DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: RANGA REDDY CC 192/2015 Between: Dilip Kumar Gir, S/o Raja Dilam Age: 70 yrs, Occu: Agri. R/o Kothrepally (V) Vikarabad (M), Rangareddy District. ... Complainant
1. The Divisional Engineer, APCPDCL. Vikarabad, Rangareddy District.
2. The Addl. Divisional Engineer, APCPDCL, Vikarabad, Rangareddy District.
3. The Asst. Engineer, APCPDCL, Vikarabad, Rangareddy District. Opposite Parties Counsel for Complainant : Sri Ch.Nagender, Advocate Opposite Parties : Absent PRESENT: Sri R.GOPALA KRISHNA MURTHY, PRESIDENT Smt I.L.PRASANTHI, LADY MEMBER (PER HONBLE Smt I.L.PRASANTHI, LADY MEMBER ON BEHALF OF THE BENCH) FRIDAY, THE ELEVENTH DAY OF SEPTEMBER, TWO THOUSAND FIFTEEN Order:
1. The complaint is filed U/Sec. 12 of Consumer Protection Act, 1986 to direct the Opposite Parties (i) not to collect electricity charges pertaining to complainants connection as applicable to commercial category (ii) to return the excess amount collected from the complainant
(iii) to pay a compensation of Rs.75,000/- for mental agony caused (iv) to pay costs of the complaint assessed as Rs.20,000/-; and to pass any other order or orders deemed fit.
2. The main averments as per the complaint are: Complainant who owns an agricultural land at Kothrepally Village, R.R.District was cultivating crops and some mango trees. A bore well which was used purely for agricultural purpose with electric motor was connected to service meter connection No.A198000008. On 11.11.2014 Opposite Party No.3 the Assistant Engineer of the Electricity Department issued meter bill under commercial category. Though complainant orally represented that the service connection was for agriculture and mango plants only and requested them to charge under agricultural category, Opposite Parties did not do the needful. Complainant paid the bill under protest to avoid disconnection. Even as per several judgments given by A.P. Transco Lok Adalath and the Honble High Court of Andhra Pradesh, electricity authorities should charge only agricultural category bills for such connections and hence the complaint.
3. Opposite Parties remained absent inspite of receiving notices. Complainant filed his evidence affidavit and got marked Exs.A1 to A3. Counsel for complainant filed his written arguments along with some citations and the matter was posted for orders U/Sec.13(2)(b)(ii) of C.P.Act.
4. The main points for consideration in this case are:
1) Whether Opposite Parties were right in levying the bill pertaining to complainants electricity connection under commercial category?
2) To what relief the complainant is entitled?
5. Point No.1: It is the main grievance of the complainant that the electricity meter attached to his agricultural land in which he was cultivating some crops and mango trees came under agricultural category connection and suddenly on 11.11.2014 Opposite Parties issued bill under commercial category which was not appropriate. He has relied on Exs.A1 to A3. Ex.A1 is a letter dt.11.11.2014 in which complainant was informed by Opposite Party No.3 that in pursuance of the inspection undertaken on 10.10.2014 by the AAE, it was found that there was no meter for agricultural service and the capacitors are not available. The service was running under free agriculture category-V and being utilizing for mango gardening and other plantation purpose and the land was surrounded by fencing with gate and servant quarters. The consumer comes under IT assessees. Hence free agriculture service category is not applicable. Hence back billing is proposed under agriculture IT assessees. Ex.A1 also shows the loss of revenue to Opposite Parties for the period 01.02.2008 to 10.10.2014 to be Rs.1,33,482/-. Ex.A2 is the pattadar passbook issued by the Government pertaining to the land of the complainant which shows that the land was of the nature of metta which is agriculture land. Ex.A3 is the encumbrance certificate which shows the land to be under the ownership of the complainant. As per Ex.A1 the only reason Opposite Parties changed the service connection of complainants land from agriculture to commercial is due to the presence of mango trees. However it is also noted that there is only fencing with gate and servant quarters. Hence it is clearly seen that the land was not being used for residential dwelling or any commercial activity like function hall/hotel/resort etc. Cultivation of mango trees also comes under agriculture in a broad sense of meaning. Opposite Parties failed to contest the case and did not bring any evidence on record to show that mango gardening comes under commercial nature of activity. In the absence of any such evidence, we are of the conclusive opinion that Opposite Parties are to treat the land pertaining to complainant as agricultural land, and the service connection meant for the land under agricultural category. Hence levying of bills under commercial category especially from a back date i.e. retrospectively is bad. We answer this point against the Opposite Parties.
6. Point No.2: Complainant has sought the relief that Opposite Parties may directed to return the excess amount paid by the complainant. However he was not given any details of such excess payments made by him. He has also sought compensation and costs from the Opposite Parties. However we do not see any mental agony suffered by him in this regard. However he was constrained to approach this Forum for justice due to the inaction of the Opposite Parties and hence he is entitled to reasonable costs.
7. In the result, the complaint is allowed directing Opposite Parties not to collect electricity charges pertaining to complainants service No.A198000008 under commercial category. Opposite Parties are directed to pay costs of Rs.1,000/- (Rupees One Thousand only) to the complainant. Time for compliance is one month. Dictated to the Steno-typist, transcribed by her, corrected by me and pronounced by us in the Open Forum on this the 11th day of September, 2015. Sd/- Sd/- PRESIDENT MEMBER APPENDIX OF EVIDENCE WITNESSES EXAMINED For Complainant For Opposite Parties Affidavit filed Nil EXHIBITS MARKED For Complainant Ex.A1 Copy of Letter dt.11.11.2014 Ex.A2 Copy of Pattadar Passbook Ex.A3 Statement of Encumbrance on Property Exhibits marked for the Opposite Parties Sd/- Sd/- PRESIDENT MEMBER
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