By Smt.Padmini Sudheesh, President
The case of complainant is that the complainant along with his family is residing in a rented building. He is using the room adjacent to his house as the office. There is one computer in the said office room. He is living out of the income derived from the said business. There is one electric connection vide consumer No.461 and complainant is paying the current charges regularly without any arrears. On 16/1/04 the respondents demanded to pay Rs.2,470/- and on 17/3/04 the respondents also demanded to pay Rs.3,434/-. So the complainant approached the respondents to cancel the bill dated 16/1/04. But the respondents intimated that the connection was changed to non domestic connection and the complainant is liable to pay the bill under that tariff. This act of respondent is deficiency in service. Hence the complaint.
2. The counter averments in brief are that the connection in this case comes under LT VII A Tariff and is a commercial connection. There is an office namely ‘Top constructions’ and electricity is using from consumer No.461 to this office. So the connection was billed under LT VII A tariff. There are no arrears pending in the said connection. The bills were issued because the electricity was used for non domestic purposes. The complainant is bound to pay the bills amount. Hence dismiss
3.The complainant filed OP.701/04 to set aside the bill dated 17/5/04 against the Corporation. The other averments in the complaint are self same as in OP.484/04.
4.The counter averments are self same and not repeating.
5. The common points for consideration are that :
1)Whether there is any deficiency in service on the part of respondents?
2)If so reliefs and costs ?
6. Evidence consists of oral testimony of PW1, Exhibits P1series, P2 and Exhibit R1.
7.The grievance of complainant is that the respondents issued bills under VII 7A tariff and demanded amount. The complainant stated that since the complainant is using the connection for domestic purpose, the respondents have no right to demand electricity charges under LT VII A tariff. The respondent would say that the connection was 1A tariff and has been changed to 7A tariff because the complainant is conducting an office by name Top constructions and is using the electricity from the consumer No.461 which is allotted for domestic purposes.
8. As stated by complainant the respondents also admitted that there are no arrears in electricity charges. The bill amount has been increased only because change of tariff. It is only due to the functioning of office in the house. Exhibit P2 is a copy of application produced by complainant and it would show that he is using a home computer in his house and he is drawing the plan of building and board is also installed. The averments in the complaint are clearly stated that the complainant is using a room as an office. The connection to the house was under domestic tariff and when the office functioning was started tariff was changed. If the complainant wanted to function his office he should take separate electric connection. The use of electricity from one A tariff is illegal. There is no deficiency in service on the part of respondents in issuing bills under 7A tariff.
9. The complainant is examined as PW1 and it is his version that he is not working in the office as full time and he will go to the site. So functioning of office and the nature of work in the said office are admitted by complainant. In this circumstance he is bound to pay the bills under LT VIIA tariff.
10.In the result both the complaints are dismissed.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 10th day of September 2012.
