DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 25th day of July, 2019
C.D Case No. 13 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Ananda Chandra Pallai
S/o: Late Govinda Chandra Pallai
At: Palasahi,
Po: Betaligaon,
Ps: Dhusuri,
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer, Bhadrak South Electrical Division, Bhadrak
At: Aradi Chhaka, Bhadrak
Po: Gelpur,
Ps/Dist: Bhadrak
…………………………..Opp. Parties
Counsel For Complainant: Sri B. Sahu (B) & Others, Adv
Counsel For the OP: Sri H. K. Pati, Adv
Date of hearing: 25.06.2018
Date of order: 25.07.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the OP is to the effect that the complainant is a domestic consumer bearing consumer account No- AG-65883 having 1.5 K.W load towards his residential premises at Palasahi under Asurali section of the OP. The complainant has obtained electricity supply connection to his premises at Palasahi upon execution of standard agreement with the NESCO and after electrification the consumer used to pay the demand charges of electricity consumption and as such the complainant became a consumer within the definition under provision of CP Act. The complainant has become aggrieved against the erroneous preparation of bills caused by the OP with his outstanding Rs 11,64,731.75p/-along with its billing over the amount. This is nothing but the negligence of the supply company for issuing those bills as a result of which the OP has violated the terms and conditions of the agreement. The complainant is here by disputing against the erroneous outstanding of amount Rs 11,64,731.75p/- along with the subsequent bill amount. This the deficiency of service caused by the OP. According to the bill particular up to January, 2014 (Annexure- 1). The consumer bills were charged on average basis without having a meter and the bill slapped was Rs 16,889/- per month till January, 2014 which is quite abnormal for a domestic consumer. After repeated requests by the complainant/consumer, one meter was installed on November, 2013 bearing serial No. 1486139 and on the basis of such meter reading the consumer billing was raised on actual basis which has been billed on dt. 18.03.2014 (Annexure- 2) bearing an amount of Rs 222/-. Since then the bill has been being prepared on actual basis as per meter reading. Although the new meter was installed in the month of November, 2013 the OP did not become sincere to revise the erroneous arrear bill up to January, 2014. The OP compelling the complainant to pay the same which has been imposed upon the current bills.
The OP without considering correction of the arrear bill up to January, 2014 (Annexure- 1) disconnected the power supply frequently demanding the abnormal and erroneous arrears bills as mentioned above till January, 2014. The disconnection notice dt. 13.07.2015 (Annexure- 3), disconnection notice dt. 13.01.2011 (Annexure- 4) are also enclosed here with. The power supply was disconnected by the OP from the date of 24.02.2011 to November, 2013 till the installation of the above meter. The disconnection period has been billed an average basis which the complainant has not used the power supply.
Due to such negligence act of OP, the complaint is in hardship for payment of the regular bill and he has suffered a lot from time to time. The complainant has suffered financially, mentally for such act of OP, and such the OP is liable to compensate the loss of Rs 100000/- for mental agony harassment and financial loss.
The cause of action arose on 10.02.2017 when the OP threatened to disconnection the supply. The complainant has sought for the following reliefs.
1. The erroneous outstanding bill up to December, 2013 be directed to revise the amount Rs 1,00,000/- be awarded against the OP for mental agony, harassment and cost of the litigation in favour of the complainant.
Documents filed by the complainant (Xerox copies).
1. Receipt dt. 31.01.2016- 1 sheet.
2. Receipt dt. 30.02.2016- 1 sheet.
3. Receipt dt. 16.11.2015- 1 sheet.
4. Receipt dt. 23.08.2015- 1 sheet.
5. Receipt dt. 15.07.2015 (613813)- 1 sheet.
6. Receipt dt. 15.07.2015 (613814)- 1 sheet.
7. Receipt dt. 30.09.2015- 1 sheet.
8. Blank sheets of bills (Annexure- 6 & 7)- 2 sheets.
9. Copy of disconnection dt. 09.04.2011 (Annexure- 5)- 1 sheet.
10. Meter replacement from dt. 25.04.2000 (Annexure- 9)- 1 sheet.
11. Disconnection notice dt. 13.11.2011 (Annexure- 4)- 1 sheet.
12. Disconnection notice dt. 13.07.2015 (Annexure- 3)- 1 sheet.
13. Bill dt. 19.11.2013 (Annexure- 10)- 1 sheet.
14. Bill dt. 22.01.2014 (Annexure- 11)- 1 sheet.
15. Bill dt. 23.02.2014 (Annexure- 1)- 1 sheet.
16. Bill dt. 18.03.2014 (Annexure- 2)- 1 sheet.
17. Bill dt. 20.11.2016 (Annexure- 8)- 1 sheet.
The written version for this complaint has been filed by the OP as follows. The OP has challenged the maintainability of this case in this Forum as per the provision of Odisha Electricity Act, 2003. He has also challenged the limitation and lacking the cause of action of this case. He has further denied all the allegations in the forgoing paragraphs of the complaint made by the complainant. The OP has admitted that the complainant is an electricity consumer bearing No. AG 65883 having 1.5 KW of domestic category under S.D.O (Electrical), Asurali Sub-Division, Asurali. The load factor billing has been made due to defective billing has been made as per O.E.R.C guideline. However, as per availability of meter as there was no consent of the complainant to provide a correct meter at his own cost, a correct new meter has already been installed on 20.01.2014 by the OP. The complainant is very much irregular in payment of electricity bill during defective period of the meter. He has not paid a single pie towards electricity bill and from the beginning, the complainant has been availing power supply uninterruptedly. In the mean while the average billing has already been revised and the complainant is liable to pay the revised amount. The copy of revision statement is annexed herewith as Annexure- 1. The petitioner has filed this case only to avoid legal demand of OP and has taken false plea of disconnection. As the electricity bill of the complainant has already been revised, so there is no dispute remains so, the complainant is not entitled to get any compensation for the same as the OP.
The OP has prayed for the dismissal of this complaint.
OBSERVATION
We have already perused the complaint and written versions filed by the complainant and the OP as well as the documents filed by them. In this present case the complainant has challenged the bills prepared by the OP are illegal, arbitrary and abinitio. He has sought for the relief of revision of the previous bills but the OP has admitted in his written version filed on 03.08.2017 that he has already revised the previous bills, and the same revision statement has been annexed with his written version and filed in the case record. The billing statement filed by the OP reveals that outstanding arrear which is amount to Rs 17,269.63p/- is still reaming has balance upon the complainant and the copy of the said billing statement has been served upon the advocate for the complainant, he received the same on 02.04.2018. The statement of accounts has also been enclosed with the case record. The said document shows that the meter status is correct. The monthly status of the billing statement has also been manifested in the said document. According to the complainant the OP was demanding Rs 11,80,235/- on dt. 10.02.2017 for the last time. The OP also threatened that if the complainant would fail to pay such amount is power connection shall compelled to be disconnected, but after revising the bill the statements of account shows that the amount Rs 11,50,858.66p/- is pending upon the complainant as arrear. For the above said reason the complainant was bound to file this complaint against the OP so the wrong and defective preparation of bill is a dishonest trade practice and deficiency of service of the OP. During the pendency of the case the arrear bills of the complainant has already been revised. So no relief can be awarded with regard to that aspect. As the OP has neglected the grievance of the complainant the later has been compelled to take shelter under this Forum. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on part against the OP on contest. The OP are here by directed to pay Rs 3,000/- towards cost of the litigation to the complainant. The OP is directed to carry out the same within 30 days on receipt copy of the order.
This order is pronounced in the open Forum on this day of 25th July, 2019 under my hand and seal of the Forum.
