STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Appeal No. 131 of 2019

Mr. Narrendra Kumar Singh S/o Sri Kalpnath Singh, Resident of MIG 10 (old) Housing Colony, Dalpathpur, P.S. – Arrah Nawada District Bhojpur

                                                                                                                                                        … Complainant/Appellant

Versus

Electric Executive Engineer, South Bihar Power Distribution Co. Ltd, Electric Supply Division, Arrah Bhojpur

                                                                                                                                              …. Opposite Parties/Respondents

Counsel for the Appellant:     Mr. Pritam Kumar

                                               Mr. Binay Kumar Choubey, Advocates       

Counsel for the Respondent: Mr. Shrekant Sharan Singh, Advocate

Before,

Hon’ble Mr. Justice Sanjay Kumar, President

Mr. Ram Prawesh Das, Member

    Mr. Md. Shamim Akhtar, Member

Dated:-11.09.2023

As per Sanjay Kumar, President.

O r d e r

Present appeal has been filed by Complainant/Appellant for setting aside the judgment and order dated 08.01.2019 passed in Complaint Case No. 78 of 2012 passed by the learned District Consumer Forum, Bhojpur, whereby and whereunder the complaint case has been dismissed as time barred.

2.   Briefly stated the facts of the case is that complainant had filed a Complaint Case bearing Complaint Case No.78 of 2012 before the District Consumer Forum, Bhojpur for correcting the electricity Bill as well as replacement of Electric Meter but opposite parties did not take any steps to either correct the Bill or replace the meter.

3.     It is further stated that Domestic Electric Connection was provided to complainant in 1997 and monthly Electricity Bill was issued to him on average unit basis.

4.      Annexure-1 is monthly Bill dated 28.02.2000 in which present and past reading is  shown as 970 and Bill has been prepared on average unit basis as 50 unit and total Bill payable is Rs.4,430/-including arrears as Rs.4,282/- and same was paid on 11.03.2000.

5.     Annexure-2 is Bill dated 17.10.2000 in which also present and past reading is shown as 970 and Bill has been prepared on average unit basis as 100 unit and payable amount is Rs.999/- which includes arrears as Rs.835/- which was paid on 24.10.2000.

6.    Annexure-3 is Bill dated 13.12.2003 in which also present and past reading is shown as 970 and Bill has been prepared on average unit basis as 100 Unit and payable amount is Rs.486/- which includes arrears as Rs.254/- which was paid on 27.12.2003.

7.     Annexure-4 is Bill dated 13.04.2004 in which present reading is shown as 1040 unit and past reading is 1000 unit and Bill has been prepared as 40 unit and payable amount as Rs.737/- which included arrears of Rs.604/- and same was paid on 27.04.2004.

8.      Complainant is aggrieved by Annexure-5 which is Bill dated July 2004 in which past reading is shown as 1080 and present reading is shown as 3799 unit and unit consumed is 2719 and payable amount is Rs.7, 891/- which is highly inflated.

9.   Complainant filed complaint against inflated Bill of July 2004. Complainant further filed complaint (Annexure-8) dated 24.09.2004 giving details of previous Bills in which payable amounts were far less than disputed Bill of July 2004 but no action was taken to correct the Bill. Complainant thereafter represented several times but with no result.

10.   However without correcting the previous electricity Bill, Bill for the month of November, 2012 (Annexure-6) was issued showing past reading as 3799 and present reading as 3799 and Units consumed “0”  and Bill was prepared on average unit basis as “40”showing energy dues as Rs.49,238/- DPS as 39,209/- total arrears as Rs.88,448/- and current Bill payable Rs.910 which includes DPS as Rs.729/- and energy charges as Rs.104/-. 

11.   Opposite party appeared and filed its written statement stating therein that Electricity Bill of complainant has been rectified on basis of inspection report dated 03.12.2013 submitted by Junior Electric Engineer on the basis of tariff and inspection report which is enclosed as Annexure-A.

12.   It is further stated that as per Bill of July 2014, total energy dues against complainant is Rs.71,715/- and in September 2014 total dues was Rs.73,405/-. Electricity Bill has been issued on the basis of minimum unit as complainant has not allowed the meter to be examined and to take reading on the ground that dispute is subjudice before District Consumer Forum. 

13.   Opposite party has enclosed inspection report dated 31.12.2013 of Junior Electric Engineer and inspection report in which it is specifically recorded that present reading of meter is of 423 (28.12.2013) and meter is closed but Electric supply is continuing as such how a statement has been made in Affidavit filed by opposite parties that complainant is not permitting to take meter reading.

14.   Heard the parties.

15. The finding recorded by the District Consumer Commission that complaint case is barred by limitation is not sustainable.

16.   Complainant has filed complaint case for rectification of inflated monthly Bill of July, 2012 as such complaint case was not time barred.

17.    Complainant paid regularly monthly Bill upto 2004 and received Bill of July 2004 which was ten times higher than regular monthly Bill. Complainant filed several representations to correct the Bill but same was not corrected and inflated monthly Bills were continued to be issued.

18.    Complaint of complainant to replace the faulty meter was also not addressed.

19.   Issuance of inflated Bill in spite of several objections filed for correction of electricity Bill and non-replacement of defective meter gives continuous and recurring cause of action as such complaint case was not time barred.

20.    As the grievances of complainant have been redressed by issuing a corrected monthly Electricity Bill of December 2013/September 2014 during pendency of complaint case as such no purpose will be served by remanding the matter. Corrected Bill of July 2014 is on record.

21.   Counsel for the Appellants submits that no copy of inspection report dated 31.12.2013 was given to complainant nor his objections were heard before issuance of corrected Bill of July 2014.

22.   The Appeal is disposed of with liberty to Appellant that if any grievances still survives with respect to corrected Bill of July 2014 and subsequent energy Bills, he may  represent the Competent Authority under the Bihar Electric Supply Code 2007 within three months along with a certified copy of order passed by this Commission and said Authority shall decide said representation within three months from date of receipt of representation and shall decide the matter after affording reasonable opportunity of hearing to  the complainant. Complainant has to deposit the required electricity dues in terms of Bihar Electric Supply Code 2007 failing which opposite party shall be at liberty to take appropriate action in terms of the aforesaid provision.

23.   If complainant is dissatisfied with decision of Competent Authority under Bihar Electric Supply Code 2007, he may take recourse to such remedies as available in law.

Member                                                                Member                                                                                           President