KERALA  STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION  VAZHUTHACADU    THIRUVANANTHAPURAM

  APPEAL  NO: 721/2006

                    JUDGMENT DATED: 31-08-2010

PRESENT

JUSTICE SHRI.K.R. UDAYABHANU     : PRESIDENT

SRI.M.K. ABDULLA SONA                      : MEMBER

1.      KSEB Thiruvananthapuram,

R/by the Secretary,

Vydythi Bhavanam, Pattom, TVPM.

2.      The Asst. Executive Engineer,

KSEB Ayyanthole Section,             : APPELLANTS

Pullazhy.P.O, Thrissur Dist.

3.      The Asst. Engineer, KSEB-

Electrical Section, Arimpur.

(By Adv:Sri.B.Sakthidharan Nair)

          Vs.

V.N.Narayanan Nambisan,

“Sathyanarayana”, Varaamkudath House,

Veluthur Arimbur, Thrissur.             : RESPONDENT

(By Adv:M/s Babu Cherukara & S.Russel)

                                                JUDGMENT

SHRI.M.K. ABDULLA SONA : MEMBER

This appeal prefers from the order passed by the CDRF, Thrissur in OP.56/2004 dated:8-02-2006.  The appellants are the opposite parties and the respondent is the complainant respectively.  The appellant under the order of the Forum below, directed the opposite parties to cancel the impugned disconnection notice dated:20/9/2003, the adjustment invoice No.59644 for Rs.9000/- dated:22/9/2003 and the revised adjustment invoice of Rs.13,500/- dated:8/12/2003 and to pay cost of Rs.1,500/- to the complainant.

2. As per the appellant the complainant is a consumer of the opposite parties and the complainant alleged that the bill for Rs.9,000/- dated:22/9/2003, which was revised to Rs.13,500/- on 8/12/2003 as the electricity for the agricultural purpose was misused for domestic purpose was illegal and to be cancelled.

3. The opposite parties contended in their version that a surprise inspection was conducted at the premises getting an anonimous information on 20/9/2003 and detected that the agricultural connection has been unauthorisedly and dangerously extended to the nearby house.  The seal of the Meter Terminal connection was seen opened and the terminal exposed.  The electricity supplied from the agricultural connection was seen pluged into the socket in the kitchen of the nearby house dangerously using a two pin plug.  The Sub Engineer of the Electrical Section, Arimbur got electric shock from the exposed pins of the plug removed from the socket of the kitchen.  The supply on this plug was coming from the existing agricultural connection.  The matter was reported to the Electrical Inspector, Thrissur on 26/9/2003.  The wife of the consumer was present at the time of preparing the site inspection and put his signature in the mehazar.  The disconnection was made as per Sec.44 (b) of the Conditions of Supply of Electrical Energy.  The steps taken are in accordance with law based on tariff rate applicable as per gazette notification No.1577 dated:1/11/2002.  Hence prayed for dismissed with cost.

4. The evidence consisted of Exts.P1 to P11 and Exts.R1 to R3.  The Forum allowed the complaint.   The Forum below after considering all the evidenced alleged by both sides and reached the conclusion that the impugned disconnection notice and adjustment invoice and the action taken against the petitioner cannot stand in the eye of law.  As a result, the Forum below allowed the complaint and passed the impugned order.

5. When this appeal came before this commission, the counsel for the appellant is present and there is no representation for the respondent/complainant.  The counsel for the appellant argued on the grounds of appeal memorandum that the electrical energy strictly given for agricultural purpose which misused as domestic purpose and had also as an admitted fact that the trapping of this connection in a very endangerous manner and shock was suffered by the Sub Engineer, A.T.Jose for that purpose.  The mehazar was prepared and penal bill was issued.  He again contended that the Forum below found that the change of tariff and issuing of the penal bill in pursuance of misuse of electrical energy cannot be termed as deficiency of service.  It further submitted that the complaint was filed by the complainant only after he approached the appellate authority and the appellate authority dismissed the appeal.  He prayed that the order passed by the Forum below is not in accordance with the provisions of law and evidence.  It is liable to be set aside by allowing this appeal.

6. At the same time this Commission scrutinize the case records available in the case bundle and reveal that the conversion of the agricultural energy for the domestic purpose is admitted by the complainant by put the signature by his wife and an extra plugging for taking unauthorisedly the energy to the house was also admitted by the complainant.  But the complainant is having a case that this entire occurrence was a result of demanded the break by the Sub Engineer and the complainant refused to give it.  But there is no evidence for this.  This is a mere allegation only.  The respondent also contended that the Sub Engineer was suffered electric shock from the defective plug fitted by the complainant in his premises.  The Forum below found that for the change of the tariff there is no notice was issued by the appellant/opposite parties and it is irregular.  This commission is seeing that the order passed by the Forum below is not strictly in accordance with the law and evidence.  This complainant who misused the agricultural tariff as a domestic tariff by fitting very substandard equipments and wiring it is harmful to the entire human life of the locality including the complainant, his family members and the staff of the KSEB etc.  It cannot be promoted.  It is the duty of the KSEB to interfere such an illegal and irregular act of the consumers.  We find there is a reasonable cause to interfere in this order.  It is highly necessary for the interest of justice.

In the result this appeal is allowed and setting aside the order passed by the Forum below.  At the same time the appellant is directed to cancel the disconnection notice and due to the interference by this commission, the appellant shall not be taken. This is an opportunity to harass the consumer/complainant.  If any such harassment from the part of the appellant/opposite parties is reported the complainant is having all the right to approach the Forum below with a complaint.  In this observation this appeal is disposed.  Both parties are directed to suffer their own respective costs.  The points of the appeal answered accordingly.

M.K. ABDULLA SONA : MEMBER

JUSTICE K.R. UDAYABHANU: PRESIDENT

VL.