Date of Complaint : 06/01/2015

                                  Date of Disposal :27/01/2016

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

 JUDGEMENT BY SRI.V.A. PATIL, PRESIDENT

O R D E R

     The complainant has filed this complaint under section 12 of Consumer Protection Act, against the opponents alleging the deficiency of service and further prays for waiver of the bill issued for the month of January 2014.

1. The factual aspects of this case in nutshell are that, the complainant is now working as Head Constable at Gonikoppa Police Station.Three years back he built a residential house at Arji Village in Virajpet Taluk and got the electricity connection under R.R.No.AJAEH 28758, and got monthly bill for the sum of Rs.150-200, and the same is regularly paid by the complainant within time and there are no arrears of any electricity bill in respect of the said R.R Number supra.

    

        Further the complainant states that in the month of April 2013 he has transferred to Gonikoppa Police Station, and since April 2013 he is residing at Gonikoppa Village and no body was residing in the house at ARJI Village.  Hence, since April 2013 to December 2013, the electricity meter shows the reading as 2490.  The opponents have not paid the minimum bill for the said period.  But in the month of January 2014, when the complainant visited the opponents office for payment of minimum bill for the period of April to December 2013, the complainant shocked to hear that the above said meter shows that the complainant, utilized 43,234 units of electricity and he has to pay the bill for Rs.2,29,167/- and regarding the said bill the opponents have not given any proper explanation, except to make the payment of bill amount of Rs.2,29,167/-.  After that in the month of April 2014 the opponents have disconnected the supply.  Thereafter in the month of May 2014 the complainant wrote a letter to the opponents requesting for the reconnection and to wave off  the above said bill, and to rectify the defective meter.  Hence, on 26/06/2014 complainant wrote a letter to the opponents, which was not properly answered by the opponents.  Under these circumstances the complainant has left no other alternative except to approach this Forum seeking the remedy for his grievances.

    

2. After the service of notice the opponents appeared through their council and filed the objections as below;

    

          Opponents admit that the complainant is the consumer, under RR No.28758 and further admit that complainant is receiving the bill for Rs.150/- to 200/- per month.  But denies the no arrears of bill and further denies that the complainant has not used the electricity from April 2013 to December 2013.  Further opponents admit that the meter shows the consumption of 43234 units on 04/01/2014 and further says that there is no fault in the meter and there is no deficiency in service and prays for dismissal of complaint.

    

3. The complainant and the opponents have filed their respective affidavits, objections and arguments.On going through the same the points that arise for our consideration are as below

    

4. Whether there is deficiency in service on the part of the opponents as alleged in the complaint?

5. Whether the complainant is entitle for the reliefs sought?

6. What order?

    

       The findings on the above points are as follows;

    

          Point No.1 – Affirmative

          Point No.2 – Partly affirmative

          Point No.3-  As per the final order

    

   R E A S O N S

    

7. Points No.1 & 2 :- It is the case of the complainant that he is now working as Head Constable at Gonikoppa,  and three years back he built a residential house at Arji Village, where he was previously working.  In the month of April 2013 he was transferred to Gonikoppa Police Station and since from the date of his transfer he is residing at Gonikoppa Village and no body is residing in the house at Arji Village.  Hence, since April 2013 to December 2013 the meter No.R.R. AJAEH-28758 shows the reading as 2490.  The opponents have even not paid the minimum bill for the said period.  But in the month of January 2014 when the complainant visited the opponents office for payment of the minimum charges of bill for the said period, the complainant is surprised to hear that he has utilized 43234 units of electricity and he has to pay the bill for Rs.2,29,167/- and no other explanation is given and the opponents disconnected the supply. In the month of  May 2014 the complainant wrote the letter to the opponents to rectify the defect in the meter and to reconnect the supply and to waive off the said bill for Rs.2,29,167/-.  As the complainant did not receive any proper response from the opponents, he approached this Forum seeking the remedy for his grievance as shown in the complaint. 

    

8. On verification of the complaint coupled with the documents and the objections of the opponent, it is evident that, the complainant is the customer / consumer under R R No.28758, further OP admits that the complainant was receiving the bill for Rs.150/- to 200/- per month.But the OP denies that the complainant is not used electricity from April 2013 to December 2013.But the leger extract of R R No. AJAEH 28758 shows that on 04/04/2013 the reading was 2490 and the consumption of electricity is only 14 units.Further from 04/05/2013 to 04/12/2013 the said meter shows the same reading as on 04/04/2013 and ‘O’ (zero) units of consumption.But suddenly on 04/01/2014 the meter shows the reading as 45724 and the consumption of 43234 units.It is the contention of the opponents that, immediately after the receipt of the letter from the complainant, the opponents referred the matter to the inspection team (LT Rating)and they inspected the meter and they do not found any fault in the meter.Further the opponents suspect any grounding in the interior wiring of the house or any grounding of appliances like water pump, machinery etc.

    

        On verification of the documents it is shown that there is a consumption of 43234 units in between 04/12/2013 to 04/01/2014, but prior to 04/12/2013 there is no consumption of electricity and reading shows ‘O’ (zero) units.  Further opponents admit that no body is residing in the said house.  Therefore it is clear that there is a defect in the meter.  The opponents have not produced any document or report issued by the inspection Team (LT rating) to defend their case.

    

        Hence, under these circumstances we are of the opinion that, there is fault with the meter, and the opponents have utterly failed to prove that the complainant has utilized so much of units of electricity, within one month and also failed to prove their defence.  Hence, the complainant is entitled for the reliefs as claimed in the complaint.  Hence, we answer the points No.1 and 2 in partly affirmative.   Hence, in the final result we proceed to pass the following;

   O R D E R

    

9. The complaint is partly allowed and opponents are directed to waive off the bill dated 04/01/2014 for the sum of Rs.2,29,167/-.

10. The opponents are directed to collect the minimum bill for the previous six months from the date of this order.

11. The opponents are directed to continue the electricity connection which is already provided as per the order dated 12/03/2015 and to givedetailed regular monthly bill.

12. Opponents are directed to pay a sum of Rs.3,000/- towards mental agony and Rs.2,000/- towards cost of this complaint.

13. The opponents are directed to comply the above order within thirty days from the receipt of the copy of the order.

14. The complainant is at liberty to recover the same as per the law provides.

15. Issue certified copies of this order at free of cost to the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this  27^th  day of January 2016)

             (LATHA M.S.)           (V.A. PATIL)     (K.D. PARVATHY)

               MEMBER                PRESIDENT        MEMBER

             ANNEXURE