The complainants Ramdev Mahato has filed this complaint petition against Executive Engineer East, Ramdayalu Nagar Muzaffarpur (o.p) with prayer to set a side the electricity Bill sent to complainant by o.p in June 2005, to regularize the electric connection in the campus of complainant by fixing two poles, already damaged, for realization of RS. 30,000/- for physical and mental harassment and Rs. 20,000/- as litigation cost total Rs. 50,000/- as compensation amount.
The, brief, facts of the case is that the bill sent by executive Engineer (o.p) up to June 2005 for Rs. 26737.50 is wrong and arbitrary. It has been further mentioned that the complainant had filed a petition on26-08-1997 by depositing Rs. 28.70, to disconnect his line and accordingly the o.p had disconnected the same. It has been further alleged that after laps of 8 years, the o.p sent arrear of electric bill for Rs. 26,150.54/- . 533.02/- for D.P.S. & meter charge Rs. 65.72 for that the complainant met with o.p and requested to cancel the electricity bill and pressurized the complainant to deposit the bill amount. The further case is that, thereafter, on 28-12-2005 the complainant sent a notice to the o.p through Director Consumer Protection movement . The further case is that the Director, Consumer Protection movement wrote a letter bearing No.- 51/vidhut/12/45 dated 28-12-2005 to the o.p, inserting the above facts and requested to stop the electric supply and electricity bill in the name of complainant. The further case is that o.p didn’t answer of the above letter. Lastly, the complainant filed this complaint petition before the forum.
The complainant has filed the following documents with the complaint petition - photocopy of letter no. 51/vidhut/12/05 dated 28-12-2005 annexure-1, photocopy of bills annexure- 2 to 4, photocopy of petition dated 26-08-1997 filed by Ramdeo Mahato (complaint) annexure-5, and photocopy of receipt annexure-6,
On issuance of summon, o.p appeared and filed his w.s. on 27-04-2005 with prayer to dismiss the complaint of complainant and to order for realization of arrear bill Rs. 325337.33/-. It has been mentioned in the w.s. that the complainant petition is time barred. It has been further mentioned that there is arrear of Rs. 32,597.33 against the complainant till March 2006. It has been further mentioned that the complainant never filed petition for disconnection as per rule of Bihar State Electricity Board by depositing full amount of disconnection and his connection is effective till date. It has been further mentioned that regular bill are generated in the current account of complainant. He has annexed statement of account of Misc. charge in original as annexure-A.
On behalf of complainant 5 witnesses that is AW-A Maujelal Mahato, AW-2 Durgesh Mahato, AW-3 Suraj Mahato AW-4, Annand Lal Mahato and AW-5 Ram Deo Mahato (complainant himself ) have been examined on affidavit.
No evidence has been adduced on behalf of o.p.
The main question for determination is as to whether there is any deficiency in service on part of o.p.
The complainant has asserted in his complaint petition that he had applied for disconnection on 26-08-1997 by depositing disconnection fee Rs. 28.70/- and accordingly the electric line was disconnected by the o.p. He has further asserted that after long gap of 8 years, o.p sent arrear bill of Rs. 26737.50/- which was protested by him but the same has not been cancelled by the o.p as yet.
It is an admitted fact that the complainant is consumer of the o.p. The o.p has also admitted this fact that there is arrear of Rs. 32597.33 paise of electricity bill till March, 2006. He has also asserted that complainant has not filed full fee of disconnection according to rule of Bihar Electricity Board., So, disconnection was not made and his electricity is still effective. He has also stated that regularly bill are sent on his Current Account.
The complainant has adduced evidence on the point that on the application and request of complainant disconnection was made by the o.p AW- Maujelal Mahato, AW-2 Durgesh Mahato, AW-3 Suraj Mahato, AW-4, Ananad lal Mahato and AW-5 Ram deo Mahato have consistently stated in their deposition on affidavit that the electricity pole was damaged, so, the wire of the electricity was hangover. They have further stated that the complainant applied for disconnection of the electricity bill on the direction of Anand lal Mahato, Durgesh Mahato , Maujelal and Suraj Mahato.
The complainant AW-1 Ram deo Mahato has also stated in para-8 of his deposition that the staff of the electricity disconnected the line of his house. He has further stated in para-9 of his deposition that he requested the o.p to repair the pole and light the electricity wire. He has further stated that he has also requested the o.p not to run the electric line until the pole is not repaired and not to send electricity bill for the period. He has further stated in para-10 of his w.s. that Executive Engineer assured him about not to send electricity bill for that period.
No evidence has been adduced on behalf of o.p to rebut the aforesaid evidence. On behalf of o.p only a statement of bill from 2003 to 03-2006 has been filed as annexure-A and the same has also not been supported by adducing any evidence. It was duty of the electricity Department to repair the damaged pole and to insure continuous electricity supply in the wire. The complainant has annexed photocopy of letter dated 28-12-2005 to written Executive Engineer Bihar Electricity Board Muzaffarpur (East) through Director, Consumer Redressal movement Muzaffarpur for sending illegal electricity bill. There is no evidence on record on behalf of o.p to show that he fullfilled his duty by tightening electricity wire and reconnecting electricity to the house of complainant.
In the circumstances we are of the considered opinion that there is deficiency on the part of the o.p and a bill of Rs. 26737.50 sent to the complainant from 26-08-1997 to Jne 2005 which is not valid in the eye of law.
In the circumstances the complaint petition is allowed and o.p is directed to cancel/recall the electricity bill sent to the complainant since June, 2005 and to insure the regular electricity supply in the house of complainant by erecting electricity pole after fullfing the requirements as per law. O.P. is also directed to pay the compensation of Rs. 15,000/- as physical and mental harassment and Rs. 10,000/-as litigation cost to the complainant within 2 months from the date of the order, failing which he shall be responsible for payment of aforesaid amount with 8 % p.a. interest till realization.
