THE KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM.
APPEAL NO - 333/2014
JUDGMENT DATED. 30/11/2015
(Appeal filed against the order in CC. No. 118/2011 on the file of CDRF, Kottayam)
PRESENT:-
SMT. A. RADHA : MEMBER
SRI. K. CHANDRADAS NADAR : JUDICIAL MEMBER
SMT. SANTHAMMA THOMAS : MEMBER
APPELLANTS:
- Kerala State Electricity Board,
Represented by its Secretary,
Vaidyuthi Bhavan, Thiruvananthapuram.
- Assistant Engineer,
Electrical Section
Kidangoor, Kottayam.
(By Adv. B. Sakthidharan Nair)
V/S
RESPONDENT:
Sony George,
Vaithundathil House,
Punnathura P.O,
Kottayam District- 686 583
(By Adv. K.L. Sree)
-2-
JUDGMENT
SMT. A. RADHA: MEMBER
1. Appellants are the opposite parties who preferred this appeal against the order in CC. No.118/2011 on the file of Consumer Disputes Redressal Forum, Kottayam .
2. The complainant is a Consumer of opposite parties having Consumer number 11479 under LT-4 tariff . The complainant was running a seasonal business of manufacturing bricks as self employment for his livelihood. On 11-03-2011 the Anti Power Theft Squad inspected the premises of the complainant and prepared a Mahazar stating that the complainant is using a pump set, water pump and two CFL bulbs to the excavation and sale of sand by committing theft of power. The site mahazar was prepared and the complainant signed the same. Being a seasonal work, the manufacturing of bricks completed in the month of May and the connection was disconnected on application by the complainant. The
-3-
complainant filed an application to the second opposite party on 28-07-2010 requesting for reconnection of electricity . Subsequently on 04-08-2010 the complainant obtained a statutory permit from the Department of Mining and Geology to excavate sand from his property. After reconnection of electricity the complainant was regularly paying electricity charges under LT-IV tariff fixed by the second opposite party. It is the statutory duty of the opposite party to fix the tariff according to the requirements. The APTS officials conducted the inspection on 11-03-2011 and issued a penal bill for
Rs. 1,90,566/- to the complainant changing the tariff to
LT VII A . The objection filed under section 126 (3) of Electricity Act stating that the complainant had not misused electricity connection. The electricity connection was reconnected only in the month of August 2010 and the penal assessment was made for a period of one year preceding March 2011. It is alleged that the complainant was directed to pay fixed charges and current charges for a period during which
-4-
there had no electric connection to his premises at all. The second opposite party modified the penal bill from
1,90,566/- to Rs. 1,70,814/- with a direction to remit the penal amount in order to avoid disconnection. The act of opposite party in calculating the bill is arbitrary and the same is to be cancelled. The complaint is filed to cancel the bill and also to pay compensation for the mental agony sustained by the complainant due to unfair trade practice committed by the opposite parties.
3. The opposite parties filed version contending that the complainant indulged in misuse of energy and an assessment was made and issued bill for Rs. 1,70,814/- as per law. The complainant is at liberty to file appeal before the appellate authority under section 127 of electricity Act. It is admitted that the complainant was having 3 phase electric connection with an authorized connected load of 22900 watts (23 KW) under LT IV for industrial purpose for manufacturing
-5-
of brick. On inspection conducted on 11-3-2011 it is found out that the complainant was using electricity for the excavation and sale of sand which is a commercial activity and comes under LT VII A tariff. The site mahazar prepared and was acknowledged by the complainant. Consequent to the objection filed on the provisional assessment a hearing was conducted by the assessing officer and the final assessment comes to Rs. 1,70,814/-. The service connection was under requested disconnection from 6/2009 to 7/2010. The connection was reconnected on 29-07-2010. There had no request for change of tariff. Since excavation of sand is a part of manufacturing bricks the request was considered and reconnected the existing tariff . The complainant got the permit for excavation of sand only on 04-08-2010 that is after getting reconnection in the existing tariff. The tariff of electric connection remained in the existing tariff till detection of misuse. The extraction and sale of sand being a commercial
-6-
activity the electric supply has to be calculated under LT VIIA (Commercial Tariff). The period under disconnection was not
included for assessment in the final bill. The complainant had to approach the appellate authority without exhausting the statutory remedy. On detection of misuse of electricity, prepared site mahazar and final bill was issued according to the provisions of Electricity Act. Hence the allegations of the complainant is only to be discarded.
4. Both parties filed affidavit and marked documents as Exbts. A1 to A10 and Exbts. B1 to B7 on the part of complainant and opposite party respectively.
5. Heard both sides in detail and gone through the documents. Admittedly the complainant was having electricity connection under LT IV tariff for manufacturing bricks for industrial purposes. Being a seasonal work the electricity connection was disconnected in May 2010 on the request of the complainant . Thereafter the connection was reconnected on
-7-
28-07-2010. The Anti Power Theft Squad found out that the complainant was using the electric connection for excavation and sale of sand which is a commercial purpose and prepared
the site mahazar and issued a penal bill for Rs. 1,90,566/-. Consequent to the objection filed by the respondent, the request was considered and issued a final bill for Rs. 1,70,814/- . The reconnection of electricity was made on 28-07-2010 whereas the permit for extraction was obtained on 04-08-2010 only. This clearly evidences that the respondent had not requested for change of tariff before the appellant until the detection of misuse energy. Under section 126 of Electricity Act the officials of the electricity board is entitled to issue penal bill for misuse of energy. The manufacturing of bricks comes under LT IV tariff whereas the excavation of sand and sale is purely commercial in nature which comes under LT VII A tariff. As per regulation 50(9) of KSE Board terms and conditions of supply, if the Consumer uses energy for a specific purpose under a particular tariff for a different purpose not contemplated in the contract for
-8-
supply and for which higher tariff is applicable without the board’s knowledge and approval, the same will be treated as unauthorized use of energy and shall be provisionally assessed under section 126 of Electricity Act. Hence the respondent is liable to pay the final bill issued by the opposite party. The respondent is at liberty to appeal under section 127 of the electricity act. The District forum failed to consider that the fixing of tariff exclusively comes under the electricity board and failed to consider that sale of sand is a commercial activity for which the appropriate tariff comes under LT VII A. Hence we find that there is no deficiency of service and complainant is liable to pay final bill.
6. In the result, appeal is allowed setting aside the order passed by the Forum Below.
7. Office is directed to send a copy of this order to the Forum Below along with LCR.
A. RADHA : MEMBER
K. CHANDRADAS NADAR : JUDICIAL MEMBER
SANTHAMMA THOMAS : MEMBER
