CHHATTISGARH STATE ELECTRICITY BOARD Vs. HARIKISHAN DAMMANI

JUDGEMENT

(1.) THIS appeal, under Section 15 of the Consumer Protection Act, 1986, arises out of the order dated 17.11.2000 passed in Complaint Case No. 36/98 by the District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter referred to as the District Forum for short) whereby the complaint was partly allowed.

(2.) ACCORDING to the facts narrated in complaint the complainant had obtained a domestic electricity connection, bearing service No. 014263, at his residence at Bharkapara, Rajnandgaon. He had let out two rooms of his house to Krishna Agency and consequently the opposite parties had converted his domestic connection into a commercial one and had charged higher tariff. The said Krishna Agency had obtained a separate connection in the month of March, 96 and the complainant had informed the Board in the month of March itself that he is using his connection solely for domestic purpose and had requested that the aforesaid service No. 014263 be again converted to domestic in the records of the Board. However, the opposite parties continued to charge for the consumption at commercial rates till the month of November, 96 and had thereby charged Rs. 14,634/ -, instead of Rs. 2,977/ - being the tariff at domestic rates. The complainant had paid the amount under protest and had repeatedly requested for refund of the excess amount charged by the Board. However, together with their letter dated 21.1.1997 the opposite party No. 2 had refunded a sum of Rs. 3,362/ - to the complainant but the remaining amount of Rs. 8,294.90 was neither refunded nor adjusted, hence the complainant had claimed the aforesaid sum together with interest @ 18% per annum aggregating to Rs. 10,600/ - with interest, costs and damages.

(3.) THE opposite parties had filed joint reply and had averred in their written version that in case a consumer who has obtained domestic connection is found to make use of electricity for commercial purpose the bill is issued at higher rate of tariff. It is further averred that no separate agreement for charging higher rate is necessary. As per the provisions contained in Clause 21 of the General Conditions of Supply of Electrical Energy in view of continued supply of electricity it is deemed that there has been a fresh agreement. Once the consumer is charged at a higher tariff (for commercial purpose) the same cannot be converted to domestic unless there is a fresh agreement between the parties for converting the connection to domestic one. It is also averred in the written version that the complainant had permitted supply of electricity to Krishna Agency and was thereby found to make commercial use of electricity though the connection had been obtained solely for domestic consumption. On coming to know of the same bills at higher tariff were issued. The complainant himself delayed to make fresh agreement for converting the commercial connection to a domestic one and that is why bills at commercial rates were issued though it is admitted that in the month of March, 96 the aforesaid Krishna Agency had obtained a fresh electricity connection for commercial use from the opposite parties. It is further averred that on the consumer s request for charging tariff at domestic rates he was told orally in very clear terms that for conversion of connection from commercial to domestic a fresh agreement is required to be executed and agreement fee is to be paid. It was only on 23.8.1996 that the complainant had paid Rs. 11/ - towards the said amount and after completion of various formalities thereafter the opposite party Board had granted permission on 24.9.1996 for converting the aforesaid service connection No. 014263 again to a domestic connection. Vide letter dated 21.1.1997 the opposite party Board had informed the complainant that since the fresh agreement achieved finality on 24.9.1996, the domestic rates will only be applicable thereafter. The Board had also adjusted the amount of Rs. 3,362/ - being the difference between domestic and commercial rates for the months of September and October, towards the bill for the month of November. It was further averred that the complainant is not entitled to recover the remaining amount of Rs. 8,294/ - or any interest thereon in view of the fact that fresh agreement for converting the connection to domestic was necessary and it was the complainant who was liable for taking necessary steps in the said direction.