This complaint is filed under section 12 of the Consumer Protection Act.
1. The brief facts of the complainants case is as follows:- The 1st complainant is conducting a provision shop for his livelihood in a rental shop building of the 2ndcomplainant, there is a small business in the shop, the electricity service connection no of the shop is 01-175-014-1023, there are 2 CFL bulbs and one refrigeration in the shop, there will be sales of 3 litres of milk for which the refrigerator is used, the complainant is in the habit of going to his house after switch off the refrigerator in the night, due to accident in the bike on 26.09.2013 the complainant did not open the shop for the fifteen days, the electricity consumption assessor came to take assessment on 18.09.2014, did not enter the meter reading and the consumption charges in the electricity charges card, on 03.10.2014 the complainant asked about the consumption charges in the office of the 1st opposite party, staff in the office informed that the meter is not running, Rs.1443/- is to be paid towards charges immediately, the complainant enquired with Mrs.Kannagi, Junior Engineer that how the charges Rs.1443/- arrived, determined for non running meter, it was replied that the meter which was not running on 18.09.2014, ran 3 units on 20.09.2014 new meter installed , it was noticed that reading on 17.11.2014 was 160 units, the old meter ran 3 units for 2 days, the consumption is 163 units, arrear amount Rs.5338/-, balance payable is Rs.1443/- in total Rs.7156/-, the complainant got shocked, gave requisition letter to revise, reduce the consumption charges, even after sending notice through counsel for 1stopposite party refused to reduce the consumption charges, it was threatened that if payments are not made immediately the electricity service connection will be disconnected, since the complainant is in need of power supply he paid Rs.5838+Rs.104/- in total paid Rs.5942/- on 18.11.2014, further it was informed to pay Rs.3354/-, at the counter Rs.3645/- was received from the complainant, the meter reading consumption of 20 units on 16.03.2015 not noted in the card, on 27.03.2015 the complainant requested to note reading in the card, the assessor informed not to pay charges on 01.04.2015, the staff of opposite parties informed 1st complainant to pay Rs.4451/- on or before 07.04.2015, 1stcomplainant paid the excessive charges with much difficulty, the 1stcomplainant and suffered mental agony gave complaint dated 02.04.2015 to the President Kanyakumari Jilla Consumer Protection Centre who issued notices date 04.04.2015 to the opposite parties, the 1stcomplainant not satisfied with the reply received from the opposite parties, filed this complaint for the reliefs as prayed for in the complaint.
1) To direct the opposite parties to refund Rs.17,149/- (Rs.1443+1318+3645+5942+4451+350) the excess amount of charges collected for the period from 9/2014 to 7.04.2015 from the 1st complainant.
2) To direct the opposite parties to pay compensation of Rs.25,000/- for the mental agony and to pay costs of this compliant.
2) 1st opposite party filed written version, which was adopted by the 2,3 opposite parties, which the contentions in the written version of the 1st opposite party are as follows:- All the averments and the allegations stated in the petition except those that are specially admitted or otherwise dealt with here under are denied as false, the service connection number 175-014-1023 is located in the populated area, fridge - 180a, UPS 350w, Fan 60w, Light 2 nos 32w, weighing balance -60w, from the consumption pattern of the service connection it could be seen that the consumption varies from 70 to 210 units in many assessments, on 18.09.2014 when the assessor went for recording readings he found that the meter was defective, current consumption charges could not be assessed at that time, he has not noted the average meter reading in the white meter card, on 30.09.2014 the current consumption charges was informed to his cellphone registered in computer through SMS, the averment that the complainant approached on 03.10.2014 