DATE OF FILING : 6.6.2012
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 27th day of August, 2012
Present :
SRI. LAIJU RAMAKRISHNAN PRESIDENT
SMT. BINDU SOMAN MEMBER
SMT. LIZAMMA ABRAHAM. K. MEMBER
CC NO.114/2012
Between
Complainant : P. Kumar,
New Division, Periakanal Estate,
Munnar P.O.,
Idukki District – 685 612.
And
Opposite Parties : 1. The Manager,
Engineering Department,
M/s KDHP Co. Pvt. Ltd.,
Munnar,
Idukki District – 685 612.
2. The Senior Manager,
Periakanal Estate,
Munnar P.O.,
Idukki District – 685 612.
(By Adv: P.J. Kurain)
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant is a permanent worker of Periakanal Estate, owned by the Tata Tea Ltd., Munnar with his family. The electric power connection of the complainant's line unit was disconnected by the men under the respondents on 16.4.2012, at about 10.30 am, when the complainant and his wife were not in the line unit and only a guest was there. Immediately after knowing the same, he met the Field Officer of New Division, who asked to make a complaint in writing to the Manager of the 2nd opposite party. It was done by the complainant on 17th morning and the Management Assistant called the complainant and required to modify the complaint and that was done by the complainant. There is no due to the electricity charges by the complainant to the opposite parties and the electricity charge is deducting from his wages in every month with an average of Rs.250/- by the 2nd opposite party. The line unit was allotted to the complainant during May 2009 and prior to that a big room was allotted and when the full unit was allotted in the month of May 2009, it was noticed that the meter was faulty and a complaint has made against the same, but no action has been taken by the opposite party. The
(cont...2)
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complainant who is a witness in the case filed against the respondents as No.C.2079/05 before the Lok Ayuktha, Trivandrum, against the unfair practices of the opposite party and the witness schedule was received to him. While the complainant was in the field, one Vijayakumar, a Management staff came from Munnar to inspect the premises and it is claimed that, based on his complaint only the power connection is disconnected. The reason not known to the complainant, what prompted the said Officer, who is working in the Industrial Relations Department to visit, without any notice or information to the line unit of the complainant and order to disconnect the power supply. Three CFL bulbs including a tube are using by the complainant and also there is no violation of any of the provisions in respect of the Supply Rules was committed by the complainant. There is no excess utilisation of energy from the part of the complainant. In the month of January, the charges was Rs.45.55/-, in February 2012 it was Rs.211.10/-, in March 2012 the charge was Rs.326.70/- and in April 2012, it was Rs.326.75, as per the slips of recovery. So this petition is filed for getting reconnection of the power supply to the unit with compensation.
2. The opposite parties filed written version stating that this petition is filed suppressing the real facts and raising false allegations. There is an equally effective forum constituted and functioning in Munnar under the Electricity Act and the complainant has approached this Forum instead of preferring complaint before that Forum with malafide motives only to harass the opposite parties. The complainant is allotted with a line unit for his residence as worker of the company as per the Plantation Labour Act and Rules and is provided with electricity. The complainant is bound to follow the provisions in the Electricity Act and Supply Rules and keep the Electric meter fixed to his line unit in tact. In case of default to intimate the estate authorities in time. Here it is noticed by the visit of the opposite party in the month of April 2012, the seal of the electric energy meter was broken with the consumer No.13493 fixed to the line unit of the complainant and it was tampered to show reduced monthly consumption. When electrical devises of the licenser are tampered with by a consumer, the supplier is empowered to disconnect electricity to the line unit and can initiate action for realising penal charges based on actual consumption after written intimation to the consumer. So intimation in writing was given to the complainant on 14.4.2012 regarding tampering with the meter, disconnected the electricity and initiated proceedings for realising penal charges. By letter dated 20.4.2012 penal charges levied is intimated to the complainant directly in the muster. But the complainant refused to accept both the letters, but instead misbehaved before the authorities and never paid the penal charges. The complainant is bound to pay the penal charges imposed by the opposite parties and the opposite parties are ready to reconnect electricity on getting the penal charges from the complainant and there is no deficiency from the part of the opposite parties.
3. The point for consideration is whether there was any tampering on the energy meter reading was done by the complainant ?
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4. The evidence consists of oral testimony of PW1 and Exts.P1 to P5 marked on the side of the complainant and oral testimony of DWs1 and 2 and Exts.R1 and R2 marked on the side of the opposite parties.
5. The POINT :- The complainant produced evidence as PW1 and the salary slips issued to the complainant in the month of March is marked as Ext.P1 and in the month of April is also marked as Ext.P2, in which the electricity charges are also deducted. Power connection to the complainant's line unit was disconnected by the opposite party without any reason, so that a complaint was given to the Manager of the opposite party by the complainant and copy of the complaint with the English translation is marked as Ext.P3(series). Copy of the electricity bill issued by the opposite party dated 5.6.2012 is marked as Ext.P5. Ext.P4(series) are the copies of the salary slip of the complainant in the month of May and June. It is admitted by the complainant that notices are issuing at the master by the opposite party, but no notice has been issued on 16.4.2012. While cross examination by the learned counsel for the opposite parties, PW1 stated that he will not get justice from the Redressal Forum constituted at Munnar by the opposite party, so that he approached this Forum.
