Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 11.12.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to issue fresh bill at the rate of 100 units per month being average consumption of electricity by the complainant.
- To direct the Board to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant has asserted that he was previously Member of Legislative Assembly and also a Cabinet Minister of Bihar and hence he has a residence in Government quarter in Bailey Road. Thereafter he shifted to Delhi and in the year 2004 he took a flat in Dasai Kunj Apartment situated at Road No. 6, East Patel Nagar on rental basis in the month of May 2005 for keeping his household material after vacating quarter. Thereafter, he took temporary electric connection on 03.06.2005. The said connection was temporary and domestic. It has been asserted by the complainant that the average unit of electric consumption was 100 unit per month and as per terms and conditions of temporary supply of the electricity remains only 30 days in the first instance which was extended month to month at certain period. In Para – 8 of the complaint petition it has been asserted that as per provision of tariff rules the temporary connection for domestic purpose can be granted for prescribed period and before expiry of the period the Board has to serve the notice to the consumer either for submitting the prescribed format for permanent connection with admissible charge or if the consumer does not intend conversion, the Board will serve written notice to the consumer and after expiry of the prescribed period the temporary connection will have continued by the Board.
The grievance of the complainant is that no such procedure has been followed by opposite parties with respect to the complainant and he has been suddenly served a bill on 17.09.2007 to the tune of Rs. 1,82,276/- ( Rs. One Lac Eighty Two Thousand Two Hundred Seventy Six only ).
It has been asserted that when his grievance was not redressed by filling application to the opposite party then he filed a representation to Chairman Bihar Electricity Board which is Annexure – 2 but again the opposite parties manufactured and prepared bogus and antedated inspection report dated 02.06.2007 and on that basis opposite parties sent another bill which have been annexed as Annexure – 3 and 4 with covering letter showing average consumption of 100 unit per month.
The complainant has stated that the aforesaid bill be revised because it is two excessive.
From perusal of the record it appears that this complaint petition was filed on 10.03.2008. Opposite parties appeared and filed Vakalatnama on 15.05.2008 and opposite parties filed written statement on 03.02.2009 ( by over side written as 03.02.2008). On 14.09.2011 there was direction that if the written statement was not filed the case will be hard ex – parte and on 22.08.2013 both side appeared and thereafter no one appeared and hence this case was reserved for order on 25.11.2015 in absence of both the parties and this order is being passed after perusing the record.
It is needless to say that this case was filed much earlier and we are not in position to know the present state of affairs in this regard. There has been massive change in the structure of electricity Board and now the electricity Board is bifurcated in several companies.
We are not position to know wheather the grievance of the complainant has been redressed or not because opposite parties has not filed any written statement.
We do not think it proper to keep this case pending any more in absence of written statement.
In view of the facts stated above we direct that if the complainant wishes or likes so he may approach the appropriate authority with facts and application containing relevant facts within the period of two months from the date of receipt of this order or certified copy of this order and if such application is filed then opposite parties are directed to take appropriate steps with regard to redressal of the grievance of the complainant in accordance with law with a reasoned order.
We further direct that till the appropriate order has been passed by competent authority on the aforesaid application of the complainant the amount of bill ( Arrear ) ( Annexure - ) will remain stayed, if not realized earlier.
This complaint petition is stands disposed off with direction referred above.
Member President