and the alleged demand of Rs.1443/- are false, on 17.11.2014 the meter reading was 163 units, the current consumption charges was Rs.1318/- for that units, the average due for the meter defective period was fixed at Rs.5838/-, total Rs.7156/- it was entered in the white meter card, informed to the complainant, instead of remitting the amount Rs.5838/- he has issued suit notice, it was replied properly, on satisfaction of reply he has remitted a sum of Rs.5942/- at Parvathipuram section office on 18.11.2014 where they have no knowledge about the previous correspondence in the above service, on 17.01.2015 the assessor recorded the meter reading and entered the electric charges as Rs.3354/- there was a tariff revision for tariff V with effect from 12.12.2014, hence the computer recorded the charges as Rs.3645/-, it was informed to him by SMS to his Mobile No.7598231951 registered in his service, the defective meter was replaced by a new meter on 24.09.2014, due to repeated complaints submitted by the complainant, the meter was changed on 25.02.2015, on 16.03.2015 when the assessor went for recording the meter reading, the white meter card was not available in the meter box, hence the assessor was not able to record the meter reading in the white meter card, the meter reading was entered in the computer on 19.03.2015, the current consumption charges of Rs.4451/- was informed to this complainant through SMS in mobile No.7598231951, consumer had not made any grievance regarding the assessment before the Junior Engineer, Assistant Executive Engineer, Executive Engineer or Superintending Engineer, the complainant has not exhausted the petition of redressing this grievance through CGRF as per the TNERC regulations, instead the complainant through the Kanyakumari Jilla Consumer Protection Centre has preferred this petition, the President Kanyakumari Jilla Consumer Protection Centre was properly replied for his letter dated 04.04.2015. The TNEB following the TNERC regulations only and collected the average charges during the meter defective period in accordance with Tamil Nadu Electricity Supply code regulations, the pending amount was informed to the complainant as per letter date 15.10.2014, it was received by Thiru.Vaikundaselvan S/o.C.Thangappan, who is owner of this service connection, the opposite parties never committed deficiency in service, opposite parties have acted only according to the principle laid by law, when a meter was on struck up before that the functioning of meter was diminishing step by step, on such occasion the average meter reading will be levied as per TNERC supply code regulations 11(5), schedule of amount calculated for the service
1) Rs.1443/- cost of 180 units as average charges arrive from Mary 2013 to July 2013 current consumption charges Current consumption charges for the period 18.07.2014 to 22.09.2014.
2) Rs.1318/- cost of 163 units a) as per the old meter consumption 3units
b) as per new meter consumption 160 units Current consumption charges for the period 22.09.2014 to 19.11.2014
3) Rs.3645/- cost 440 units as per meter reading Current consumption charges for the period 19.11.2014 to 19.01.2015
4) Rs.5942/- average short for meter defective period from Sep.2013 to July 2014 Amount 5834 RC fees - 60 IDP -44
5) Rs.4551/- cost 154 units
a) old meter consumption- 494 units
b) new meter consumption -21 unit Cc charge for the period 19.01.2015 to 19.03.2015
6) Rs.370/- additional current consumption deposit There is no cause of action to file this complaint, the complainant has not come to his forum with clean hands, hence it is prayed that this Honble Forum may dismiss the complaint with costs.
3) Points for consideration are:-
1) Whether the complainant is entitled for direction to the opposite parties to refund Rs.17,149/- (Rs.1443+1318+3645+5942+4451+350) the excess amount of charges collected for the period from 9/2014 to 07.04.2015 from the 1st complainant.
2) Whether the complainant is entitled for direction to the opposite parties to pay compensation of Rs.25,000/- for the mental agony and to pay costs as prayed for in the complaint.