The 2nd opposite party appeared and produced evidence as DW1. The letter issued to the complainant stating that tampering of electric energy meter was found while inspection of the opposite party and the complainant was directed to pay the penal charges and notice dated 14.4.2012 is marked as Ext.R1. After giving notice to the complainant, another notice was issued by the Assistant Field Officer on 20.4.2012 with a penal charge of Rs.2943/- which is marked as Ext.R2 and both notices were refused by the complainant and they were sent to the office of the opposite party. It is admitted by the opposite party while cross examination by the authorised agent of the complainant that there was an agreement between the complainant and the opposite party for the sale of orange in the estate in which an advance amount of Rs.3,20,000/- was paid by the complainant. But the opposite party stopped the work and the work was taken over by the opposite party themselves. So Rs.500/- is deducting from the salary of the complainant from 2009 onwards and an outstanding amount is due to the company by the complainant and that dispute is pending. It is suggested by the authorised agent of the complainant that only after withdrawing that dispute in Lok Ayuktha, the opposite parties are ready to reconnect the electricity. It is admitted by the DW1 that 3 bulbs and 2 plug points are connected to a line unit.
The Technical Officer of the opposite party produced evidence as DW2. He has conducted inspection in the premises of the complainant. There is no reason for inspection on that day. The complainant's connection was disconnected by DW2 on 14.4.2012. The seal of the meter was dismantled and screw of the meter was also seen mobiled. No police complaint has been given, eventhough the relative of the complainant obstructed to take photograph of the same.
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As per the complainant, the electrical connection of the complainant's line unit was disconnected by the opposite party deliberately without any reason while there was no electricity dues. The allegation of the complainant is that he has given a complaint before Lok Ayuktha against the opposite party in transaction with a business of plucking and sale of orange in the estate. So it was also informed to the complainant by the Field Officer that only after withdrawing the complaint, the power connection will be reconnected. Exts.P1, P2, P4 and P5 shows that the complainant was paying the electricity bills promptly.
There is no dispute regarding the bills issued by the opposite parties. But as per the opposite parties, the complainant tampered the energy meter fitted in the line unit of the complainant and while inspection of the opposite party, it was found tampered, seal was removed and the seal was also dismantled. So that they issued a notice to the complainant and also a penal bill was charged against the same for an amount of Rs.2,943/- and after the payment of the same only the reconnection could be given. Exts.R1 and R2 notices were refused by the complainant. DW2 has deposed that he has conducted the inspection and disconnected the electrical connection of the complainant's line unit. As per the opposite party, the complainant has consumed higher electrical energy so that he tampered the meter to reduce the meter reading. On cross examination by the authorised agent of the complainant, it is deposed by DW1 that only 3 bulbs and 2 plug points are supplying to the line unit. But electrical appliances can be used.
But we think that the opposite parties never produced any mahazar regarding the tampering of the meter or never prepared a mahazar as per the Electricity Act. They never filed a police complaint and it is also admitted by the DW2 that no police complaint has been given. If there is a theft of electricity and tampering of the electrical energy meter has been done by the complainant, the opposite parties ought to have prepared a mahazar regarding the same and should have also file a police complaint regarding the same. But nothing has been done by the opposite parties, no photographs of the tampered meter taken or any such tampered meter has been taken in the custody of the opposite party while inspection.
As per the Section 135 of the Electricity Act, 2003, theft of Electricity :
Whoever, dishonestly:-
(a) taps, makes or causes to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; or
(b) tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or
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…..................................................................................................................
Any officer authorised in this behalf by the State Government may -
( a) enter, inspect, break open and search any place or premises in which he has reason to believe that electricity [has been or is being] used unauthorisedly;
( b) search, seize and remove all such devices, instruments, wires and any other facilitator or article which [has been or is being] used for unauthorised use of electricity;
( c) examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under subsection (1) and allow the person from whose custody such books of account or documents are seized to make copies thereof or take extracts therefrom in his presence.
The occupant of the place of search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list.
So there is no evidence produced by the opposite parties to show that such search or seizure or inspection has been conducted by the opposite parties and to such tampering has been done by the complainant. So we are in a view that the version of the opposite parties is not at all believable and the electrical connection may have disconnected due to any other reasons. The opposite party should reconnect the electrical connection of the complainant if there is no due for the electricity for the consumption of the complainant other than the penal charge issued by the opposite party. As per IA No.45/2012, the electrical connection of the complainant's line unit has been reconnected by the opposite party.
Hence the petition allowed. The opposite parties are restrained from disconnecting the electrical connection of the complainant's line unit as consumer No.13493, as per Exts.R1 and R2, if there is no dues for the bills for the consumption of electricity. The opposite parties are also directed to pay Rs.1000/- as cost of this petition, to the complainant within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 27th day of August, 2012
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. BINDU SOMAN (MEMBER)
Sd/-
SMT. LIZAMMA ABRAHAM. K. (MEMBER)
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APPENDIX
Depositions :
On the side of the Complainant :
PW1 - P. Kumar.
On the side of the Opposite Parties :
DW1 - V.S. Krishna Rao.
DW2 - R. Sivakumar.
Exhibits :
On the side of the Complainant :
Ext.P1 - Copy of the salary slips issued to the complainant in the month
of March, 2012.
Ext.P2 - Copy of the salary slips issued to the complainant in the month
of April, 2012.
Ext.P3(series) - Copy of the complaint given by the complainant to the Manager
of the opposite party and its English translation.
Ext.P4 - Copies of the salary slip of the complainant in the month of
May and June.
Ext.P5 - Copy of the electricity bill issued by the opposite party
dated 5.6.2012.
On the side of the Opposite Parties :
Ext.R1 - Copy of the notice issued by the opposite parties dated 14.42012.
Ext.R2 - Copy of the notice issued by the opposite parties dated 20.42012.
