Presents:-
- Sri P.Samantara, President.
- Smt. S.Rath, Member.
- Sri G.K.Rath, Member.
Dated,Bolangir the 13th day of July 2015.
C.C.No. 4 of 2015.
Ram Swarup Jain, aged about 70 years son of late Jay Sukharam Jain.
Resident of village/P.O- Rampur, P.S.Patnagarh, Dist- Bolangir.
.. .. Complainant.
-Versus-
1.Electrical Sectional Officer,WESCO, Patnagarh,
At/P.O/P.S-Patnagarh, Dist- Bolangir.
2.S.D.O. (Electrical) Distribution Sub Division,WESCO,
At/P.O/P.S- Patnagarh, Dist- Bolangir.
.. .. Opp.Parties.
Advocate for the complainant- None.
Advocate for the O.Ps - Sri J.Mohanty.
Date of filing of the case- 05.01.2015
Date of order -13.07.2015
JUDGMENT.
Sri P.Samantara, President.
In the matter of an application u/s12 of the C.P.Act,1986, filed by the complainant alleging deficiency in service against the opposite parties.
2. The complainant named Ram Swarup Jain of P. Rampur, Patnagarh avers being domestic consumer of WESCO retains old consumer No.DOM15A10 corresponding to New Account No.912311080126.
3. The petitioner’s complaint is that the electric meter installed in his premises is running O.K without any disturbance but since July 2013 onwards, the O.P is issuing average bills charging higher rates for which it is not possible to clear the amount due in total.
4. Further the petitioner averred the bill issued on June 2014 i.e on 22.7.2014 the total amount of Rs 28,513/- as arrear outstanding which is inflated and too excessive. Inspite of repeated approach and intimation, nobody listen to the grievance nor ensuring correction of the bill as per actual reading. Thus praying the petitioner is ready to make payment provided the consumption be taken with the present actual running position of the meter and compensation be paid for harassment and mental agony. Relied with photo copies of bills, since 2007 to 2014, letter dated 24.09.2014 and affidavit.
5. In put to notice, the O.Ps appeared, admitting the complainant is a consumer and the cause of action arose within the jurisdiction of this forum.
6. The O.P stated ,they inspected the house of the petitioner on dated 31.01.2015 in assessment of meter status, the consumer allow to inspect the meter and did not allow to inspect the entire load of the house in some pretext. The consumer refused to sign the physical verification report and to receive the inspection report, so a copy of same was pasted on his wall.
7. Further stating the bills are prepared on average basis with effect from 9/2009 and no complaint to that effect was received by the O.Ps. The petitioner is not allowing for replacement of the existing mechanical old meter for which the instruction for change of meter has been marked on the present inspection report No.2079 dt.31.01.2015. The consumer has not paid an outstanding of Rs 31,376/- up to the September 2014. That as per rule of OEREC the old mechanical meter is to changed. The consumer is using 2 K.W load in his premises. The Opp. Parties are not liable to pay any compensation towards mental agony and harassment rather the O.Ps are suffering financially due to non payment of out-standing dues by the consumer. Praying to give necessary order that one number of new static meter of suitable make and rating to be installed at the premises of the consumer at the cost of the either party and bill be recasted as per actual average consumption of true consumptive bill period. The case accordingly be disposed up..
8. Heard the submissions of the complainant and the learned counsel of the O.Ps ,the erudite arguments at both end. Perusal of the record reveals the complainant is a bonafide consumer and paying regularly the monthly charges for the domestic electricity consumption as per the actual reading of the meter. But the O.P contended although meter is running well, still same is mechanical one and shows the actual consumption below the actual consumed units.
9. The inspection report submitted by the O.Ps is unilateral and does not reveals the load. Remarks column of the report shows the petitioner refused to assess the physical verification of electrical points. No contention prevails on the running status of the meter, besides being old mechanical one.
10. Perusal of monthly consumer status statement reveals since August 2009,the billing is charged with average till September 2014 varying to 1 K.W. to 2 K.W. which the complainant alleges, the O.Ps having without any reasonable technical sense, charging the average without taking the actual meter reading. It is also seen the inspection does not mention the installed old mechanical meter, neither technically dead or non-functional. So charging as per the actual reading is legal and sanctified. We further comes to knowledge on the same revision of billing arrear amount order has been passed more than one times and the O.Ps reluctant to comply and in such back drop, the present case cant get stumbled for no of fault of others. So we find, it is more acceptable and reasonable to abide with the principle of installing new meter side by side with the old one, at the cost of either party and inspection be made that the meter reading will decide as per the three consecutive months bills or latest by six months bill taking into average as per the rule
11. It is also seen the petitioner is genuine & bonafide consumer paying regularly. Non payment dues accumulated for the average charged by the O.Ps that made headache of the consumer in paying the arbitrary accumulated undue arrear in insisting without any viable solution. The only soluable way is to install a new testing meter within the premises of the consumer and the displaying, along with the monthly consumption will bring transparency to the dispute.
12. The inspection report does not relate to unauthorized addition, alteration of equipment, mis-appropriation of energy, diversion of power or by passing. The complainant does not complain the meter is creeping but advances as stuck up meter and as per the rule, the existing electro magnetic meters shall continue until it becomes defective, inoperative and irreparable. So in view of such findings, we considered the disputed load of 2 K.W average charge can be settled, provided a new meter in testing allowed side by side the old one in check and correction continuation, permanently. The process augurs well as per the law. Thus ordered.
ORDER.
(i) The complainant will give way to installing a new static meter by the side of the old electro magnetic meter at the cost of the either of the parties in mutual consultation within 30 days of this order.
(ii) Further the O.Ps are directed to undertake readings of both the meters after three months or six months of the installation of the new meter and thereafter within one month taking the average units revise the bill from 9/2009 till the date of this order, in default the O.Ps are liable to pay Rs 50/- per day till revision of the bill of the complainant. No order as to compensation and cost.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 13TH DAY OF JULY 2015.
I agree. I agree.
(S.Rath) (G.K..Rath) ( P.Samantara)
MEMBER. MEMBER. PRESIDENT.
