ASSISTANT ENGINEER, ELECTRICAL SECTION, KSEB Vs. B KAMARUDEEN

JUDGEMENT

(1.) THIS appeal is preferred from the order dated 22.1.2009 in CC.34/07 in the file of CDRF, Palakkad. The complaint was filed by the respondent herein as complainant against the appellants as opposite parties whereby the Forum below cancelled the disputed bill and directed the opposite parties to adjust the said amount in future bills.

(2.) THE case of the complainant is that he is a commercial consumer of the opposite parties and was paying the charges as per the tariff fixed. Complainant has once used the electric connection from the shop by way of extension to his dwelling house on experimental basis and on 6.2.2007. APTS detected the unauthorized use of electricity and a penal bill for Rs. 13,500 was issued to him. According to the complainant it is issued without complying the provisions of Electricity Act, 2003 . In order to avoid disconnection he remitted the amount in 2 instalments. According to the complainant, the opposite parties are entitled to charge only 1 times the tariff applicable for domestic connection. Hence he filed complaint before the Forum.

(3.) THE opposite parties filed version stating that the complainant was given electric connection to his shop building under commercial tariff VII B. The complainant subsequently constructed the dwelling house in connection with this commercial shop and applied for electric connection to his house and was waiting for electric connection under domestic tariff for a connected load of 1580 watts. On the suspicion of misuse of energy a surprise site inspection was conducted by the opposite parties and detected the unauthorized use of energy. On further inspection, it was found that the power meter connection at the shop was faulty and it was not according to the consumption. A site mahazer was prepared but the complainant s son refused to sign the mahazer. After the inspection a penal bill for Rs. 13,500 was issued and this was as per rules and regulations of KSEB and there was no deficiency in service on their part and prayed for dismissal of the complaint.