IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 29th day of February, 2016
Filed on 30.3.2013
Present
1.Smt. Elizabeth George (President)
2.Sri. Antony Xavier (Member)
3.Smt.Jasmine.D. (Member)
in
C.C.No.106/2013
between
Complainant:- Opposite Parties:-
Smt. Subhashini 1. The Asst. Engineer, KSEB
W/o Vidyadharan Electrical Section
Deepa Bhavanam Mulakkuzha – Chengannur
P.O. Kozhuvalloor Alappuzha District
Mulakkuzha Village
Chengannur Taluk 2. The Executive Engineer
Alappuzha District KSEB., Electrical Division
(By Adv. Raveendran Nair) Chengannur, Alappuzha Dt.
(By Adv. Jayan C. Das)
3. The Deputy Tahsildar
Revenue Recovery
Chengannur Taluk
Alappuzha District
4. The Village Officer
Mulakkuzha Village
Chengannur Taluk
Alappuzha District
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainant is as follows:-
The complainant was consumer bearing No.4785 of the opposite parties 1 and 2. Complainant had filed CC/No.164/2010 before the Consumer Forum, Alappuzha challenging the electricity bill issued by the opposite party. The Hon’ble CDRF issued an order on 31.10.2011 thereby the opposite party is directed to issue bill taking into account the average monthly charge energy consumed by the complainant in the immediate last 3 months prior to the bill dated 19.12.2010. Accordingly the opposite party issued a bill for Rs.2186/- and the complainant remitted the bill amount. Complainant received a demand notice for Rs.15,083/- from the third opposite party. After the verdict of the Hon’ble CDRF dated 31.10.2011 the opposite party claimed through a fake bill for Rs.15,083/- on account of the theft of electricity. The opposite party has no right to issue such a bill. Alleging deficiency in service on the part of the opposite parties the complaint is filed claiming to cancel the bill dated 1.3.2013 along with compensation of Rs.50,000/- and cost of Rs.3,000/-.
2. The version of the opposite parties 1 and 2 is as follows:-
The complaint is not maintainable. The detection of theft of energy is not a deficiency in service on the part of the opposite parties. On 11.7.2010 at about 4 p.m. a Sub Engineer in charge inspected the premises of the complainant and found that a lead wire connected directly in between the incoming thermal connector point and cut out fuse of the meter and thereby passed the meter so as to cease the regarding of consumption of electricity consumed by the electrical installation in the consumer premises. Hence a detailed mahazor was prepared, pursuant to the detection of the theft of energy a provisional assessment was made for Rs.73,467/-. Complainant filed objection and accordingly a final order of assessment of Rs.24,905/- was issued on 14.7.2010. Thereafter complainant filed complaint before the CDRF., Alappuzha as CC/No.164/2010 and as per the order of the Hon’ble CDRF revised bill for Rs.2186/- was issued on 31.1.2012. While sanctioning the statement of facts for the case, Secretary, KSEB vide letter No. LFIV/9309/2010/27.11.2010 directed a fresh bill and also directed to file a private complaint before the District Court regarding the theft of energy. Accordingly a revised assessment for additional load and theft of electricity was issued on 19.1.2011 for Rs.7,891/- and Rs.15,644/- respectively. The complainant had not remitted the amount assessed under theft of energy amounting to Rs.15,644/- issued on 19.1.2011. On verifying the records it was found that the complainant had not remitted the assessment given for theft of electrical energy not filed any appeal before the Appellate authority a notice for remitting Rs.15,644/- was issued to the complainant. Complainant is not entitled to get any relief sought for in the complaint.
3. Notice against the opposite parties 3 and 4 were served, but they did not file any version.
4. Complainant was examined as PW1. Documents produced were marked as Exts.A1 to A4. The first opposite party examined as RW1. The documents produced were marked as Exts.B1 to B13.
5. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) If so the reliefs and costs?
