The complainant case is that he is a consumer of APDCL Dibrugarh Electricity Sub-division II under category LT Domestic A and Meter No. Y 0276030. The complaint is filed U/S 12(1)(a) alongwith a petition seeking interim relief U/S 13(B) of the Consumer Protection Act, 1986 claiming-
1. to direct the OP to correct and ractify impungned Bills
2. to direct the OP for continued supply of electricity to the complainant
3. to direct the OP to pay a sum of Rs.1,00,000/- against physical & mental agony
4. to direct the OP to pay Rs.11,000/- as cost of litigation
5. to direct the OP to refrain from realising the billed amount or any part thereof till disposal of this case.
JUDGEMENT.
The case of the complainant is that he is consumer of the OP, APDCL under category LT Domestic A and Meter No. Y 0276030 and he has filed this complainant against the OP for the losses suffered by him on account of unfair and restrictive trade practices adopted by the OP and the deficient services rendered by the OP in connection with the supply of electricity and raising of bills of energy charges to the complainant. The complainant has given a detailed statement of consuming electricity for 8 (eight) months including the two disputed bills. He claimed that he consumed electric energy at an average of 317 unit per month earlier these disputed bills and as such he had to pay the energy charges at an average rate of Rs.2,449/- per month. He claimed that he paid the energy bills upto the month of August, 2017 and there was no arrear of any amount in the said bills. Thereafter the complainant was served with Bill No. 2004970964 dtd.09/10/2017 for the period from 05/09/2017 to 06/10/2017 with an inflated and unbelievable bill amount of Rs.6526/- showing consumption of 872 units. The complainant raised objection and protest against the said Bill dtd. 09/10/2017 through his letter dtd.21/10/2017 addressed to the Manager, APDCL (OP) and requested him to prepare provisional bill so that he could make payment thereof before the due date.
The complainant approached the OP several times in this regard but all in vain. Thereafter the complainant was served with Bill No. 3002897873 dtd. 13/11/2017 for the period from 07/10/2017 to 08/11/2017 with a bill amount of Rs.16309/- inclusive of arrear Rs.9821.84 showing consumption of 851 units. According to the complainant the arrear should have been Rs.6526/-. The complainant apprehended that if the impugned bill amount is not paid within due date his electricity connection may be disconnected and he may be deprived of eclectic energy. He claimed that the impugned bill amounts are not only illegal, unlawful, unauthorised but also absurd and the said demand of the OP is arbitrary, whimsical, fanciful and excessive and is liable to be set aside and quashed. The complainant stated in his complaint petition that the OP has indulged 'in deficiency of service', 'respective trade practice' and 'unfair trade practice' by its various inactions and misdeeds. Hence, the complainant filed this case claiming-
1. to direct the OP to correct and ractify impunjned Bills
2. to direct the OP for continued supply of electricity to the complainant
3. to direct the OP to pay a sum of Rs.1,00,000/- against physical & mental agony
4. to direct the OP to pay Rs.11,000/- as cost of litigation
5. to direct the OP to refrain from realising the billed amount or any part thereof till disposal of this case.
After registering the case notice was issued to the OP who contested the case and submitted their written statement stating interalia that the complainant petition is not maintainable in law as well as on facts. Meanwhile it is worth mentioning that on 22/11/2017 this count passed on interim order upon the pet. No.615/17 dtd. 22/11/2017, directing the OP not to disconnect the electricity connection of the complainant until further order or till disposal of the case.
The OP in their W/S as well as in evidence that the impungned Bills were drawn as per the electronic meter reading for September, 2017, for October, 2017 and for November, 2017 and the total amount was Rs.16,309/- including surcharge and bank charge for dishonoured cheque and there is no deficiency of service etc.
It is noted that the Learned Forum passed an interim order directing the OP not to disconnect the electric connection of the complainant until further order or till disposal of the case on 22/11/2017. But the OP in violation of the Forum's order disconnected the electricity connection from the house of the complainant on 06/12/2017 and the complainant filed a petition for passing necessary order U/S 27 of the C.P. Act, 1986 and the Forum issued show cause notice to the OP. The OP submitted the W/S of the case and the show cause reply on 02/01/2018 stating that the connection of the electricity of the complainant was disconnected for not receiving the 'interim order' of the Forum timely and on receipt of the same the OP has reconnected the electricity in the premises of the complainant. Hence show cause reply was accepted by the Forum.
The complainant adduced evidence in affidavit on 15/05/2018 and additional evidence on affidavit on 20/02/2020. The OP filed their evidence on 14/12/2018. Both the parties submitted their written arguments. As the complainant and the OP has come to a settlement of the matter on the terms offered by the complainant the detailed discussion of the evidence and arguments are avoided at this stage.
That on 04/01/2021 the complainant in reply to a letter issued to him by the OP regarding 100% waive of surcharge on outstanding bill amount has submitted in writing his terms for a complete settlement of his complaint he has enclosed a xerox copy of the letter of the opposite party alongwith his written terms, copy of which was furnished to the opposite party and the learned counsel for the OP has consented to the terms offered by the complainant.
In view of the above, this Commission is of the opinion that the complain of the complainant be solved as here under.
1. The complainant is entitled to get 100% (one hundred percent), surcharge waive upto 31/12/2020 on his total dues.
2. Upto 31/12/2020, 40% (forty percent) actual bill amount be waived and the complainant is bound to pay the remaining 60% (sixty percent) actual bill amount upto 31/12/2020.
The opposite party is to raise fresh bill after deducting 100% surcharge and 40% of actual bill amount upto 31/12/2020 and the complainant shall pay the amount of bill within 7 (seven) to 10 (ten) days from receiving the fresh bills and he shall pay the dues in cash.
In view of this settlement the complainant shall not be entitled to any compensation or damages as claimed in his complaint.
The complainant shall pay the actual future bill amount with effect from 01/01/2021 as may be allowed within due date and in the manner prescribed.
The complain petition of the complainant is accordingly disposed of with no cost to either party.
The copy of this judgment be furnished to the opposite party for quick compliance of this judgement.
The judgement is delivered in open Court this 25th day of January, 2021.
