Bihar

Gaya

CC/88/2011

Raji Akhtar - Complainant(s)

Versus

Bihar State Electricity Board - Opp.Party(s)

Vijay Kumar Bharti

26 Jul 2018

ORDER

In the court of District Consumer Forum, Gaya

Consumer Complainant Case No. – 88 of 2011

Kashmir dry fruits through proprietor Razi Akhtar Mallick .... Complaints

                                          V/s
1.Bihar State Electricity Board through its chairman, Patna.

2.Electrical Executive Engineer (urban), Chandauti, Gaya... Opposite Parties.

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

Dated:-26.07.

The instant case has been filed by the complainant Razi Akhtar Mallick propertier Kashmir Dry Fruits against the Opposite Parties for deficiency in service as the opposite parties has issued electricity bill including fine for 1 KG   electricity load found used as an unauthorized wrongly and requested to declare it illegal.

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2. In brief the case of the complainant is that he is bonafide consumer of the opposite parties bearing consumer ID number UD

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been prayed to held on adjudication that the bill dated 4th August

                           3. The opposite party number 2 appeared and filed his Written Statement but Opposite Party number 1 did not appear and so ex party hearing was proceeded again him.

                         4. Opposite Party number 2 has stated in his written statement that the complainant has never given information about the incident of Fire to them. It is admission of the complainant that even if there was any fire accident on 5th may

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                    5. In support of their cases both parties have filed their evidences on affidavits and documents.

                        6. The main point of determination before This Court is whether the complainant has been succeeded to prove his case against the opposite parties for deficiency in service.
                               7. In support of alleged incident of fire in the shop of the complainant no any document regarding information to the police or to the Opposite parties have been filed by the complainant. The averments of the complainant show that he is not sure that the metre was broken or not, because he has stated that it was intact but if it is found broken o it might have been due to the incident of Fire.  However, the Electric energy bill for month of July

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said letter of the opposite parties does not disclose that on what date and time the premises of the complainant was inspected and how they arrived on the conclusion that the complainant was using 1 kilowatt electricity unauthorised. No report of inspection has been filed by the opposite  with the said letter and it has been not also made clear what was the previous load sanctioned of the complainant. There is also not a report attached with the letter about the broken meter of the complainant as to what extent and how it was unbroken. The Opposite parties have also not filed any report. Even if the complainants is not sure about unseal of the meter, it is duty of the opposite parties to establish it.

Under such circumstances the letter issued by the opposite parties to the complainant does not appear genuine and legalized. Hence, it appears that regarding the fine imposed for broken meter and unauthorized use of 1 kg electricity by the complainant is not established and it amounts to deficiency in service.

                                  8. We, therefore, after considering the evidences on Affidavits of both parties and the documents filed by them and their

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arguments advanced before the court we came on the conclusion that the letter No.

Dictated and corrected

Female Member      Male Member                   President

Sunita Kumari              Syed Mohtashim Akhtar       Ramesh Chandra Singh