Forum orders Mescom to refund bills, pay fines

Forum orders Mescom to refund bills, pay fines

Mangalore Today News Network

Mangalore, June 5: The Dakshina Kannada District Consumer Disputes Redressal Forum said that Mescom cannot disconnect the electricity connection of a consumer on charges of power theft without producing any proof. Besides producing proof, Mescom should also give the consumer an opportunity to defend himself, said the forum. The forum has also asked the Mescom division of Puttur to refund an amount of Rs 21,820 billed to two consumers from Uppinangady and Panaje in Puttur. 

Mescom claims that the consumers in question have stolen power; however, Mescom has no proof. Mohammed Beary of Panaje received a bill of Rs 16,861. Usually, he gets a bill for Rs 99 - Rs 136. Nasrathulla Islam of Uppinangady received a bill of Rs 4,959 in September although his monthly bill usually comes up to not more than Rs 1000. The consumers had to pay the bills because Mescom threatened to disconnect their service. They weren’t given the time to file their objections. 

Asha K. Shetty of the consumer forum said that Mescom must conduct a proper enquiry prior to making a case of power theft, giving the consumer a chance to file his/her objections. According to the Electricity Supply and Distribution Code 29.04, Mescom officials must serve a provisional bill with 15 days notice to enable the consumer to file objections. Later, Mescom can instruct the consumer to pay within 30 days after considering the objections. 

In addition, code 42.06 insists that, in case of power theft, the mahazar or the spot inspection report will be made in the presence of the consumer or his/her representative and two witnesses, who will sign the mahazar report. A copy of this report must be given to the consumer or the representative. Mescom should also notify the consumer before demanding payment. Mescom’s act of deciding that a consumer has stolen power without giving him/her a chance to object is unjust, said the forum. 

Therefore, the forum declared the bills as void and asked Mescom to refund the amount with interest at 12 percent a year from the date of billing. Mescom has also been ordered to pay litigation cost of Rs 1000 each to the consumers.