SRI NAYANANANDA DASH,MEMBER:-
Deficiency in service in respect of providing inflated monthly energy bills are the allegations arrayed against the Opp.Parties.
2. Complaint in brief reveals that complainant’s father namely Sri Dinabandhu Rout is a domestic category of consumer under Opp.Parties bearing Consumer No.0000020338516. After death of Dinabandhu Rout the complainant is residing in the same premises and is paying monthly energy dues regularly as per the meter reading. It is alleged that in the month of November and December,2015the Ops served an illegal and arbitrary monthly energy bill though the meter was functioning properly. The complainant requested the Ops to rectify the arbitrary bill and the request of the complainant was turned down by the Ops with a threatening to disconnect the power supply on non-payment of bill amount.
3. Being noticed Ops appeared through their Ld. Counsel and filed joint written statement describing the fact that the CESU authorities on dtd.20.10.2015 inspected the installation of the meter of the complainant and on physical verification it is found that consumers meter terminal is absent. It is averred that in absence of the original official meter a new meter has been installed without the prior permission, the number of the new meter is 2165445 ZU and the previous meter No. is 00SZ281415, and the new meter was functioning slowly. The physical verification was conducted in the presence of the complainant and report was supplied on the date of physical verification that the Ops raised the bill on average basis. It is further averred that complainant to avoid such payments which is raised under the provisions of I.E.Act,2003 a false case has been foisted. The Ops have every right to realize the arrear amount under the provisions of the Act. In the circumstances, the complaint is liable to be dismissed with exemplary cost.
4. Heard, the arguments advanced by Ld. Counsels for the parties, perused the documents like copies of monthly energy bills, copy of physical verification report dtd.20.10.15 and copies of consumer billing statement. It is an admitted fact that complainant’s deceased father namely Dinabandhu Rout is a domestic category of consumer under Ops bearing Consumer No.02038516.
It is alleged that though the meter of the complainant was running in O.K. condition the Ops in the month of November and December,2015 served an energy bill, which according to complainant is illegal and arbitrary. Countering the allegations Ops submit that complainant without any prior permission replaced the original meter Serial No.00SZ281415 to new meter Serial No.216544SZU which was detected by the officials on physical verification conducted on dtd.20.10.2015 on the premises and presence of the complainant. Accordingly under Indian Electricity Act,2003 subsequent monthly energy bills are prepared on ‘average’ basis. In support of the claim Ops filed attested photo copy of physical verification report)PVR) and consumer billing statement which discloses that the said PVR is acknowledged by the family members of the complainant, who put their signature in PVR. The PVR also reveals that the meter has been replaced and meter serial terminal no. is changed without any permission. Complaint petition is silent regarding conduct of PVR on dtd.20.10.2015 and subsequent charges labeled against the complainant-consumer. Further from the consumer billing statement it appears that from Nov.-Dec.2015 monthly energy bills are prepared on average basis under the provisions of I.E.Act,2003. No allegation of theft of energy is proved as on provisional assessment has been made for unauthorized consumption of electricity, except the allegation of meter as defective.
Without discussing any further, we think it proper if average billing period of the complainant is materialized on actual consumption basis as per meter reading, the grievance of the complainant will be fulfilled on functioning of a proper meter.
Accordingly, we direct the complainant to install an approved meter as per the provisions and after installation of approved meter and its accessories like, meter seal, T.P. Box, accordingly revised the energy bills as per the provisions from Nov.2015 and accordingly withdrawn the energy bill served on complainant-consumer from Nov.2015 which is prepared on average basis. On month time is given to complainant to comply this Forum’s order, failing which action will be initiated as per the Law.
Accordingly, the complaint is allowed in part without any cost.
Pronounced in the open Court, this the 30th Day of December,2016.
