BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of April, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.214/2008

Between

Complainant : M.P Shaji

Mega plastics,

Mullakkanam, Rajakkadu P.O.

Idukki District.

(By Adv: V.M. Joy mon)

And

Opposite Parties : 1. The Secretary,

Kerala State Electricity Board,

Pattom P.O.

Thiruvananthapuram.

2. The Executive Engineer,

Kerala State Electricity Board,

Electrical Section,

Adimaly P.O.

Idukki District.

3. The Assistat Engineer,

Kerala State Electricity Board,

Electrical Section,

Rajakumari P.O.

Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Petitioner is conducting a Small Scale Industry unit at Mullakkanam, Near Rajakkad, who is a consumer of opposite party as consumer No 14701, Rajakkad Electrical section. The government has introduced 20% power cut in SSI units, and when the quota is fixed for the petitioners SSI unit, the average consumption from 2008 January to March was calculated. The complainant's SSI unit was became working in full swing only in July 2008. So the quota is to be fixed by taking the average of consumption from January 2008 to November 2008. So the petition is filed against the deficiency in service of the opposite party.

2. Opposite party filed the Circular issued by the Kerala State Electricity Board about the billing procedure. The power restriction to the tune of 20% shall be imposed to LT-II, LT-IV, LT-VI(except LT-VI(D)) and LT VII categories of consumers. The quota shall be fixed as 80% of the average monthly cosumption of the previous year 2007 to 2008. In the case of new consumer, the average comsumption, shall be 50 units/KW/month and quota shall be fixed accordingly. Energy consumption in a month over and above the quota fixed shall be charged at the actual cost of additional purchase in a monthly basis as fixed by the commission. The billing procedure for monthly billed LT Consumers are also produced.

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 restimony of PW1 and Ext.P1(series) marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R3 marked on the side of the opposite parties.

5. The POINT:- The complainant is filed against the deficiency in fixing quota of consumption of Electricity in SSI unit. Complainant was examined as PW1. He deposed that the opposite party issued 4 excess bills, they were duly paid by the complainant due the threaten of disconnection. The bills are marked as Ext.P1(series).PW1 admitted that the quota has been fixed by the opposite party. The condition was that 80% of the previous years comsumption would be charged in ordinary rate. The excess consumption would be charged as excess amount. PW1 availed Electrical connection only in 28th January 2008. But the unit became working in full swing only in June 2008. So he was not able to use the complete electrical energy of the year 2008 to 2009. So the fixation is not correct according to the complainant. 3rd opposite party was examined as DW1. DW1 deposed that the connection was given in 23.01.2008. The consumer has consumed only 69 days in that financial year. The quota is fixed as per the consumption of 69 days. It is as per order of the board, copy of which is marked as Ext.R2. Those opposite party has acted only upon the order of the board. LT IV Tharif is only for Industries. Bills were also issued only as per the order of the Kerala State Electricity Board. As per the opposite party, the opposite party has acted only as per the order from the Kerala State Electricity Board. But the quota is fixed only from 15/10/08 onwards. The order was pronounced only on that date.

But as per the argument of the learned counsel for opposite party it is admitted that the quota will be changed according to the availability of rain. The learned counsel for the complaint also admitted that the opposite party has again fixed fresh quota of consumption of the complainant's electrical connection after this petition was filed. So there is no deficiency is seen from the part of opposite party.

Hence the petition dismissed. No cost is ordered against the complainant.

Pronounced in the Open Forum on this the 30th day of April, 2009.

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - M.P. Shaji

On the side of Opposite Parties :

DW1 - S. Sajukumar

Exhibits:

On the side of Complainant:

Ext.P1 series(a) - Electricity Bill dated 13/10/2008

Ext.P1 series(b) - Electricity Bill dated 14/11/2008

Ext.P1 series(c) - Electricity Bill dated 15/12/2008

Ext.P1 series(d) - Electricity Bill dated 12/01/2009

Ext.P1 series(e) - Electricity Bill dated 06/02/2009

Ext.P1 series (f) - Electricity Bill dated 09/03/2009

On the side of Opposite Parties :

Ext.R1 - Copy of Consumption Details of Consumer.

Ext.R2 - Copy of Kerala State Electricity Board Order dated 06/10/2008

Ext.R3 - Copy of Billing Procedure dated 10/10/2008.