4) Points: 1&2 The complainants filed proof affidavit. The contents in the proof affidavit are on the basis of the averments of the complaint. The complainants filed 12 documents are marked as Ex.A1 to Ex.A12. Ex.A1 is the copy of electricity meter card in the name of 2nd complainant. Ex.A2 is the copy of electricity board receipt dated 04.10.2014 for Rs.1443/-. Ex.A3 is the copy of letter dated 15.10.2014 sent by the 1st opposite party to the 2nd complainant. Ex.A4 is the letter dated 18.10.2014 sent by the 1st complainant to the 1st opposite party. Ex.A5 is the copy of electricity board receipt dated 18.11.2014 for Rs.5942/-. Ex.A6 is the copy of electricity board receipt dated 30.01.2015 for Rs.3645/-.Ex.A7 is the copy of account summary. Ex.A8 is the copy of letter dated 02.04.2015 sent by the 1st complainant to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A9 is the notice dated 04.04.2015 sent by the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil to the opposite parties. Ex.A10 is the reply letter dated 29.04.2015 sent by the 2nd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A11 is the reply letters dated 11.04.2015, 14.05.2015 sent by the 3rd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A12 is the copy of account summary in the name of 2ndcomplainant, consumer number -071750141023. The opposite parties filed proof affidavit. The contents of the proof affidavit filed by opposite party are on the basis of the contentions of the written version. The opposite parties filed 10 documents are marked as Ex.B1 to Ex.B10. Ex.B1 is the copy of claim form. Ex.B1 is the copy of application form in Form-I TNEB submitted on 25.05.2011 by 2nd complainant to get low tension electricity energy supply. Ex.B2 is the copy of test report submitted by 2nd complainant before the opposite parties. Ex.B3 is the copy of reports, internal documents. Ex.B4 is the copy of letter dated 15.10.2014 sent by the 1st opposite party to the 2nd complainant. Ex.B5 is the copy of letter dated 12.112014 sent by 1st opposite party to the Adv.Mr.T.Balamurali. Ex.B6 is the reply letter dated 29.04.2015 sent by the 2nd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.B7 is the copy of TNERC supply code regulation 11(5). Ex.B8 is the copy of TNERC supply code (8) Ex.B9 is the copy of TNERC Supply code 5(II)B. Ex.B10 is the copy of letter dated 01.10.2012 sent by the director, TANGEDCO to the Chief Engineer/Distribution of all Regions. In this complaint complainants averments regarding the use of electricity service connection no.07-175-014-1023 for running a shop by the 1st complainant is not disputed by the opposite parties. The complainants states that as per Ex.A1 meter card on 18.09.2014 the assessor of electricity consumption did not enter the electricity charges in the meter card, when he enquired with the 1st opposite party it was informed that meter is not running, Rs.1443/- is to be paid, while taking reading on 17.11.2014 the consumption of 163 units entered, it is informed that arrear charges Rs.5838/-, previous balance Rs.1443/- in total Rs.7156/- is to be paid on or before 03.12.2014, further the complainant was threatened that if the amount is not paid the service connection will be disconnected, so the 1st complainant paid Rs.5838+Rs.104 i.e, total in Rs.5942/- on 18.11.2014, as per Ex.A1 it was informed on 17.01.2015 to pay Rs.3354/-, while making payment in the counter Rs.3645/- was collected, on 25.02.2015 new meter was installed, on 16.03.2015 meter ran up to 20 units, the electricity charges were not entered in the electricity card, on 01.04.2015 the complainant was informed to pay Rs.4451/- on or before 05.04.2015, the 1st complainant with great difficulties paid the above said excess amount, the complainant suffered mental agony, hence the complaint is filed for the reliefs as prayed for in the complaint. The opposite parties state that on 17.11.2014 the meter reading was 163 units, the consumption charges was Rs.1318/- for the meter reading 163 units, the average due for the meter defective period was fixed as Rs.5838/-, total Rs.7156/- was entered in the white meter card, informed to the complainant, the complainants remitted a sum of Rs.5942/- on 18.11.2014, on 17.01.2015 the assessor recorded the meter reading, entered the electricity charges as Rs.3354/-, after that there was tariff revision for tariff V with effect from 12.12.2014, hence the computer system recorded the charges at Rs.3645/-, the defective meter was replaced by a new meter on 24.09.2014, due to repeated complaints submitted by the complainant, the meter was changed on 25.02.2015, on 16.3.2015 when the assessor went for recording the meter reading the white meter card was not available, the meter reading was entered in computer on 19.3.2015, the consumption charges Rs.4451/- was informed to the complainant through SMS in mobile no.7598231951, the complainants have not exhausted the complaint of redressing the grievance through CGRF as per the TNERC regulations, the opposite parties following the TNERC regulations only, collected the average charges during the meter defective period in accordance with Tamil Nadu Electricity Supply code regulations, Rs.1443/- cost of 180 units as average charges arrived from May 2013 to July 2013 current consumption chargesconsumption charges for the period 18.07.2014 to 22.09.2014, Rs.1318/- cost of 163 units as per the old meter consumption 3units b) as per new meter consumption 160 units - Current consumption charges for the period 22.09.2014 to 19.11.2014, Rs.3645/- cost
