Presented by Sri G.S.Pradhan, President:-<br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act-1986 and its brief fact is as follows:-<br /> <br /> The Complainant has taken electric connection for his domestic purposes after payment of the requisites fees of Rs.699/-(Rupees six hundred ninety nine)only to the Opposite Parties vide Estimate No. 57 Dt.08/09/07 as such the Complainant is a domestic category consumer under the Opposite Parties. But the Opposite Parties since the date of connection raising the bill of the Complainant on commercial count. The Complainant requested the Opposite Parties time and again to rectify the category of his connection but they did not pay any heed to its request and prepare the bills arbitrarily on commercial basis. The bills prepare by the Opposite Parties on commercial basis was heavy thereby he could not pay those bills in time. However the Complainant has paid a sum of Rs.10,100/-(Rupees ten thousand one hundred)only as a lump sum payment for the electric consumption vide receipt No. 06719138 Dt.17/12/2008. At the time of payment the Complainant requested the Opposite Parties to rectify the bills which is prepared on commercial basis.<br /> <br /> In spite of several request by the Complainant, the Opposite Parties once again further raised the bills on commercial count for a sum of Rs.41,284/-(Rupees forty one thousand two hundred eighty four)only for payment and ultimately served a disconnection notice Dt.07/03/2009. The Complainant given seven days time for payment and ultimately on Dt.16/03/2009, the Opposite Parties disconnected the line of the Complainant. The Complainant shows his willingness to pay the bill if the same be rectified on domestic basis.<br /> <br /> Due to non-rectification of the bills prepared by the Opposite Parties on commercial basis even after repeated request made by the Complainant and serving disconnection notice are amounts to deficiency in service on the part of the Opposite Parties.<br /> <br /> The Complainant claims for rectification of the bills on domestic basis and Rs.15,000/-(Rupees fifteen thousand)only for their deficiency in service towards the Complainant.<br /> <br /> In its version the Opposite Parties denied any deficiency service on its part towards the Complainant and also denied to have received any complain petition from the Complainant for rectification of bill prior to Dt.19/01/2009. The Opposite Parties contends that on received of the verbal complain on Dt.20/01/2009 from the Complainant, the Opposite Parties started to take appropriate action for revision of the bills and change of consumer category. After verification report received from the Junior Engineer, the bill for the disputed period Dt.08/09/2007 to Dt.31/03/2009 is prepared and put up for prior approval of the competent authority in where an amount Rs.2,359/-(Rupees two thousand three hundred fifty nine)only is found as excess payment which will be also shown adjustment in his subsequent bill i.e. from May-2009 respectively and affected the consumer category as domestic.<br /> <br /> The Opposite Parties contend that during issue of notice and disconnection of power supply, the revision bill process was under departmental progress. So no such intimation has been intimated to the Junior Engineer concerned for which unknowingly he served the notice and taken action for non payment of the outstanding bill amount on or before the stipulated date under Section 24(1) of the Indian Electricity Act-191. Issuance of notice and disconnected the supply of the Complainant is beyond the knowledge of Opposite Party No.2(two). The case solves immediately after considered not to accept payment for a nominal part payment and restored the power supply with out delay. As the bill revision and change of consumer category have already been settled and affected into the bill for the month of April-2009, there is no any deficiency and negligency in providing proper service by the Opposite Parties towards the Complainant and prays to drop the case.<br /> <br /> Perused the complaint petition, Opposite Parties's version as well as the copies of documents filed by the Parties and find as follows:-<br /> <br /> It is not disputed by the Opposite Parties that, the Complainant has taken electricity connection for his use as domestic purposes after depositing the required fees of Rs.699/-(Rupees six hundred ninety nine)only on Dt.08/09/2007, and the Opposite Parties have issued the bills on the basis of commercial count. It is also not disputed that the Opposite Parties have served disconnection notice on the complaint demanding payment of the outstanding bill amount prepared on commercial count with in seven days and ultimately the Opposite Parties have disconnected the electric line of the Complainant. It is denied that the Opposite Parties have not received any complaint letter from the Complainant for rectification of the consumer category and the bills issued by the Opposite Parties before Dt.19/01/2009. The Opposite Parties contends that on verbal approached regarding his bill dispute on Dt.20/01/2009, the Opposite Parties have affected the change of consumer category as domestic and prepared the final revision bill for the period September-2007 to March-2009 where in an amount Rs,2,359/-(Rupees two thousand three hundred fifty nine)only found as excess payment which will be shown adjustment in his subsequent months bill i.e. from May-2009 onwards respectively. But the facts remains here that, the Opposite Parties have affected the change of consumer category as domestic and revised the bill after filing of the case by the Complainant. The Complainant would have not filed this case against the Opposite Parties if the Opposite Parties would have done it before filing of this present case. Since the date i.e. Dt.08/09/2007 of connection of the electric line to his house, the Opposite Parties have issued the bills on commercial count and the Complainant had made several complaint before the Opposite Parties for rectification the consumer category and rectification of the bill but the Opposite Parties did not listen to the request of the Complainant and ultimately disconnected the line for non payment of the bill amount and alleges that, the Complainant has not made any complain before the Opposite Parties regarding the dispute prior to Dt.19/01/2009 is not believable. This act of the Opposite Parties amounts to deficiency in service and negligent in service on the part of the Opposite Parties.<br /> <br /> In view of above discussion the Complaint is allowed and ordered as follows:-<br /> <br /> The Opposite Parties are directed jointly and severally to pay Rs.2,000/-(Rupees two thousand)only towards cost/compensation to the Complainant within thirty days hence failing of which 18%(eighteen percent) interest per annum shall be charged on the awarded amount till the date of payment.<br /> <br /> Complaint disposed off accordingly.