- for short levy of current charges and penalty for theft as per the inspection of APTS on 11.11.2008. Ext.P7 is the copy of the same. The complainant paid the entire amount as per the penal bill and compounding charges to the opposite party. After 2 years again a hike bill was issued by the opposite party. As per the opposite party, it is admitted that the complainant paid Rs.12,210/- on 15.11.2008 and the balance amount of Rs.36,540/- on 21.11.2008. But consequent to the audit of accounts from the office of the Principal Accountant General(Audit), it is reported that the complainant was wrongly assessed by calculating the pilfered units wrongly. As per the norms, the consumption should have been assessed as 2.961 KW x 0.6 x 12 hours x 60days = 1279 Kwh per two months for restaurants. So a short levy of current charges and penalty of Rs.79,825/- was reassessed and a penal bill was issued for the same. As per the copy of the bimonthly consumption calculation produced by the opposite party, Ext.R1, which is done by the Assistant Engineer, APTS, Vazhathoppe on 11.11.2008, it is calculated that Load usage time assessed x load factor x No. of days (60) = consumption. In which the light, tube, CFL etc. are calculated as 0.14 KW x 8 hours/ day x 0.8 x 60 days that comes 53.76 KWh. The grinder is calculated as 0.746 KW x 1 hour/day x 0.8 x 60 days that comes 35.81 KWh. The electric heater as 2 KW x 4 Hours/day x 0.8 x 60 days that comes 384 KWh. The TV as 0.075 KW x 5 hours/day x 0.8 x 60 days that comes 18KWh. As per Ext.R2, the audit enquiry report, the short levy of penalty for theft of electricity, the consumption should have been assessed as 2.916 KW x 0.6 x 12 hours x 60 days = 1279 Kwh per two months for restaurants. As per the order of the State Electricity Board dated 31.03.2010, the restaurants and ice- cream parlours etc., the working days are calculated as 12 to 16 hours.
6. On perusing Ext.R1 bimonthly calculation done by the Electrical Section, Rajakumari based on the site mahazar prepared by them, it reveals that the calculation was done for a tube and light for 8 hours and for the grinder it is for 1 hour, electric heater for 4 hours and TV for 5 hours. But as per Ext.R2 audit report, the calculation has been done by assuming 12 hours consumption per day and that was the mistake happened between the calculation of the Assistant Engineer, APTS. The circular issued from the Ist opposite party dated 31.03.2010 describing the procedure to be adopted for inspections at consumer premises, issuing assessments and detailed guidelines for computing consumption based on connected load and other factors. The inspection of the complainant's building was done by the APTS Assistant Engineer was on 11.11.2008. There is no explanation given by the opposite party whether the circular dated 31.03.2010 was applicable at the time of inspection ie, on 11.11.2008. If there was another circular existing on that period connected to this, the opposite party never produced the same for adopting the methods for calculating the amount arrived for the consumption of the complainant's electrical connection. The opposite party never submitted that there is retrospective effect to the circular issued on 31.03.2010 by the KSEB. So we think that theft has been found out from the complainant's electric connection and a heavy penal bill was given to the complainant as a chance for compounding the offence and it was duly paid by the complainant. But after 2 years another bill was issued by the opposite party stating that it is a mistake happened on the part of the opposite party in the calculation of the penal bill and the complainant is liable to pay another huge bill for Rs.79,825/-. The method adopted for calculation was wrong and the audit report shows the same. A circular was also issued with that audit report describing the methods for calculation of the penal bill especially in restaurants. So the opposite party never give any opportunity to the complainant for hearing his part or any chance to file any appeal before the opposite party's office against the Ext.R2. No notice has been served to the complainant for the same. Copy of the detailed calculation report of the consumption was also not supplied to the complainant with Ext.P7 bill, which is for Rs.79,825/- . We think that it is a gross deficiency from the part of the opposite party. The opposite party can issue corrected bill to the complainant after clearing if any mistake has been happened to the opposite party for the calculation. The opposite party can issue corrected and defect-less bill to the complainant. They have to issue copy of the calculation report to the complainant so that the complainant can aware that what is the base for the excess bill issued to the complainant and also if there is any interest, surcharge or penal charge calculated for the period for 2 years. After a long period of 2 years the opposite party issued bill for a huge amount stating that, it was a mistake happened to the opposite party and no chance was given to the complainant for filing appeal even before the opposite party. As per the request of the complainant the opposite party permitted the complainant to compound the offence by remitting the compounding charges and penalty for the same.
Hence the petition allowed. The opposite parties are directed to cancel Ext.P7 bill issued by the opposite party for an amount of Rs.79,825/-. The opposite party can issue corrected bill as per the audit report, after giving a copy of the calculation report to the complainant and the opposite party should give a chance for hearing the complainant or filing objection if any.
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 - Lissy Varghese
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Photocopy of Penal Bill dated 12.11.2008 for Rs.48,720/-
Ext.P2(series) - Photocopy of Receipts dated 12.11.2008 for Rs.200/- and Rs.30,000/-(2 Bills)
Ext.P3 - Photocopy of application dated 12.11.2008 given by the husband of the complainant to the 2nd opposite party, for compounding the offence
Ext.P4 - Photocopy of the Order of the Deputy chief Engineer, Electrical Circle, Thodupuzha dated 14.11.2008
Ext.P5 - Photocopy of Instalment Chart issued by the Assistant Engineer, Electrical Section, Rajakumari
Ext.P6(a) - Photocopy of Receipt dated 15.11.2008 for Rs.12,210/-
Ext.P6(b) - Photocopy of Receipt dated 21.11.2008 for Rs.36,540/-
Ext.P7 - Photocopy of Bill dated 27.07.2010 for Rs.79,825/-
On the side of Opposite Parties :
Ext.R1 - Photocopy of bimonthly consumption calculation dated 11.11.2008 prepared by the Assistant Engineer, Anti Power Theft Squad,
KSEB, Vazhathoppu
Ext.R2 - Photocopy of Audit Enquiry Report
