SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of providing inflated energy bill are the allegations arrayed against Ops.
2. Complaint in brief reveals that, Complainant is a consumer under Ops bearing old Consumer No.-D18A235 and new consumer No. is 02103186 and the said consumer No. was allotted to his uncle Kamadev Mallik and after his death Complainant is enjoying the power supply, and complainant belongs to BPL category of family. It is alleged that Ops are putting pressure to replace a digital meter in place of Jaipur made meter and Ops took 8 months to replace the meter. It is also alleged that without taking into account of the payments, Ops issued false money receipts for which an imaginary arrear outstandings fixed on the name of the Complainant. According in the complaint, it is prayed a direction may be given to Ops to Rs. 9,300/- along with interest and to pay cost of litigation amounting of Rs.3,000/-.
3. Being noticed Ops appeared through their Ld. Counsel and filed joint written statement by submitting that Complainant’s uncle Kamadev Mallik was the consumer bearing No. 02103/86 and complainant’s meter was defective for a period from 8/2012 to 2/2013 for which the bills were prepared on average basis and the arrear outstanding till Nov-2016 in for Rs. 10,207/- and Complainant has not paid a single amount from October-2015 to Nov-2016. It is further averred that Complainant has not made any complaint to revise the energy bills as per Regulation100 (3) of the OERC-code, accordingly the Ops have not committed any deficiency in service and the Complaint is liable to be dismissed with exemplary cost.
4. Heard the Ld. Counsel for Ops and case of the complainant on merit, perused the documents filed by the parties. The admitted facts of the case are that Complainant enjoys power supply as a domestic category of consumer bearing consumer No.-02103186 which is recorded in the name of complainant’s
deceased uncle Kamadev Mallik. In the Complaint, it is alleged that due to delay in installing the meter by Ops for a period of 8 months, the bills were illegally prepared an average basis and prays this Forum for refund of Rs. 9300/-, which was paid to the Ops.
It appears from the consumer billing statement that the monthly energy bills of Complainant is prepared on average basis from 8/12 to 2/13 and Ops are ready to revise the said average period as per the provisions of OERC. The allegation and prayer for refund of Rs. 9300/- as claimed by the Complainant have no legal basis and the consumer billing statement reflects that from 3/05 to 10/16, Complainant was enjoying power supply on ‘Actual’ consumption basis. It is noticed from the billing statement that Complainant has not paid a single pie from 10/15 to 10/16, though enjoys the power supply. The other allegation of Complainant regarding issue of false money receipts against his payment is not any way proved by the Complainant, and if it is a fact, same allegations are criminal offences and this Forum can’t adjudicated such disputes. Complainant has to approach different Forum/Court for redressed of his grievances. In the circumstances, when the Ops are ready to revise the energy bill for the period 8/12 to 2/13, accordingly the dispute is resolved.
Having observations reflected above, it is directed that Ops will revise the monthly energy bill of Complainant bearing consumer No.- 02103186 as per the regulations of OERC and a revised monthly bills will be served on the complainant within one month of receipt of this order, failing which action will be intimated against the Ops as per the provisions of C.P.Act, 1986 till service of the revised energy bills Ops are here by restrained to take any corecive action against Complainant.
Complaint is allowed in part without cost.
Pronounced in the open Court, this 25th day of July,2017.
