Sk.Jafiruddin, aged 55 years
S/o:Late Sk. Mahemud
At: Habibnagar(Jayanagar)
PO/PS: Dhamnagar
Dist: Bhadrak
…………………….Complainant
(Vrs.)
1. S.D.O. Electrical Division,
Dhamnagar
At/PO: Dhamnagar, Dist: Bhadrak
2. The Executive Engineer
Electrical(South Division) represented
By NESCO
At/PO/Dist: Bhadrak
……………………..Opp.Parties
Order No.45 dt.27.06.2015:
The Complainant has filed this case praying for a direction to the O.Ps to give the energy connection to his residence and to rectify the bills besides adjustment of gross paid amount of Rs.1216/-. The Complainant has also prayed for a direction to O.Ps to give penalty of Rs.10,000/- and also litigation cost as the Forum deemed fit.
The case of the Complainant in nut-shell is that he is a domestic consumer of electricity bearing consumer No.DDS-7783. Complainant alleges that the last electricity bill dt.14.08.2011 served on him shows total consumption of 3950 units. He consumes 100 units per month. According to Complainant he is liable to pay Rs.4,730/- to O.Ps for the period from 2001 to July,2011 but the O.Ps have received Rs.5,946/- which is in excess of Rs.1,216/-. The Complainant asked O.Ps many times for correction of bill but in vain. In the month of August,2011, the transformer was burnt. After 20 days the O.Ps installed a new transformer but they disconnected power supply to the premises of Complainant on 07.09.2011. Since then the Complainant is in dark. Hence, the Complainant filed this case on 15.09.2011 with the aforesaid prayer.
O.Ps filed written version stating therein that there is a huge arrear outstanding upto August,2011 for an amount of Rs.15,744.54 paise. Unless the consumer pays the said amount or 50% of the same, he is not entitled to agitate the dispute regarding the correction of bill. The Complainant is using power supply as a domestic consumer having 1 KW contract demand. A correct meter bearing No.2241314 was installed in the year 2006 and since then the billing is prepared as per actual consumption through meter reading. However, there was an arrear of Rs.13,316.38 paise till January,2006 when the meter reading was nil and prior to that period the consumption was on load factor basis. The allegations regarding the consumption of 3950 units as per meter indicator up to July, 2011 is admitted and till that period an amount of Rs.15,437.08 paise was calculated for such unit consumption after deduction of all payments by the consumer. There is a provision in the Electricity Act to revise the load fact bill and provisional bill upon application by the consumer. The consumer has not preferred to dispute such billing at any point of time. Moreover, there was scope for the consumer to apply for the revision of load factor bill which was without meter before January,2006. But the same has not been challenged by the Complainant within the prescribed period and that imposes a bar under provision of Limitation Act as well as C.P.Act. During the defunct period of transformer i.e. August,2011 to September,2011 the consumer was default in payment. They further stated that the disconnection was just as per law since there was huge arrear outstanding against the Complainant. As such, it cannot be equated with deficiency in service and hence prayed for dismissal of complaint.
Having heard the Ld.Counsel for the parties and upon perusal of record, it is found that the power supply was disconnected to the premises of the Complainant due to non-payment of arrear outstanding dues. However, on the interim period filed by Complainant, this Forum vide its order dt.19.09.2011 directed the O.Ps for restoration of power supply. The Complainant in his petition dt.30.10.2014 has also admitted restoration of power supply to his premises as per interim order passed by this Forum. So the only prayer that subsists is for rectification of bill. It is no doubt true that a correct meter bearing No.2241314 has been installed in the premises of the Complainant in the year 2006 and since then the billing is being prepared as per actual consumption through meter reading. It has been admitted by the O.Ps that prior to January,2006 there was an arrear of Rs.13,316.38 paise against the Complainant. During that period, the meter reading was nil and the consumption was on load factor basis. According to O.Ps there is a provision in the Electricity Act for revision of load fact bill and provisional bill upon application by the consumer within the prescribed period but the Complainant has not made any application to that effect within the prescribed period. So it is barred by Limitation. As it appears the O.Ps provided power supply to the premises of the Complainant at the initial stage without any meter otherwise the meter reading would not have been nill. It is no doubt true that supply of electricity without meter amounts to deficiency in service. It was the duty and responsibility of O.Ps to revise the energy bill of Complainant on average consumption basis after installation of meter bearing No.2241314 in month of January,2006. When the cause of action is continuing and admittedly the Complainant has been charged on load factor basis upto January,2006, it would meet the ends of justice if the O.Ps be directed to revise the energy bill of Complainant taking average consumption patter of Complainant for six months. Accordingly, it is ordered:
O R D E R
In the result, the complaint is allowed in part against the O.Ps. The O.Ps are directed to revise the energy bill of Complainant for the disputed period taking average consumption of Complainant for 6(six) months, by adjusting the payment made, within a period of 30 days of receipt of this order. Parties to bear their own costs.