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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
V.K. Jain, Presiding Member, Dr. B.C. Gupta, Member
Kerala State Electricity Board
& Ors. —Petitioners
versus
Cross Field Rubber Co. —Respondent
Revision Petition No. 2619 of 2010
(Against the Order dated 30/01/2010 in Appeal No. 1104/2004 of the State Commission Kerala)
Decided on 12.2.2015

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. M.T. George, Advocate with Ms. Kavitha K.T., Advocate
For the Respondent: Nemo.

IMPORTANT POINTS
(1) Consumer Forum is not bound by strict rules of evidence.
(2) Consumer Forum cannot adjudicate electricity bill disputes.


Headnote:Consumer Protection Act, 1986—Sections 2(1)(d) and 21—Electricity Act, 2003—Section 126—Electricity—Bill dispute—Power theft—Consumer Forum cannot derive power to adjudicate dispute in relation to assessment made under Section 126 or offences under Sections 135 to 140 of Electricity Act as acts of indulging in unauthorized use of electricity as defined under Section 126 or committing offence under Sections 135 to 140 do not fall within meaning of ‘complaint’ as defined in Section 2(1)(d) of Consumer Protection Act—Impugned order passed by State Commission set aside and complaint dismissed. (Paras 9 to 12)

       Result: Revision Petition allowed.

       

ORDER (ORAL)

V.K. Jain, Presiding Member—The affidavit of service has been filed by the petitioners, which shows that the notice stands served upon the respondent on 28-01-2015. No one has appeared for the respondent despite service of notice in the aforesaid manner. We have, therefore, proceeded to hear the revision petition on merit.

2. The complainant/respondent was a consumer of the petitioner Kerala State Electricity Board, he having taken an electricity connection from the said board. An inspection of the premises of the complainant was carried out on 09-08-2000 and during the said inspection it was found that though the seals of the meter were proper and the meter was also working, the second phase of the meter was not working. Based upon the said inspection, a bill of Rs.55,395/- was raised by the petitioners on the ground that part consumption had escaped billing on account of non-working of one phase of the CT meter. The bill pertained to the period from Feb.2000 to Aug.2000. The aforesaid bill was challenged by the complainant before Kerala High Court, by way of writ petition. The writ petition was disposed of by granting liberty to the complainant to prefer an appeal before the Executive Engineer, against the demand raised by the board. In the meanwhile, another inspection of the premises of the complainant was carried out on 27-07-2001. At that time, it was found that one lead of the CT meter had been pulled from the terminal, as a result of which the electricity consumed through that phase of the meter was not getting recorded. The complainant then approached the concerned Executive Engineer for redressal of his grievance. He directed the concerned Assistant Executive Engineer to issue a bill for the unbilled period from 09-08-2000 to 14-05-2001. A bill of Rs.87,556/- was accordingly issued by the Assistant Executive Engineer to the complainant. Claiming deficiency in the service on the part of the Board and its officials, the complainant approached the concerned District Forum by way of a complaint, seeking cancellation of all the three bills issued to him and refund of the amount of Rs.20,000/- which he had deposited with the Board.

3. The complaint was resisted by the Board inter alia on the ground that during inspection on 09-08-2000 they had found that one phase of the CT meter was not recording actual consumption for which a bill of Rs.55,395/- was raised by them in accordance with law. It was further stated in the reply that during a subsequent inspection carried out on 27-07-2001 they found that lead wire of the CT fitted with the meter had been pulled out from the energy meter. Finding a case of theft of energy they disconnected the supply and made assessment for theft of electricity. The said assessment resulted in issue of a bill of Rs.26,281/-. It was further stated in the reply that the final bill of Rs.87,556/- was issued by them consequent to the directions of the concerned Executive Engineer, given while disposing of the appeal filed by the complainant in terms of the direction given by the High Court.

4. The District Forum vide its order dated 12-11-2004 upheld the bill of Rs.55,395/- but cancelled the remaining two bills. The petitioners were also directed to pay Rs.1,000/- as cost of the complaint.

5. The order passed by the District Forum was challenged by the complainant as well as by the petitioners by filing separate appeals. Vide impugned order dated 30-01-2010 the concerned State Commission upheld the demand of Rs.26,281/- but rejected the bill of Rs.55,395/- as well as final bill of Rs.87,556/-. Being aggrieved from the order passed by the State Commission the petitioners are before us by way of this revision petition.

6. The State Commission rejected the first bill raised by the petitioners primarily on the ground that the inspection report dated 09-08-2000 had not been filed in original and had not been otherwise proved by the petitioners. On a perusal of the record we find that not only the









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