( Passed on dated 30th October, 2015 )
Per Shri Atul D. Alsi – Hon’ble President.
On 08/03/2013, a new electric meter came to be replaced in place of old meter. The complainant is having new electricity connection vide consumer DL No.430010515186, Pole No. 635/10 and Meter No. 0901065753. After installation of new meter, the complainant was received a bill of unit 37 with the abbreviation R.N.A. (i.e. Reading not available). A complaint was made for the correction of the bill but the O. P. No. 2 did not pay any heed.
2. In spite of this the opposite party sent a bill of month 18/04/2013 to 18/05/2013 of month 18/05/2013 to 18/06/2013 of Rs.23,730/-. The opponents sent bill of meter no. 9801348911 which is not the correct meter number of complainant. As per this bill, the current reading is 214 and old reading is 1. No such rectification was made by the O. Ps, On the assurance of opponents, the complainant has paid of Rs.2070/- on 06/03/2013 , Rs.170/- on 16/04/2013, Rs.2500/- on 16/07/2013, Rs.10,000/- on 28/09/2013 and lastly Rs.13,900/- on 01/11/2013. The O. Ps. did not sent corrected bills to his meter number. This act on the part of O.P. has created confusion to the complainant and mentally torture and harassment.
3. After repeated request, the opponents failed to rectify the meter number of complainant and sent wrong bills of different meter number to complainant. These acts of the opponents are deficiency in service.
4. The complainant praying to declare that the opposite parties have shown the deficiency in service and negligence, to direct to rectify meter number and send the bills as per consumption of correct meter number and also direct to refund amount of Rs.28,640/- with interest.
5. After receiving the notice issued by the Forum, the O. Ps. appeared through their counsel and filed their written statement before the forum.
6. In their reply, O. Ps. stated that, it is not disputed that a new meter is installed in place of old meter in the premises of complainant vide Consumer No. DL No. 430010515186 Pole No. 635/10 and meter No. 0901065753 and O. Ps. has issued receipt for the same. The O. P. further submitted that after installation of new meter, when the employee of O. Ps. had gone to record the reading for issuing bill of the month February 2013 to March 2013, at that time he found reading not available and accordingly a average of Unit 37 amounting Rs.172.75/- was issued for the month of February 2013 to March 2013 and complainant paid the same.
7. The O. P. further in their reply submitted that due to mistake in the said bill and bill issued thereafter, old meter No. 9801348911 has been typed in place of new meter number otherwise they were issued correctly on the basis of consumption of electricity. It is again submitted that the bill for the month of 18/02/2013 to 18/03/2013 was issued on the bass of average consumption as reading was not available. It is submitted that the bills were issued as per correct reading available as such there is no question to correct it. It is specifically denied that the said bill were incorrect. The complaint is liable to be dismissed.
8. The complainant has filed copy of copy of bill receipt dated 08/03/2013 at page no. 12, Copy electric bill at page no. 13, Copy of application received dated 10/29.08.2013 at page no. 14, copy of electric bills at page no. 15 to 22, Copy of Deposit receipt, dated 27/01/2014 at page no. 23, copy of notice dated 28/01/2014 at page no. 24, copy of cheque receipt acknowledgement at page no. 25 on record.
9. The learned counsel for complainant Mr. R. U. Borkar argued that, the opposite party changed meter but the reading and units of previous meter was included in new meter bill and no statement along with explanation was given about excessive meter bill for the month of April 2013. The explanation of average bill was not provided to complainant. The complaint of complainant can’t be sorted out from March 2013 to 28th January 2014. It amounts to deficiency of service.
10. The counsel for O.P. Adv. Ms. Sujata Tiwari argued that, due to mistake the old meter number which was affixed on bill but the reading and average billing is correct. The month of 18th April, 2013 to 18th June, 2013 the average reading bill of 213 units amounts to Rs. 23,730/- imposed. Due to mistake the old number was printed on the bill of year 2013 for July, August, October, December and January 2014. The mistake was not intentional mistake. The bill issued was correct and as per rules hence there is no merit in the case and deserves to be dismissed with costs.
11. As per petition and arguments and documents filed on record following points came for consideration:-
Sr. No. | Points | Findings |
1. | Whether the complaint is deserve to be allowed? | YES |
2. | What Order? | As per final order. |
REASONING & FINDINGS
12. The complainant has filed a complaint in respect of meter was R.N.A. (Reading not available) at Page No.14 of complaint and the same is acknowledge by O.P. proves that the O.P. after receipt of complaint on March 2013 the corrected meter number and correction in meter bill made on January 2014, this inordinate delayed action shows negligency of service. There is no proper explanation of delay filed by O.P.
13. The O.P. did not supplied the statement and calculation of average bill and necessary calculation to the complainant therefore, it amounts to negligency of service on the part of O. P. Hence it is directed to O. P. that the O.P. shall recalculate consumption as per procedure of law and issue correct bill to the complainant.
Hence, the following order is passed.
-: ORDER :-
1. The complaint is partly allowed.
2. The O. P. is directed to recalculate the proper reading and issue fresh bill to the complainant.
3. The O.P. is directed to pay Rs.5,000/- to the complainant for mental torture and mental agony along with Rs.3,000/- towards cost of litigation.
4. The O. P. is directed to comply the above order within 30 days from the date of receipt of this order.
5. Misc. application No. MA/02/2014 along with this complaint is also hereby disposed off.
