(Passed on dated 29^th  January, 2016)

Per Shri Atul D. Alsi – Hon’ble President.

              The complainant is the consumer of O. P. and he has been provided 04/LT II Comm/1 Ph < 2 KW electric supply to his establishment i.e., “Sunny Bear Bar” having the consumer no. 430010502289.  The complainant was shocked and surprised when he received any energy consumption bill of Rs.19,834.65/- for the month of May including outstanding amount of Rs.1,60,270/-. As per the said bill the previous reading was 1 unit and current reading shown as 18809.

2.            The O.P. has changed the new meter with old one with his own accord and without prior intimation to the complainant.  No proper reading was worked out and this blunder therefore continued.  The complainant whenever asked for the checking of meter and correction in bill amount.  But no proper response was ever given to the complainant, which doubts that the O.P. is suppressing and shielding something.   

3.            The O.P. has disconnected the electric supply of the complainant without any reason, which certainly causes heavy loss to the business of the complainant, as the electricity naturally plays an important in the business of the complainant.  Therefore, the O.P. is fully responsible and liable for the loss caused to the complainant apart from physical and mental agony.  As per the circular of O. P.  itself if the reading are not regularly recorded in the prescribed intervals than the O.P. and its employees are held responsible and penalizes for the same and not the consumer.

4.            The bill for the month of June, which shows the consumption of 555 units p.m. and the bill for the month of July, which shows the consumption of 438 units’ per month.   But despite the O. P. shown his inability to sort out the problem of the complainant.  Thus, the complainant at last sent a legal notice through his counsel Adv. Mr. M. K. Gupta by R.P.A.D. on 10/09/2012, calling him to issue a revised and corrected bill and restore the electric supply to the establishment of the complainant within 24 hours.   Due to continue under influence upon the complainant, he had deposited amount of Rs.80,000/- under protest with O.P. of the revised bill of Rs.1,56,740/- .  Thus, the aggrieved complainant has no more option left except to knock the door of law and take proper remedy.  Hence the complainant is filing the present complaint.

5.            The complainant prayed to declare the excessive bill issued by the O. Ps. is illegal and also to direct the O. Ps. to prepare a correct bill for the month of May – 2012 showing the proper consumption, and serves the same upon the complainant after adjustment of Rs.80,000/- already paid.   Further he prayed to direct the O. Ps. to pay Rs.10,000/- towards mental agony, physical harassment and Rs.5,000/- towards cost of litigation.   

6.            After receiving the notice issued by this Forum, the O. P. No.1 to 2 approaches before this Forum through their counsel and filed their reply. 

7.            In their reply the O. P. No. 1 & 2 submitted that, the complainant is a consumer of opposite party and having electric connection for commercial purpose bearing consumer No. 430010502289 is not disputed.  The complainant is running bear bar namely “Sunny Bear Bar” on above said connection.  It is not disputed that electricity bill for the month of May-2012, was issued for total Rs.1,60,270/- towards total 18,809 units electricity consumption in 25 months.  The above bill was issued as per actual reading and consumption of electricity by complainant in previous 25 months.

8.            It is submitted that due to some technical problem, the details of new replaced meter was not feed in computer billing system, as such average bills was issued to complainant till April-2012 and subsequently the bill of May-2012 as per actual consumption of electricity was issued to complainant. Due credit for locked period Rs.14,346/- was given to complainant in the bill of May-2012 and towards adjustment amount Rs.31,198/- in the month of December-2012.  It is further submitted that as per availability  of new meters, the old meters of all the consumers was replaced with new electronic meters for actual and proper recording of electricity consumed.

9.            The prayer for issuance of correct bill is untenable and illegal.  The opposite party had not committed any deficiency in service hence the complaint is liable to be dismissed in the interest of justice.

10.                   The complainant has filed copies of electric bill for the month of May-2012 to July-2012 at page no. 7 to 9, Copy of letter dated 28/07/2012 and dated 08/08/2012 at page no. 10 & 11, Copy of legal notice at page no. 12, Copy of postal receipt & acknowledgement at page no. 14 & 15, Copy of disconnection letter dated 01/10/2012 at page no. 16, Copy of complainant’s letter dated 12/11/2012 at page no. 17, Copy of provisional bill for the month of August 2012 at page no. 18, Copy of bill of Rs.80,000/-  at page no. 19, Copy of circular dated 22/08/2006 at page no. 20 on record.

11.                   The counsel for complainant Mr. M. K. Gupta argued that, the O.P. has issued excessive bill for the month of May-2012 for one unit consumption.  The average bill was issued till April-2012.  The O.P. has given credit of Rs.14346/- which is illegal.  Meter was changed without notice.  Previous reading was not shown.  The O.P. fails to give corrected bill after several requests.  As per circular No. 50 & 42 of O.P. the meter reader shall not issue a bill not more than one month for faulty meter.  Hence, case shall be allowed.

12.                   The counsel for O. P. Mr. S. B. Rajankar argued that, “Sunny Bear Bar” is commercial transaction.  Due to technical mistake the bill was not properly drawn hence average bill was issued after calculating the units consumption for the previous period after change of meter for the period between the meter readings was not available.  The meter of complainant was not reported to be faulty.  The complainant has not paid the amount of alleged excessive bill under protest.  The case of complainant deserves to be dismissed with cost.              

13.                   As per petition and arguments and documents filed on record following points came for consideration:-

REASONING & FINDINGS

14.                    The opposite party has issued correct bill that the average bill for the period when due to technical reason reading was not available according to procedure of Electricity Act by adjusting the amount already paid against the average bill by calculating average previous reading by giving credit to the opponent party.   The O. P. issued a bill for the month of May-2012 for Rs.1,60,000/- for 18809 units as per average consumption for 25 months.  Previous period of months when the reading could not available due to technical difficulty.   Hence there is no deficiency on the part of O. P.  Hence, complaint deserves to be dismissed as per following order. 

-: ORDER :-

1.            The complaint is dismissed.

2.            No order as to cost.