440 units as per meter reading- Current consumption charges for the period 19.11.2014 to 19.01.2015, Rs.5942/- average short for meter defective period from Sep.2013 to July 2014- Amount i.e. Rs.5834, RC fees - 60, IDP -44, Rs.4551/- cost of 154 units a) old meter consumption- 494 units, b) new meter consumption -21 unit- Cc charge for the period 19.01.2015 to 19.03.2015, Rs.370/- additional current consumption deposit, there is no cause of action to file this complaint, hence the complaint may be dismissed. The representative appearing for the complainants argued that as per Ex.A2 receipt the 1st complainant paid Rs.1443/- on 04.10.2014, the 1st complainant paid Rs.5942 on 18.11.2014,the 1st complainant paid Rs.3645/- on receipt of information dated 17.01.2015, the 1stcomplainant paid Rs.4451/- as per information dated 01.04.2015, thus the 1stcomplainant paid excess amounts towards electricity consumption charges for the non running meter, the complainants suffered mental agony, hence the complainants are entitled for the reliefs as prayed for in complaint. The learned counsel for the opposite parties argued that the opposite parties levied the charges on the basis of average meter reading, levied the consumption charges as per TNERC supply code regulations 11(5), the schedule of amounts calculated for the service connection of complainant are mentioned in the written version and in the proof affidavit of the opposite parties, the current consumption charges collected bi monthly as per TNERC supply code 8(1) average for meter defective period, collected vide TNERC supply code 11(5) and ACCD, collected vide TNERC supply code 5(11), the 1st complainant is using the electricity service connection for commercial purpose for running the shop, so the complainant is not a consumer as provided under the Consumer Protection Act 1986, the policy of the opposite parties electricity board in levying for any short fall of average billing cannot adjudicable before this forum, no consumer dispute involved, this forum has no authority to assess the bill, the complainants have not come to this forum with clean hands, there is no deficiency in service on the part of the opposite parties, hence the complaint may be dismissed with costs. The learned counsel for the opposite parties relied on the following decisions in support of his case. In II (2004) CPJ 500 SCDRC West Bengal, Kolkata C.E.S.C Limited versus Krishnandhan Nag it was held that Excessive bill O.P to replace defective meter and ascertain consumption on basis of consumption of units for 6 months from date of replacement of defective meter-Hence appeal Forum has no authority to assess the bills-Dispute referred to C.E.I In II (2004) CPJ 355 SCDRC, West Bengal, Kolkata WBSEB versus Sasanka Sekher Paul it was held that Meter defective required amount deposited for installation of new meter inflated bill received complaint allowed by Forum- Hence appeal Forum has no authority to assess the bill order modified. In I (2006) CPJ 430 SCDRC, Chennai Tamil Nadu Electricity Board & Ors versus P.R.K Nadar Sons Plantation it was held that Policy of Board to levy for any shortfall of average billing, not adjudicable by Fora- NO consumer dispute involved Forum erred in allowing complaint. In III (2013) CPJ 1 (SC) U.P. Power Corporation Ltd. & ors versus Anis Ahmad it was held that complaint maintainability - after notice of provisional assessment to person indulged in unauthorized use of electricity, final decision by assessing officer, who is a public servant on assessment of unauthorized use of electricity is a Quasi-Judicial decision and does not fall within meaning of Consumer Dispute- complaint against assessment made by assessing officer under Section 126 or against offence committed under sections 134 to 140 of Act. 2003 not maintainable before Consumer Forum. In this complaint the clear contention of the opposite parties are that the opposite parties have acted only according to the TNERC regulations, according to the principles laid down by law, when the meter was on struck up before that the functioning of meter was diminishing step by step, as found in Ex.A1 meter card, on such occasion the average meter reading charges will be levied as per TNERC Supply code Regulations 11(5) i.e as per Ex.B7, Ex.B8 & B9, schedule of amounts are calculated as shown in written version and in proof affidavit, it was explained to the complainants through Ex.A4 & Ex.A5 letters from the opposite parties. In 1996(2) CPR
