The Hindu : Andhra Pradesh / Visakhapatnam News : Discom told to return penalty

Online edition of India's National Newspaper
Saturday, Dec 11, 2004

Andhra Pradesh

Andhra Pradesh - Visakhapatnam

Discom told to return penalty

By B. Prabhakara Sarma

VISAKHAPATNAM: The Visakhapatnam District Consumer Forum has directed the Eastern Power Distribution Company of Andhra Pradesh Limited (EPDCL) to repay the amounts collected as penalty and electricity dues from a consumer, Punyaprava Devi.Devi, a writer, and her husband live in the top floor while her son and his family lived on second floor of their building at Suryabagh. They had one domestic connection before and now they have a separate connection on the top floor. She was running a press which was later taken over by her son, who took a genset for his work with a changeover switch. The average consumption of meter was about 2.5 units a day.

The EPDCL during inspection in March last year found the meter disc stuck and the lineman noticed that a neutral wire at the electric pole dislodged which had resulted in the meter hold-up. The consumer pleaded that it was not her fault and alleged that when she refused to pay illegal gratification, the Assistant Divisional Engineer threatened to book a case.

Mental agony

Also, the EPDCL had released false information in media publishing her son's name as one who bypassed meter and pilfered electricity which caused them mental agony. The EPDCL estimated the annual consumption of power from the service at 5,676 units and demanded Rs.50,469. For restoration of supply the consumer had to pay half the sum -- Rs.24,235

-- along with Rs.50 as supervising charges, another Rs.50 towards reconnection charges and a penal fee of Rs.4,000 for the first-time offence. The EPDCL revised it to Rs.48,378 without giving an opportunity to the consumer. Upon this the latter filed a complaint in the forum (consumer dispute no. 1382/2003) against the EPDCL MD, DE, and ADE saying that they were aware that it was not her fault and, therefore, claimed refund and damages. The forum president, C. Rambabu, and its members -- D. Suseela and G. Viswanatha Reddy, who heard the case recently -- observed that the inspection report was endorsed by the consumer's son but the consumer had explained that the statement was obtained by coercion and threat of criminal prosecution. The opposing party had admitted disconnection of neutral wire which was snapped at the pole itself but did not explain that this dislodgement at the pole had nothing to do with this bypassing of meter, the forum noted. It felt that unless there was some definite material to show that the consumer had resorted to pilferage of energy bypassing the meter, it was not proper on its part to accept it as a case of pilferage. The discom was directed to repay the amounts collected with interest since collection of electricity and penalty was not proper. The forum also awarded Rs.2,000 to the consumer towards litigation costs.

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