6. It is an admitted fact that complainant was a consumer bearing No.4785. Complaint is filed challenging the revenue recovery proceedings initiated against the complainant by the Executive Engineer, Chengannur pertains penal bill in theft of electricity for Rs.15,664/-. According to the complainant she had filed a case before the Hon’ble CDRF., Alappuzha challenging the bill dated 14.7.20110 AND 9.12.2010. In order to substantiate that allegation, complainant produced the order of the Hon’ble CDRF., Alappuzha in CC/No.164/2010 as Ext.A1. On perusing Ext.A1 we came to see that the complaint is filed by the same complainant challenging the bill dated 9.12.2010 for an amount of Rs. 7,891/-. Opposite party filed version stating that complaint is not maintainable, since the complainant’s grievance is as to theft of energy. The bill dated 9.12.2010 for Rs.7,891/- was issued after cancelling the bill dated 14.7.2010 for Rs.24,905/-. Hon’ble Forum after discussing all the matters, passed an order cancelling the bill dated 9.12.2010 and opposite party is directed to issue a bill taking into account the average monthly charge of the energy consumer by the complainant in the immediate last three months prior to the material Ext.A3 bill and shall recover the same from the complainant. Thereafter opposite party by abiding the order of the Hon’ble Forum issued a bill for Rs.2,186/- and complainant remitted that amount. According to the opposite party while sanctioning the statement of facts for the case Secretary, KSEB vide letter No. LFIV/9309/2010/27.11.2010 directed a fresh bill and also directed to file a private complaint before the District Court regarding the theft of energy. Accordingly a revised assessment for additional load and theft of electricity was issued on 19.1.2011 for Rs.7,891/- and Rs.15,644/- respectively. The complainant had not remitted the amount assessed under theft of energy amount to Rs.15,644/- issued on 19.1.2011. It is pertinent to notice that in CC/No.164/2010 Hon’ble Forum as per the order cancelled the bill dated 9.12.2010 for Rs.7,891/- after considering all the issues. There was no murmuring by the opposite party about the direction of the Secretary, KSEB vide letter No. LFIV/9309/2010/ 27.11.2010 for filing private complaint before the District Court. Apart from that not even a scrap of paper produced regarding the private complaint filed before the District Court regarding the theft of energy. Whether the bill for Rs. 15,644/- dated 19-01-2011 issued to the complainant is served is also not proved by the opposite party. More over as per Section 56(2) of Electricity Act, 2003 no sum due from any person shall be recoverable after a period of 2 years from the date when such sum became first due. In this case, the Ext.B11 notice dated 30.6.2012 for Rs.15,644/- is issued to the complainant regarding the theft of electricity as per the letter No. LFIV/9309/2010/27.11.2010 /27.11.2010. Hence we are of considered view that opposite party has no right to issue a bill for Rs.15,644/- alleging theft of energy by the complainant.
In the result, Ext.B11 notices dated 30.6.2012 is cancelled. The opposite parties 2 and 3 are restrained from initiating any revenue recovery proceedings under the influence of opposite parties 1 and 2 against the complainant with respect to the bill of Rs.15,644/-. Since the complainant had been harassed by the opposite parties, the opposite parties 1 and 2 should also make payment of a sum of Rs.5000/- (Rupees five thousand only) as compensation and Rs.2000/- (Rupees two thousand only) towards costs of this proceedings to the complainant The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by her corrected by me and pronounced in open Forum on this the day 29th of February, 2016.
Sd/- Smt. Elizabeth George (President):
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt. Jasmine.D (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Subhashini (Witness)
Ext.A1 - Copy of the judgment of CDRF, Alappuzha dated 31.10.2011
Ext.A2 - Copy of the bill for Rs.2186/-
Ext.A3 - Copy of the demand notice dated 1.3.2013
Ext.A4 - Copy of the demand prior to attachment of land dated 1.3.2013
Evidence of the opposite parties:-
RW1 - Madhusoodanan. N.V. (Witness)
Ext.B1 - Copy of the mahazor
Ext.B2 - Copy of the bill for Rs.73,467/-
Ext.B3 - Copy of the complaint before the S.I. of Police, Chengannur
Ext.B4 - Copy of the Form 1 B
Ext.B5 Application from the complainant before the KSEB, Mulakkuzha
Ext.B6 - Copy of the bill for Rs.24,905/-
Ext.B7 - Copy of the letter 24.7.2012
Ext.B8 - Bill for Rs.7891/-
Ext.B9 - Copy of the bill for Rs.2186/-
Ext.B10 - Copy of the letter dated 14.2.13
Ext.B11 - Copy of the bill for Rs.15,644/-
Ext.B12 - Copy of the proceedings dated 31.1.2012
Ext.B13 - Copy of the proceedings dated 19.1.2011
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