80 SCDRC, Gujarat, Ahmedabad, Hotel Utsav Pvt.Ltd.& Ors versus Chief Engineer (V.V.) Gujarat Electricity Board & Ors it was held that opponents levying & recovering electricity duty from consumers on inter pretation of relevant provisions of the Act-No malafide or lack of bonafide in the act-No question of deficiency in service involved- Provisions of Consumer Protection Act cannot be invoked. The opposite parties stated the schedule of amounts are calculated for the electricity service connection by the opposite parties in their written version and in their proof affidavit. As against the calculations the levy of electricity charges by the opposite parties as per TNERC supply code regulations, the complainants have not produced any document or authority to prove their averments in the complaint, have not produced any document or authority to prove that the schedule of amounts, charges calculated, collected by the opposite parties are not according to law. In I (2006) CPJ 430 SCDRC, Chennai Tamil Nadu Electricity Board & Ors versus P.R.K Nadar Sons Plantation it was held that Policy of Board to levy for any shortfall of average billing, not adjudicable by Fora- No consumer dispute involved Forum erred in allowing complaint. The complainants have clearly stated in the complaint that the 1st complainant is using the electricity power for running the shop in the building obtained for rent from the 2nd complainant i.e he is using the electricity power for commercial purpose for running the shop. In Uttrakhand SCDRC, Dehradun Revision Petition No.07 of 2011 dated 17.01.2014, Uttarakhand Power Corporation Limited & Others Versus M/s.Uttaranchal Filament (India) it was held that Electricity Commercial purpose-question whether a company using the electricity for commercial purpose, can file a consumer complaint within the purview of Consumer Protection Act, it can safely be said that the complainant is engaged in commercial activity and using the electricity for commercial purposes and, as such, the complainant does not fall under the definition of consumer as provided under the Consumer Provision Act, 1986. Considering the above discussion applying the principles in the above decisions to the facts and circumstances of this case, on perusal of records it is understood that the 1st complainant is using the electricity supply power for the commercial purpose he does not come under the definition of Consumer as provided under the Consumer Provider Act 1986, it is understood that the levy of electricity charges for any shortfall of average billing as per TNERC regulations, as per policy of board not adjudicable by this Forum, hence in these circumstances it could not be decided that the complainants have proved their case against the opposite parties and it could not be decided that the complainants are entitled for reliefs as prayed for in the complaint. In the result, the complaint is dismissed. No costs. Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this 14th day February 2017. Sd/- Sd/- (S.SIVALINGAM) (R.NARAYANASAMY) MEMBER PRESIDENT COMPLAINANT SIDE DOCUMENTS: Ex.A1 : Copy of electricity meter card in the name of 2nd complainant. Ex.A2 : 04.10.2014 Copy of electricity board receipt for Rs.1443/-. Ex.A3 : 15.10.2014 Copy of letter sent by the 1st opposite party to the 2nd complainant. Ex.A4 : 18.10.2014 Letter sent by the 1st complainant to the 1st opposite party Ex.A5 : 18.11.2014 Copy of electricity board receipt for Rs.5942/- Ex.A6 : 30.01.2015 Copy of electricity board receipt for Rs.3645/-. Ex.A7 : Copy of account summary Ex.A8 : 02.04.2015 Copy of letter sent by the 1stcomplainant to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A9 : 04.04.2015 Notice sent by the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil to the opposite parties. Ex.A10 : 29.04.2015 Reply letter sent by the 2nd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A11 : 11.04.2015 14.05.2015 Reply letters sent by the 3rd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.A12 : Copy of account summary in the name of 2nd complainant, consumer number -071750141023. OPPOSITE PARTIES SIDE DOCUMENTS: Ex.B1 : Copy of application form in Form-I TNEB submitted on 25.05.2011 by 2nd complainant to get low tension electricity energy supply. Ex.B2 : Copy of test report submitted by 2nd complainant before the opposite parties. Ex.B3 : Copy of reports, internal documents. Ex.B4 : 15.10.2014 Copy of letter sent by the 1st opposite party to the 2nd complainant. Ex.B5 : 12.112014 Copy of letter sent by 1stopposite party to the Adv.Mr.T.Balamurali. Ex.B6 : 29.04.2015 Reply letter sent by the 2nd opposite party to the President, Kanyakumari Jilla Consumer Protection Centre, Nagercoil. Ex.B7 : Copy of TNERC supply code regulation 11(5). Ex.B8 : Copy of TNERC supply code (8) Ex.B9 : Copy of TNERC Supply code 5(II)B. Ex.B10 : 01.10.2012 Copy of letter dated sent by the director, TANGEDCO to the Chief Engineer/Distribution of all Regions. Sd/- Sd/- (S.SIVALINGAM) (R.NARAYANASAMY) MEMBER PRESIDENT