Complaint filed on: 23.08.2016
Complaint Disposed on:24.04.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.90/2016
DATED THIS THE 24th DAY OF APRIL 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
COMPLAINANT:
Manjunatha C.E. S/o Eregowda H.S.,
Aged about 52 years, Chaithanya Nilaya,
5th Cross, Basaveshwara Road,
Jayanagara, Chikmagalur-577101.
(By In person)
V/s
OPPONENT:
Assistant Executive Engineer,
MESCOM, Chikmagalur.
(OP By Sri/Smt.H.C.Krishna, Advocate)
By Hon’ble President Sri.Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP alleging deficiency in service in issuing exaggerated bill for an amount of Rs.10,286/- towards his domestic meter. Hence, prays for direction against OP to cancel the said bill and to issue regular consumption bill towards consumption of the electricity along with compensation of Rs.10,000/-and litigation expenses of Rs.2,000/- in the interest of justice and equity.
2. The brief facts of the complaint is that:
The complainant is using electricity to his house under domestic tariff in meter no. RR A-7479, the Op regularly issued electricity bills since from connection of the electricity supply, the average bill amount since from inspection is Rs.300 to 400 per month, complainant is also regular in paying the electricity bills without any default. Such being the case in the year 2016 for the month of May to June Op had issued electricity bill for an amount of Rs.10,286/- by stating that he utilized 1447 units and demanded for payment of the said electricity bills within due date. The complainant immediately wrote a letter to Op company to verify the bill issued by them and also requested the Op to inspect the meter as he was also not using any excess electricity to his domestic purpose. Accordingly, the Op also inspected the meter and issued the same bill for payment of said excess amount. Hence, Op rendered deficiency in service in demanding such a huge amount from complainant without any valid reason. The complainant has not at all used such a huge electricity for his daily needs, inspite of that Op issued a bill for an amount of Rs.10,286/-.
The complainant finally issued a legal notice dated 21.07.2016 and called upon the Op to cancel the said electricity bills which was ill-legally issued, for which on 02.08.2016 Op wrote a letter to complainant to inspect the meter, but have not cancelled the electricity bill issued by them. Hence, complainant filed this complaint and prays for cancellation of the ill-legal electricity bill along with compensation for deficiency in service.
3. After service of notice Op appeared through his counsel and filed version and contended that the complainant had obtained electricity supply to his residential house under R R A-7479 under LT2(a) tariff on 09.06.2015 for up to 3 KW, as per that this Op was regularly issued electricity bills to the complainant, the complainant was also paying the electricity bill without any dues.
In the month of may to june 2016 the consumption was 1447 units, accordingly the electricity bill was issued to the complainant, against that the complainant given a requisition to check the meter, as per the request meter was checked and report was prepared and given to the complainant, at the time of inspection of the meter the meter was in a good condition, there is no any malfunction in the meter.
Again on 03.11.2016 the meter of the complainant was checked in the laboratory in the presence of complainant, the checking inspector who inspected the meter has given a report that meter is in good condition, hence, there is no defect in the meter, this Op has issued electricity bills as per the consumption of electricity and complainant has to pay the said bill to this Op. Complainant has filed this false complaint by suppressing true facts and he filed this complaint in order to escape to paying electricity charges to the Op. There is no any deficiency in service on the part of this Op in issuing electricity bills for consumption of the electricity by complainant. Hence, prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents as Ex.P.1 to P.5. Op also filed affidavit and marked documents as Ex.R.1 & R.4.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OP.
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The case of the complainant is that he had obtained electricity supply to his residential house under meter no. RR A-7479 under LT2(a) tariff, for the consumption of the electricity Op had issued electricity bills regularly and complainant is paying without any dues. Such being the case, at a surprise complainant received electricity bill for Rs.10,286/- and which showing 1447 units were consumed by complainant, but complainant has not utilized such a huge electricity, Op was regularly issuing bills for an average amount of Rs.300 to 400 every month, but in the year 2016 for the month of May to June 2016 Op have issued electricity bill for such a huge amount. Hence, alleges deficiency in service and prays for cancellation of the ill-legal electricity bill.
