PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 29th day of February 2012
Filed on : 28-05-2012
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 275/2011
Between
T.M. Thomas, : Complainant
Thekkedathu house, Avoly P.O., (Adv. Tom Joseph, Court road,
Muvattupuzha. Muvattupuzha)
And
1. The Secretary, : Opposite parties
Kerala State Electricity Board, (2nd O.P By Adv. R. Srinath,
Vydyuthy Bhavan, Pattom, P.B.AshokanGeorge C.Varughese,
Thiruvananthapuram. XL/4664,Banerji road, Ernakulam
Kochi-682 031.)
2. The Asst. Executive Engineer,
KSEB Major Section,
Muvattupuzha-686 661.
O R D E R
A Rajesh, President.
The case of the complainant is as follows:
The complainant is a domestic category consumer of electricity under the second opposite party. His Consumer number is 8592. His wife is conducting a small scale industry unit near his house and the unit is having electricity connection under the LT IV tariff. The monthly reading taken by the Sub Engineer in the connection. While so, on 21-01-2009 an inspection was conducted by the officers of the opposite parties and on the basis of the said inspection a penal bill for Rs. 1,20,302/- dated 06-02-2009 for the industrial unit and Rs. 28,939/- for his house were issued alleging unauthorized extension of connected load and line. Against the said bills, the complainant made representations to the Executive Engineer and after considering the representations a fresh bill for Rs. 7,301/- dated 06-04-2009 was issued and the same was remitted. But after 2 years of the payment of penalty, a bill dated 08-04-2011 for Rs. 1,64,250/- was issued to the complainant stating it as per the audit report of RAO Perumbavoor. The complainant is not liable to pay the above amount as per the bill since he had paid the penal bill dated 06-04-2009 issued on the basis of the inspection conducted by the squad on 21-01-2009. Moreover, the present demand raised by the opposite party is barred by limitation as per the Regulation No. 18(8) of the Kerala Electricity Supply Code 2005. It is also pertinent to note that the monthly meter reading of the industrial unit has been taking by the Sub engineer and if there were any unauthorized extension as alleged by the squad that would have been detected by him. Thus the complainant is before us with a prayer to set aside the bill dated 08-04-2011 for Rs. 1,64,250/- and to direct the opposite parties to pay the cost of this proceedings.
2. The version of the opposite parties.
An inspection was conducted on 21-01-2009 by the 2nd opposite party on the industrial as well as domestic premises. On inspection the industrial premises (Con. No. 10319) an unauthorized load of 17kw was detected out of the total connected load of 25 kw and a bill for Rs. 1,02,302/- was issued towards back charges. The said bill was revised to Rs. 7,301/- by the Executive Engineer. The consumer remitted the bill and the load was regularized on 01-06-2009. During inspection at the domestic consumption (Con. No. 8582) an unauthorized extension of 9kw was detected and an unauthorized extension of 9kw to a nearby lodge owned by the consumer was also detected. The complainant is liable to pay penal charges for the unauthorized extension under Regulation 50 of KSEB. Terms and Conditions of Supply 2005. Consumer has not regularized connected load. The complainant is liable to pay the amount of Rs. 1,64,250/- which is not an arrear bill but a short assessment bill.
3. The complainant was examined as PW1 and Exts. A1 to A6 were marked on his side. The 2nd opposite party was examined as DW1 and Exts. B1 to B3 were marked on the side of the opposite parties. Heard the counsel for the parties.
4. The points that enunciated for consideration are
i. Whether the impugned bill is barred by limitation?
ii. Whether the complainant is entitled to get the disputed bill set
aside ?
iii. Whether the complainant is entitled to get costs of the
proceedings from the opposite parties?
5. Point No.i Evidently nothing is on record to disbelieve the findings of the officials of the 1st opposite party in Ext. B2 mahazar dated 21-01-2009 especially in view of the decision rendered by the Hon’ble Supreme Court in Punjab Electricity Board Vs. Ashwani Kumar iv (2010) CPJ (SC)1
6. The question at hand is whether the bill under dispute is barred by limitation as per Regulation 18(8) of the Kerala Electricity Supply Code 2005. Admittedly Ext. A1 bill to the tune of Rs. 1,64,250/- was issued on 28-03-2011. According to the opposite parties. Ext. A1 is not a penal bill instead it is a short assessment bill, since the same is a short assessment bill, the provisions of Regulation 18(8) is not applicable. Regulation 18(8) of the Kerala Electricity Supply Code, 2005 reads as follows:
“18 Recovery of charges for supply:-
(8) The Licensee shall not recover any arrears after a period of 2 years from the date when such sum became first due, unless such sum has been shown continuously in the bill as recoverable as arrears of the charges of electricity supplied.”
All this could have been avoided had the opposite parties issued Ext. A1 in time. Law does not favour the late comer. Herein where the opposite parties have failed squarely and law is not answerable. The present demand of the opposite parties is untenable being barred by limitation.
7. Point No. ii. In view of the findings in point No. 1 we have no hesitation to hold that the complainant is not liable to pay the amount as per the impugned bill.
8. Point No. iii. Since the primary grievance of the complainant has been met squarely and adequately order for costs is not called for.
9. In the result, we partly allow the complaint and direct as follows:
i. We set aside Ext. A1 bill
ii. The order in I.A. No. 285/2011 dated 30-05-2011 is made
absolute.
Pronounced in the open Forum on this the 29th day of February 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of bill dt. 08-04-2011
A2 : Copy of complaint dt. 27-01-2009
A3 : Copy of bill dt. 06-04-2009
A4 : Copy of penal bill dt. 06-02-2009
A5 : Copy of penal bill dt. 06-02-2009
A6 : Copy of bill dt. 13-06-2009
Opposite party’s Exhibits : :
Ext. B1 : Copy of Inspection Report
B2 : Copy of Inspection report
page 2
B3 : Copy of Inspection report
page 5
Depositions :
PW1 : Thomas T.M.
DW1 : K.R. Rajeev
