ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to quash the amount Rs.59,397/-standing as disputed arrear up to December, 2018 and pay Rs.20,000/- towards mental agony, Rs.10,000/- towards cost of litigation”.
The brief fact of the case is that, after death of her father the complainant being the daughter enjoyed the electricity under the opposite parties bearing consumer No.03532201 and consuming the electric energy as domestic consumer and paying the electric bill as per meter reading regularly. On 09.11.2018 the opposite parties served erroneous electric bill to the complainant without details regarding the period to which the arrear relates demanding payment of Rs.59,397/- up to the month of December and threat disconnection and also through the disconnection notice outside of the verandah of the complainant on 28.12.2018 without intimate to the complainant.
Opposite party No.3 appeared and filed written version through his advocate stating as under;
Neither the present complainant nor the original consumer is/was a regular payee of electricity dues. Both of them are habitual defaulter in payment of energy charges. The opposite party has never served disputed or erroneous bill to the consumer at any point of time. The complainant is a domestic consumer having 1.5 KW contract demand without meter from the date of connection. Despite request made by the opposite party for several time to install a meter the consumer has never responded because of his personal gain of more consumption than actual contract demand. So the billing was being done on average basis up to July, 2007. Due to half hazard payment of energy charges the consumer was having arrear electric dues of Rs.31,763/- by the month of May, 2005. Thereafter due to irregular and nonpayment of electric charges by the consumer the arrear went on increasing month by month and reached at Rs.42,327/- by the month of July, 2007. Thereafter a meter was installed and the billing was started as per meter reading from August, 2007 onwards. However the opposite party for the first time after getting notice from this Commission has already revised the bill as such revision the proposed withdrawn amount is Rs.5,649/- whereas the rest amount is to be paid by the consumer.
Counsel for complainant is present and heard but the opposite parties are long absent. Counsel for complainant fairly submitted that he is ready to clear the dues provided some relaxation may be given on the disputed amount. In view of the fact that there is long standing dispute between the parties and complainant being agreed to pay the dues in installment, we direct the opposite parties to settle the dispute by extending the discount of 30% as is being given normally and complainant is directed to pay the amount in 8 equally monthly installments along with current bill. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
Pronounced in the open Commission on this 21st July,2023.
