The case of the Complainant in nut-shell is that he is a domestic consumer of electricity bearing consumer No.BZ-2650. On 27th August,2010, O.Ps installed a new digital meter in the premises of Complainant by replacing the meter purchased by him on the ground of defectiveness. At that time it was told by the O.Ps that the Complainant shall have to pay Rs.1400/- @ Rs.40/- per month for 3 years towards the cost of the new meter. According to Complainant he has already cleared the cost of new meter as on August,2013 but the O.Ps are charging @ Rs.40/- per month till date. The Complainant made written complaint before the O.Ps but they remained silent. Subsequently, the Complainant requested the O.P.No.2 on 28.02.2014 and finally filed this case on 24.05.2014 praying for a direction to O.Ps to refund the excess meter rent paid by him along with compensation of Rs.5,000/- towards mental agony and harassment suffered by him.
O.Ps filed their written version stating that after being intimated about kthe excess meter rent, the consumer’s electricity bill has been revised after obtaining approval from competent authority and after completion of all official formalities, matter was intimated to billing section at Balasore. However, at present the electric bill has already been revised and claiming meter rent has stopped in the bill. As the matter is unintentional and it has already been solved, the O.Ps prayed for dismissal of the complaint.
We have heard the Complainant in person and the authorized representative of O.Ps Mr.Dey and perused the documents filed by both sides. The Complainant has filed Xerox copy of meter installation report dt.27.08.2010 (Sl.No.17653),Xerox copy of energy bill for the month of April,2014, wherein meter rent of Rs.40/- has been charged, Xerox copy of letter dt.28.02.2014 sent to O.P.No.2 requesting not to charge meter rent henceforth and the refund the excess meter rent collected from him and Xerox copy of postal acknowledgement. Similarly, the O.Ps have filed Xerox copy of billing statement wherein meter rent for 43 months have been charged @ Rs.40/- per month starting from September,2010 to April, 2014, Xerox copy of meter rent calculation sheet showing meter cost as Rs.1600/- and excess meter rent recovered during 02/2014 to 04/2014 for 3 months @ Rs.40/- from Complainant. The O.Ps have also filed Xerox copy of electricity bill for the month of May,2014 wherein “zero” meter rent has been charged from Complainant.
While going through the record and having heard both sides, the Forum is convinced that meter rent from May,2014 is not being charged by the O.Ps. The Complainant has not filed any document showing that the cost of the installed meter is Rs.1400/- as has been alleged in the complaint petition. According to O.Ps the cost of the new meter is Rs.1600/-. So the burden lies on the Complainant to prove that the cost of meter is Rs.1400/-. This has not been done in this case. So we are inclined to hold that the cost of the meter is Rs.1600/-. It has been admitted by O.Ps that Rs.120/- has been recovered from the Complainant towards meter rent as excess from 02/2014 to 04/2014. Accordingly, administrative approval has been obtained to withdraw Rs.120/- towards excess meter rent collected from the Complainant. It is settled principle of law that admitted fact need not be proved. When the O.Ps have recovered excess amount from the Complainant towards meter rent, it amounts to deficiency in service. It is found that in spite of receipt of written complaint sent through Regd. Post on 28.02.2014 by Complainant, the O.Ps went on recovering the meter rent till April,2014 which compelled the Complainant to knock the door of District Forum. So the Complainant is certainly entitled to get litigation cost from O.Ps. Accordingly, it is ordered:
O R D E R
In the result, the complaint is allowed in part against the O.Ps. The O.Ps are directed to revise the electric bill adjusting the excess amount recovered from the Complainant, if not adjusted in the meanwhile, and to pay litigation cost of Rs.500/- which may be adjusted in the future bill of the Complainant within a period of 30 days of receipt of this order.
