Complainant Ashok Kumar Singh S/o Sahdeo
Singh R/o LH More Sonatand, Dist.- Bokaro has filed this complaint against O.P. Assistant Electrical Engineer Chas , Village Narayanpur Bokaro for direction to the O.P. for submitting the bill receipt per month since 28.01.1996 till date and to submit xerox copy of the payment till date and further to check the arrest in connection with P.s. Case No. 107/15, with compensation of Rs. 20,00,000/- with litigation cost of Rs. 100000/-.

2                      The brief case of the complainant is that he is the electrical consumer of the O.P. having consumer No. CS/NS/27/03612 under village Narayanpur Chas Bokaro. It is alleged that O.P. had filed a case which is registered as B.S. City P.S. Case No. 107/15 U/s 379 IPC and 135 Electricity Act. It is alleged instead of levying one kilo watt of electrical consumption on domestic basis the O.P. wrongly levied 6 Kilo watt of commercial consumption.

            It is also alleged, in the year 2002, the O.P. had registered B.S. City P.s. Case No. 264/2002 for the same offence theft of electrical energy, in which the complainant was acquitted. But again the above mentioned case has been filed with ulterior motive. Hence this is deficiency in service on the part the O.P.

3                      Following Anxs have been filed by the complainant in support:-

Anx-1Copy of the FIR, B.S.City P.S. Case No.  107/2015

Anx2- Copy of the FIR evidence of B.S.City P.S. Case No. 264/02

Anx-3- Copy of the Judgment of Anx-2

Anx-4- Copy of the application of RTI to the PRO Narayanpur.

Anx-5 and 5/1- Copy the electricity bill.

Anx-6-Copy of the complaint before the Chief Minister.

4          O.P. Assit. Electrical Engineer Chas has not appeared before the Forum in spite of service of notice hence ex-parte proceeding has been initiated.

F I N D I N G S

5          Perused the record, we hold that complainant Ashok kumar Singh is the consumer of the O.P. and the dispute is a consumer dispute.

6          On perusal of the record, we find that the present case has been filed on 09.03.2017 whereas the FIR of B.S.City 107/15 was lodged on 13.03.2015 and cause of action arises from that day which is within 2 years of time. The contention of the complainant is that earlier a case for theft of electrical energy was also filed in the year 2002 and he was acquitted and in that case O.P.  failed to prove the charges of electrical theft, accordingly vide Anx -3 he was acquitted and again in spite of the fact that earlier the complainant had asked to O.P. vide  Anx-4, for copy of the different bills as well as the bill deposit receipts through PRO which has not been provided as yet. Anx-5 and 5/1 is the some of the bills filed for the previous years of 1997,98 and through Anx-6 the complainant moved before the C.M. for grievance to solve the problem of the complainant but the O.P. without clearing the grievance of the complainant again file the case which is B.S.City P.S. Case No. 107/15.

7          After careful examining of the documents filed by the complainant, we come to the conclusion that O.P. Assistant Electrical Engineer Chas has not met out the complaint of the complainant regarding the difference of electrical charges levied since long from year 1996 and on the erroneous consideration, has not considered the grievance that the complainant is using the electrical energy in a domestic purpose on contract to the commercial purpose. Therefore, we hold that there is deficiency in service on the part of the O.P. of not solving the problem of the complainant.

            8          Therefore, we allow the complaint and the O.P. Assistant Electrical Engineer Chas is hereby directed to provide electrical bill since 28.01.1996 along with the payment receipt till date to the complainant within 60 days of passing of this order and further pay Rs. 10,000/- (Rs. Ten thousand) only as compensation along with Rs. 1000/- (Rs. One thousand) only as litigation cost to the complainant within 60 days as mentioned above, failing which the amount of the compensation will be enhanced to 25000/- (Rs. Twenty five thousand) only.

            Let a copy of this order along with copy of the Anx-6 be sent to the O.P. at the cost of the complainant.