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, 17th day of March 2017
CONSUMER COMPLAINT No. 76 / 2016
K. Suseela, W/o K. Prabhakar Reddy,
D.No. 1/167, Chapadu Post,
Chapadu Mandal, YSR Kadapa, A.P. ….. Complainant.
Vs.
1. The Asst. Lineman, APSPDCL,
Chapadu sub-station, Chapadu Post and Mandal,
YSR Kadapa, A.P.
2. The Asst. Engineer, APSPDCL, Sub-station,
Chapadu, YSR Kadapa, A.P.
3. The Divisional Engineer, APSPDCL,
Mdukur, YSR Kadapa, A.P. ………Opposite parties
This complaint coming on this day for final hearing on 10-3-2017 in the presence of Sri K. Ramachandra Reddy, Advocate for Complainant and Sri C.S. Riyazuddin, Advocate for Opposite parties 2 & 3 O.P.1 appeared as in person 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:- The Complainant is the resident of Chapadu village having HSC bearing No. 261111000231 and paying electricity bills regularly. On 6-10-2015 old meter was replaced with new one and its changing slip was written FR 14911 and the date of exchange old meter with new meter dt. 6-10-2015. The lineman told that the Complainant has to pay old bill along with new reading in new meter i.e. 78 units + 48 units bill. After that in the month of July 2016 bill for Rs. 88,829/- was sent by the Electricity department. As, the Complainant was regular in paying electricity bills. There was no pending and the Complainant shocked by seeing the bills for Rs. 88,829/- Receipts of bill paid by the Complainant which was enclosed with the complaint. On 27-7-2016 the Complainant approached Asst. Engineer, APSPDCL, Chapadu for rectification of the electricity bills from Rs. 88,829/- to Rs. 33,837/-. The Complainant had not utilized the consumption for the amount of Rs. 33,837/- also, when the Complainant questioned about the same to the Asst. Engineer, APSPDCL, Chapadu electricity department had stopped the supply of electricity to the Complainant’s house. It is therefore, prayed that the there is lot of mental agony to the Complainants for excess of bill issued by the electricity department. So the Complainant filed complaint prayed the Hon’ble form to cancel excess electricity bill, to award Rs. 50,000/- for compensation and Rs. 5,000/- towards costs of the complaint from the Opposite parties in the interest of justice.
3. Counter filed by O.P.1 stating that as per direction of the Asst. Engineer, APSPDCL, Chapadu this O.P. was replaced new meter to the Complainant’s house on 6-10-2015 and the meter No. 742707 and reading was noted FR 14911. The same also noted in the changing slip also. The Complainant’s husband was present at the time of fixing the new meter in the place of old meter. So this O.P. prayed that the Hon’ble forum may be dismissed the case in the interest of justice.
4. Counter filed by O.P.2 & 3 that the complaint filed by the Complainant neither just nor maintainable either in law or on facts. The Complainant having service bearing No. 2611110000231 to his house. The lineman affixed new meter on 6-10-2015 in the place of old meter. The next bill dt. 11-11-2015 come the units 124 and the said bill was paid by the Complainant, in the month of July 2016 they used energy in her house; and calculated the total amount of Rs. 88,829/-. On 27-7-2016 the Complainant made an application before Asst. Engineer, APSPDCL, Chapadu on that on 20-10-2016 the said bill was revised as per the rules regulations of the electricity board as Rs. 33,837/-. The Complainant got knowledge of arrears of the amount to the department. As on the date of meter handed over to the LT authorities on the said old meter disclosed the units i.e. final reading 24911 instate of 14911. Hence, old photographs submitted for perusal of forum. The Complainant filed complaint before consumer grievances redressal form, Tirupati and it was number as 194/2016 and the same is dismissed, as the complaint pending before the forum. Therefore, prayed that the Hon’ble forum 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 her or not?
- Whether there is negligence or deficiency of service on the part of the Opposite parties or not?
- To what relief?
6. On behalf of complainant Exs. A1 to A7 were marked and on behalf of Opposite parties Exs. B1 to B6 were marked.
7. Point Nos. 1 & 2. As seen from averments of the complaint, counter and documents filed by both parties that the old meter was in the name of the Complainant. As per Exs. B1 & B2 old meter was changed and the new meter was fixed on 6-10-2015. As per documents filed by the O.P.2 and as per photographs and Ex. B3 it is very clear that there was a pending of electricity bill arrears by the Complainant. There is no proof filed by the Complainant that she had not used the electricity up to bill given by electricity department. So it is very clear as per the documents filed by the Opposite parties 1 & 2 that the Complainant was due to the department for the bill given by the Opposite parties. In the above circumstances the Complainant is not eligible for compensation as prayed by her, at the same time there is no deficiency of service or negligence on the part of the Opposite parties 1 to 3.
8. Point No. 3. 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 17th day of March, 2017.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Opposite parties : NIL
Exhibits marked for Complainant: -
Ex. A1 Original Electricity bills issued by the respondents from January, 2015 to
September, 2016 Service No.2611110000231 of K.Suseela.
Ex.A2 Original Electricity Receipts issued by the respondents from January, 2015 to July, 2016 Service No.2611110000231 of K.Suseela.
Ex. A3 P/c of statement of electricity Meter Units Riding from January, 2015 to
October, 2016.
Ex. A4 P/C of Computer on line data billing from 04/2004 to 7/2016. Issued by the respondents.
Ex. A5 P/c of Statement of particulars of New Meter issued by A.L.M. Chapadu
F.R.14911, IR 00001 .
Ex. A6 original discount bill dt 20-10-2016 for Rs.33837/- issued by respondents.
Ex. A7 P/c of letter from complainant to respondents dt.27-7-2016,
Exhibits marked on behalf of the Opposite party No.1: -
Ex. B1 P/c of Meter change slip dt 06-10-2015 issued by the respondents.
Ex. B2 P/c of Assistant lineman personal dairy copy of Old Meter and New Meter particulars..
Exhibits marked on behalf of the Opposite party No.2: -
Ex.B3 P/c of the Photo graph relating to service number 231 chapadu i.e. complainant disclose the units 24911.
Ex. B4 P/c of Revise bill issued by the revenue officer as per the requestion made by the complainant.
Ex. B5 P/c of the letter issued by the Assistant Commissioner, LT meter Kadapa, dated 18-01-2016 disclose the deferent units.
Ex. B6 P/c of the requesting letter made by the complainant along with meter
change slip.
MEMBER PRESIDENT
Copy to :-
- Sri K. Ramachandra Reddy, Advocate for Complainant.
- Sri C.S. Riyazuddin, Advocate for O.P. 2 & 3.
- The Asst. Lineman, APSPDCL, Chapadu sub-station,
Chapadu Post and Mandal, YSR Kadapa, A.P
B.V.P
