ASST. EX. ENGINEER ELECTRICAL MAJOR SECTION Vs. M.K.GEORGE

JUDGEMENT

(1.) BY the order dated 30.7.2004 of CDRF, Kottayam in OP No. 133/01, the opposite parties are under directions to cancel Ext. A.18 additional bill for Rs. 36,693 and to pay Rs. 1000 as cost of proceedings. It is aggrieved by the said directions that the present appeal is filed by the opposite parties.

(2.) THE brief facts of the case relating to this appeal are that the complainant/respondent is running an industrial unit in the name -Colonia Gummi Fabrik' from the year 1994 and that he is a consumer of the opposite parties. According to him, the bills were paid regularly and he was never a defaulter. The Electrical inspector also used to visit his unit and the production depended on the demands from the market and it varied from time -to -time resulting variations in the consumption of energy also. It is his case that on 1.6.2000 the static meter installed in his premises was replaced by an electronic meter and on 13.2.2001 he received a bill dated 3.2.2001 from the opposite parties demanding him to pay Rs. 36.693 alleged to be the charges for the excess consumption during the period from 8/99 to 5/2000. Though he had requested the opposite parties to cancel the bill the same was not done. Hence the complaint was filed praying for directions to the opposite parties to withdraw the bill and pay compensation and costs.

(3.) DENYING the allegations the first opposite party filed version for herself and for other opposite parties contending that the bill was issued for the reason that the consumption of the complainant was very much on the high side after replacement of the meter on 1.6.2000. It was also contended that in the previous period the consumption recorded in the old meter was very low and that the meter was replaced because the old meter was faulty. As the new meter showed substantial increase, the bill was issued as per Clause 31(c) of the conditions of supply of electrical energy. The opposite parties much relied on the fact that there was considerable difference in readings in the old meter and in the new meter and in such a circumstances the bill issued was proper and they prayed for the dismissal of the complaint.