9. On contrary Op had taken a contention that they are regularly issuing electricity bills every month to the complainant and complainant was paying regularly. As usual they have issued electricity bill for the month of May to June 2016 for Rs.10,286/- as the consumption of electricity is up to 1447 units. After receipt of the bill complainant registered a complaint to verify the meter, accordingly meter was verified and found it was in good condition, again after receipt of the legal notice they have tested the meter in laboratory in the presence of complainant himself and the inspector who checked the meter given a report that there is no problem in the meter. Hence, submits no deficiency in service and prays for payment of the said electricity bill by complainant and also prays for dismissal of the complaint.
10. Complainant has produced electricity bills marked as Ex.P.4, which discloses that Op had demanded for payment of electricity bill amounting to Rs.10,286/- for the month of June 2016. Further complainant has produced office copy of the legal notice marked as Ex.P.1, letter issued by Op marked as Ex.P.3 and receipt for payment of Rs.100 for testing meter marked as Ex.P.5. Op also produced documents such as inspection report marked as Ex.R.1, ledger extract marked as Ex.R.2, sanction of electricity to the complainant marked as Ex.R.3 and sketch of the electricity line drawn in the residential house of the complainant marked as Ex.R.4. On going through the ledger extract produced by Op as per Ex.R.2, we observed that since from electricity connection from Op complainant has utilized electricity in between 50 to 100 units every month even subsequent to the month of June 2016 the complainant also utilized within 50 units, but at a utter surprise in the month of May to June 2016 the meter was reflecting 1447 units was utilized by complainant. Even after inspection of the meter it was found in a good condition, the meter was also tested at laboratory and found the meter has not having defects, even still it was reflecting excess meter reading. The Op have not explained the reason for over reading of the meter when we compared to the average consumption since from electricity connection it is only 100 to 150 units per month. Hence, we are of the opinion that complainant has not at all utilized electricity consumption up to 1447 units, the Ops have not at all explained the reason for excess reading of the meter of the complainant before this Forum. Hence the exaggerated bill issued to the complainant has to be cancelled. The Ops have failed to establish that the complainant has utilized such huge electricity in the May to June 2016. The complainant in his affidavit has sworn that He is innocent man and do not know that why such a huge electricity bill issued, the average bill is in between the Rs.300 to 400 only. Hence, prays for issue of electricity basing on the average consumption of the electricity. Of course, the Ops have issued electricity bill for exaggerated meter reading. Hence, Ops are liable to cancel the electricity bill issued for the month of May to June 2016 for amount of Rs.10,286/- and also directed to issue electricity bill considering the average consumption of electricity by complainant. The Ops have not rectified the electricity bill even after receipt of the legal notice and after inspection of the meter. As such for the above said reasons, we answer the above point no.1 and 2 in the Affirmative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is partly allowed.
- OP is directed to cancel the electricity bill issued for the month of May to June 2016 for the amount of Rs.10,286/- and also directed to issue electricity bill for the particular month basing on the average consumption of the electricity by complainant.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 24th day of April 2017).
(B.U.GEETHA) (RAVISHANKAR)
Member President
ANNEXURES
Documents produced on behalf of the complainant:
Ex.P.1 - Office copy of the legal notice.
Ex.P.2 - Postal acknowledgment due.
Ex.P.3 - Letter issued by Op dtd:02.08.2016 to test the meter.
Ex.P.4 - Four electricity bills issued by Op from May to August 2016.
Ex.P.5 - Receipt for payment of Rs.100/- towards meter test.
Documents produced on behalf of the OP:
Ex.R.1 - Inspection Report dtd:28.06.2016.
Ex.R.2 - Statement showing meter reading from 07.07.15 to 07.09.15.
Ex.R.3 - Completion Report.
Ex.R.4 - Wiring diagram of house of the complainant.
Dated:24.04.2017 President
District Consumer Forum,
Chikmagalur.
