Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.08.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to make correction in the energy bill (i.e. annexure – 4).
- To direct the opposite parties to pay Rs. 1,00,000/- ( Rs. One Lakh only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he is having DS – I connection in his premises situated at Bisunpur, Pakri being consumer no. PUE 3513/PBW 1740 DS – I vide annexure – 1. The complainant has submitted an application before opposite party no. 3 through proper channel in which after stating the entire relevant fact requested to provide an energy bill after making appropriate correction in the bill. The aforesaid application was forwarded by opposite party no. 3 to Assistant Electric Engineer, Punpun for the needful. Thereafter the concerning officer of the board after making appropriate verification of the relevnt documents submitted a report that the complainant deposited security amount of Rs. 150/- vide serial no. EG 53553 dated 18.07.2001 besides Rs. 155/- vide receipt no. 741100 dated 18.07.2011 as will appear from annexure – 2 and 2/A.
The complainant has further asserted that thereafter opposite party no. 4 ( Assistant Engineer, Electric Supply, Punpun Patna) reported to opposite party no. 3 that the correction in bill may be made in the consumer registered of Division, Punpun DS – I. On 17.05.2006 complainant again submitted a representation for correction of the bill as will appear from annexure – 3 but during the pendency of the application dated 17.06.2006 energy of Rs. 2,84,984/- was received by the complainant as will appear from annexure – 4.
It is further case of the complainant that in place of consumer no. PUE 3513/PBW 1740 DS – I wrong no. being consumer no. PRE 3513 PBW 1740 IAI was mentioned in the bill. Thereafter Junior Electric Engineer made spot inquiry and submitted a report to opposite party no. 4 on 26.07.2006 requesting to made relevant correction modification in the energy bill.
It is the further case of the complainant that he has also received a notice on 05.12.2010 by opposite party no. 3 to pay amount mentioned in annexure – 5 within time mentioned in this annexure.
The grievance of the complainant is that despite several representation the necessary correction has not been made in the bill.
From record it appears that when the registered notice issued to the opposite parties was not returned then vide order dated 19.12.2013 the Tamila was declared valid and a direction was passed to hear this case ex parte and as such this case was heard ex – parte.
It is needless to say that the complainant has tried several times to act the correction in his energy bill as will appear from annexure – 3 but no action appears to have been taken by the concerned authority despite recommendation of opposite party no. 4 as will appear from annexure – 1.
As the complainant has asserted the aforesaid fact on affidavit and there is no counter version of the opposite parties to the fact asserted by the complainant in his complaint petition on oath, hence we have no option but to accept the facts asserted by the complainant in toto.
However at the time of dictating this order it appears that Bihar State Electricity Board and its Chairman have been added as parties as opposite party no. 1 and 2 but now South Bihar Power Distribution company limited has stepped up in the shoes of opposite party no. 1 and 2 and on this count we do not like to take super technical attitude because the complainant is raising his grievance since 2006.
However we are not in position to know about the latest position as much time has elapsed due to pendency of this case in this forum.
Hence we direct the complainant to file appropriate application before opposite party no. 3 stating all the relevant facts as well as present status within the period of one month from the date of receipt of this order of certified copy of this order.
If such application is filed by the complainant to opposite party no. 3 then opposite party no. 3 is directed to pass appropriate order stating full reason and taking into consideration annexure – 1. The opposite party no. 3 must pass appropriate order within the period of two months from the date of filing of this application with copy of this order.
This complaint petition stands disposed off in the light of aforesaid direction.
Member President
