The case of the Complainant is that consumer No.BO-1279 stands in the name of his mother Rama Mallick. After death of his mother, giving due intimation, the Complainant is consuming electricity as a domestic consumer and paid electricity charges as per actual meter reading till 24.12.2012. On 17th February,2012, the Complainant cleared the outstanding dues under OTS. Thereafter, there was zero dues. On 24.01.2013 the Complainant received bill on provisional basis and the Complainant paid the said bill amount. Thereafter, no bill was supplied by O.Ps for the month of February,2013. Subsequently, the O.Ps supplied bill dt.21.03.2013 showing an amount of Rs.70,764.92 paise on provisional basis. Complainant, thereafter, met the O.Ps and requested for rectification of the erroneous bill but the O.Ps paid any heed to it. Thereafter, the O.Ps threatened to disconnect power supply for which the Complainant finding no other alternative filed this case on 29.04.2014 praying to direct the O.Ps to supply the bill as per actual meter reading from the month of January,2013 onwards and to withdraw the bill dated 21.03.2013 besides payment of compensation of Rs.20,000/- towards mental agony and harassment caused to him.
O.Ps admitted that the Complainant is a consumer of electricity bearing consumer No.BO-1279, A/c.No.4221-13080429 having CD 1 KW under domestic category. The Complainant is very much irregular in payment of monthly electricity bill as a result of which arrear electricity bill upto December,2012 is amounting to Rs.23,775.68 paise and upto March,2014, Rs.3,84,073.40 paise is outstanding against the Complainant. Prior to filing of this case, the Complainant never raised any objection as provided under OERC Distribution (Conditions of Supply),Code,2004. Further, the Complainant never availed OTS benefit. As per official record, upto December,2012 billing was made on actual meter reading and upto December,2010, meter reading was 13158 unit. From January,2013 onwards billing was made on provisional and load factor basis. Moreover, to revise the bill, the O.P.No.1 has already issued letter vide No.665 dt.16.05.2014 to the Junior Engineer for submission of verification report. It was also directed to the J.E. that the meter may be replaced with a correct new meter, if during verification found to be defective. As far as revision of bill is concerned, the same shall be revised from January,2013 after installation of new meter and observing three months average consumption. Hence, the O.Ps prayed for dismissal of complaint.
We have heard both sides and perused the documents filed by the Complainant. Admittedly, there is no dispute with regard to billing upto December,2012. Xerox copies of electricity bills filed by the Complainant for the month of October and November,2013 go to show that billing was done for 85 and 44 units respectively on actual consumption basis. It is also found from the aforesaid bills that there was no arrear outstanding against the Complainant. Similarly electric bill for the month December,2012 goes to show provisional assessment for 144 units and net amount payable Rs.566/-. So also bill for the month of February,2013 indicates provisional assessment for 4360 units and net amount payable Rs.70,208/- by Complainant. It is not known why Complainant has been charged provisionally 144 units and 4360 for the month of December,2012 and February,2014 particularly when billing for the month October and November,2013 has been on actual basis. Assuming for the sake of argument that the Complainant was provisionally charged on load factor basis, we do not understand what prevented the O.Ps to charge Complainant for 144 units on load factor basis for the month February,2013 alike December,2012? Is it possible on the part of a domestic consumer to consume 4360 units in a month? Complainant has filed copy of Advocate’s notice sent to O.Ps, which they have received during February,2014 as is evident from postal acknowledgements, requesting to do the needful for rectification of the bill dt.21.03.2013. Had the O.Ps revised the bill on actual consumption basis, the Complainant would not have filed this case. As such, the Complainant has been successful in proving his case that the O.Ps are deficient in rendering proper service. It is not the case of the Complainant that the O.Ps have disconnected the power supply to his premises and he suffered from mental agony and tension.
In the result, we allow the complaint and direct the O.Ps to revise the energy bills of the Complainant on actual meter reading from December,2012 onwards within 30 days of receipt of this order. The O.Ps are directed to pay litigation cost of Rs.500/- to Complainant within the aforesaid period of 30 days.
