VANI TALKIES Vs. SECRETARY KARNATAKA ELECTRICITY BOARD

JUDGEMENT

(1.) The complainant is running a Picture House called 'vani Talkies' at Kanakapura for the last 30 years. The respondents are supplying electricity to the said Talkies. The sanctioned load is 11 K. W. On 3.10.1989 the complainant deposited the required fee for testing the meter of the said Talkies which according to him was defective. It was taken for testing on 6.10.1989 and new meter was installed. According to the complainant, due to the said defective meter he has paid Rs.3,00,000/- more right from 1974 onwards. Hence this complaint for refund of the said amount.

(2.) The complaint is resisted by the respondents by contending inter alia that the complainant had tampered with the meter and that the meter was not defective. At the request of the complainant, we had sent the said meter for testing to the Electrical Inspectorate of Government of Karnataka. He has sported that the said meter is defective and it is running fast and he has also given percentage in his report. The respondents fixed a tested meter and they took the meter readings for the four shows exhibited daily in that theatre in the presence of the complainant. According to the respondents, out of the 29 fans fixed in the said theatre only 13 fans were working and the Neon lights and the water pump were not working. According to the report of the respondents about 70 units will be consumed for four shows together if all the 29 fans are working. According to the complainant daily consumption will be only about 60 units. Under the circumstances, we take that atleast 65 units will be consumed for four shows in that theatre. On that basis, the complainant will be entitled to a refund of Rs.2,362.50 for the months of July, August and September 1989. According to Regulation No.28, the complainant is entitled to the adjustment of three billing months prior to the month in which the dispute arose. From the report filed by the respondents, it is clear that for the months of July, August and September 1989, the total number of units consumed by the complainant's theatre were 7330 Units. At the rate of 65 Units per day for the said months, the consumption will be 5980 Units. For the excess Units of 1350, the complainant is entitled to a refund of Rs.2,362.50 at the rate of Rs.1.75 per Unit. The validity or otherwise of the regulation cannot be gone into by this Commission. In view of the said regulation, the complainant is only entitled to a sum of Rs.2, 362.50.

(3.) In the Result, the respondents are directed to pay to the complainant or adjust in future bills a sum of Rs.2,362.50. Under the circumstances, we direct the parties to bear their own costs. Ordered accordingly.