Date of filing: 30-8-2016 Date of order : 04-8-2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, LADY MEMBER
Friday, 04th day of August 2017
CONSUMER COMPLAINT No. 67 / 2016
Mamidi Konda Reddy, S/o Narayana Reddy,
aged 43 years, R/at D.No. 1/26, Vemaluru,
Konarajupalli, Atlur Mandal, YSR District. ….. Complainant.
Vs.
1. The APSPDCL, Rep. by its Asst. Engineer, Operation,
Atlur Mandal, YSR District.
2. The APSPDCL, Rep. by its Asst. Divisional Engineer,
Operations, Badvel, YSR District.
3. The APSPDCL, Rep. by its Superintending Engineer,
Division Office, Operations, Kadapa, YSR District. ………Opposite parties.
This complaint coming on this day for final hearing on 14-7-2017 in the presence of Sri G. Trivikram Singh, Advocate for Complainant and Sri C.S. Riyazuddin, Advocate for Opposite parties and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, Member),
1. Complaint filed under section 12 of C.P. Act 1986.
2. The brief facts of the complaint are as follows:- Complainant is the resident of Konarajupalli of Atlur Mandal, YSR District and he was having electricity service connection to his house bearing old D. NO. 1/123 and electricity connection SC No. 2622350000066 and the Complainant paying electricity charges without any default. The Complainant in May 2015 intended to demolish his old house bearing No. 1/123 with a view to new house, as the old one was in dilapidated condition. The Complainant joined in new house in January 2016. The family members of the Complainant unknowingly took direct electricity connection without his knowledge. On 04-6-2016, R1 inspected the house of Complainant and found direct connection and assessed loss of income to the APSPDCL as Rs. 60,806/- and directed the Complainant’s family members to pay electricity charge as assessed by them. Without application of mind the Respondents calculated the electricity charges as Rs. 60,806/-. The Complainant purchased Air conditioner in the month of March 2016. The Respondents disconnected the service connection bearing No. 2622350000066, dt. 29-8-2016 and at present entire family of the Complainant were thrown into dark condition. The Complainant has paid Rs. 4,000/- as penalty towards compounding of offence to the Respondents and he is not in a position to pay such huge electricity charges imposed by the Respondent with unreasonable calculations. The services of the Respondent are deficient in nature. The Respondents caused mental agony and physical strain to the Complainant as well as to his entire family members. The assessment of penalty of Rs. 60,806/- has to be canceled as it is illegal and contrary to law. The Complainant had paid Rs. 62,250/- to the Respondents under the bills, dt. 31-7-2016, 31-8-2016, 26-9-2016, 26-10-2016 and 26-3-2017. The Respondents are liable to refund Rs. 62,250/- excessively. It is therefore, prayed that the Hon’ble forum may be pleased to pass orders in favour of Complainant, directing the Respondents (a) to refund Rs. 62,250/- excessively collected amount, (b) to pay Rs. 30,000/- towards compensation for physical strain and mental agony and (c) to pay Rs. 2,000/- towards costs of the Complaint.
3. Written version filed by the Respondents 1 to 3. The complaint filed by the Complainant neither just nor maintainable either in law or on facts. The Complainant is put to strict proof of all allegations made in the complaint which are not expressly and specifically admitted herein. The Respondents on the good faith providing the service No. 2622350000066 to the house of the Complainant for the purpose of domestic. On that on 4-6-2016 the R1 along with his staff found direct connection and it was assessed loss to the government and extent of Rs. 60,806/- and directed the Complainant to pay the electric charges as theft by him. During the inspection it was found that one service un-authorized by direct taping from his service wire with the help of PVC copper wire colour blue and yellow wire directly at his back side of the house near window and other end connected to the switch board in the room through MCB control. The inspection officer found total connected load to be 3840W. The Complainant voluntarily paid Rs. 4,000/- for the first offence escaping from criminal liability. The Complainant had knowledge about theft of energy. It is therefore, prayed that the Hon’ble forum may kindly be pleased to dismiss the complaint with exemplary costs in the interest of justice.
4. Additional written version filed by the Respondents. The energy used by the Complainant showing the units in the ledger along with installation amount paid by the Complainant. The Complainant is well know about the theft of the energy. As per section 135 of AP Electricity Act on that as per agreement executed by any consumer in favour of the Respondents is cleared once he has committed any theft who sustain loss to the department he has liable to lifelong disconnection. Therefore, prayed that the Hon’ble forum may kindly be pleased to dismiss the complaint with exemplary costs in the interest of justice.
5. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is eligible for compensation as prayed by him or not?
ii. Whether there is negligence or deficiency of service on the part of the Respondents or not?
iii. To what relief?
6. On behalf of complainant Exs. A1 to A8 were marked and on behalf of Respondents Ex. B1 is marked.
7. Point Nos. I & II. As seen from documents filed by the Complainant on record it is very clear that there is theft of energy by tapping direct connection. Ex. B1 statement shows that there is theft of Rs. 50,000/- worth of energy by the Complainant. As seen from any angle of the complaint the Complainant had thefted the energy which amounts to Rs. 50,000/-. Ex. B1 showing the service No. 2622350000066 in the name of M. Konda Reddy, who is the Complainant, clearly shows that the bill was Rs. 60,906/- which was used by the Complainant illegally. Under section 134 to 140 of Electricity Act and section 126 of Electricity Act are not maintainable before this consumer form. So the complaint is dismissed without costs.
8. Point No. III. In the result, the complaint is dismissed without costs.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 04th day of August 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 P/c of Aadhar Card pertaining to the Complainant.
Ex. A2 Original invitation card.
Ex. A3 Original affidavit pertaining to the Mason who constructed the house of Complainant.
Ex. A4 Original cash bill bearing No. 456, dt. 26-3-2016 issued by the Chilipi Krishna Electronics and home needs, Badvel in favour of the Complainant.
Ex. A5 Assessment notice dt. 18-6-2016 issued by the R1.
Ex. A6 Original payment receipt d. 28-6-2016.
Ex. A7 P/c of Representation dt. 27-7-2016 given by the Complainant.
Ex. A8 Letter issued by the R3 to the Complainant.
Exhibits marked on behalf of the Opposite parties: -
Ex. B1 Statement the service No. 2622350000066 stand in the name of the Complainant M. Konda reddy and shown the theft amount of Rs. 50,000/- paid by him.
MEMBER PRESIDENT
Copy to :-
- Sri G. Trivikram Singh, Advocate for Complainant.
- Sri C.S. Riyazuddin, Advocate for Opposite parties.
B.V.P
