M. C. MAMMEN Vs. KSEB

JUDGEMENT

(1.) Appellant is the petitioner in O. P. 3051 of 1994. He is a consumer of electrical energy from the Kerala State Electricity Board. He was served with bills for the period August 1993 to January 1994 for Rs. 8,387/-. He made enquiries with the respondents regarding the bill and disputed it. No definite reply was given. Appellant challenged Ext. P2 bill on the ground that the energy recorded in the meter was not proper.

(2.) Contention of the respondents is that on inspection by the Anti Power Theft Squad it was found that 'B' phase of the meter was not recording the current passing through it on account of faulty connection and hence the appellant was charged 50% of the recorded consumption in addition "from June, 1993 onwards as provided in Clause.42(d) of the Conditions of Supply of Electric Energy framed by the Board and so the supplementary bill issued to him is proper.

(3.) Learned Single Judge held that though there was no defect in the meter, the connection given to the appellant was faulty. Contention of the respondents that on inspection by the Anti Power Theft Squad, it was found that 'B' phase of the meter was not recording the current passing through it on the account of faulty connection and this fault was rectified and thereafter the current consumption increased by almost 1/3rd and it was on that basis the supplementary bill was issued was accepted by the learned Single Judge. The learned Single Judge further held that under S.26(6) of the Indian Electricity Act, a reference could be made to the Electrical Inspector only when a dispute arises as to whether any meter is correct or not and if there was faulty connection and one phase was not working, owing to that fact, it cannot be said that there was mistake in the meter and the mistake if any should be attributed to the faulty connection. Accordingly, the learned Single Judge directed the appellant to pay Rs. 4,000/- towards Ext. P2 bill within a month and observed that he may file appeal against Ext. P2 within a period of three weeks.