Learned counsel for the parties are present. No counter to the memo of complainant dt.23.02.2023 is filed by the O.Ps. Heard the counsel for the both parties present. Perused the material on record
It is submitted that, complainant has availled electricity supply from the ops for his Rice Mill to maintain his livelihood bearing consumer No.BHPT/3-0054.He has been paying the bill for consumption of electricity regularly . However, the O.Ps had issued a bill bearing No.25 in the month of June 2020 for an amount of Rs.10,62,025/- where they have charged an amount of Rs.7,84,452.74/- as arrear amount and Rs.3,49,293/- as current bill amount though the complainant has been paying bills regularly . It is alleged that, said bill is inflated one shows unfair trade practice & deficient service on the part of Ops caused financial burden & mental agony. Hence, this complaint for a direction to the ops to wave the arrear bill and for further direction to pay compensation with litigation cost without disrupting electricity supply to the complainant.
On being notice ,the O.Ps appeared on 10.08.2020 through their learned counsel Sri. N.R Mishra but failed to filed their written version within the stipulated period of time as such the written version file by the O.Ps on 09th March 2023 is not taken into consideration in view of order dt.04.03.2020 passed by the Hon’ble Supreme Court of India New India Assurance Co. Ltd vs Hilli Multipurpose Cold Storage, so also , in absence of specific pleadings, the evidence on affidavit filed by the authorized person of the ops may not be acceptable.
The Learned counsel for the O.Ps challenged the maintainability of this consumer complaint orally on the ground that, the complainant has avail electric connection for commercial purpose.
Admittedly ,electricity supplied to the complainant is of commercial category /general purposes as it revels from the alleged bill for the month of June 2020 . However, nothing placed on record to prove that, the complainant has availed electricity supply form the O.Ps solely for the commercial purpose and not for earning of his livelihood by way of self employment in the unit i.e. M/S SKM Rice Mill. Rather, the averment of the complaint petition that, the complainant has availed electricity to earn his livelihood remain unchallenged /un rebutted as such submission of learned counsel for the O.Ps that ,the complainant is not maintainable under C.P.Act 2019 is not acceptable .
During hearing of this case, the complainant has filed a memo on dt.23.02.2023 stating therein that, the dispute is there on the alleged bill for the month of June 2020 only where the O.Ps has claimed huge amount of arrear arbitrarily though the complainant has been paying bill for consumption of electricity to the O.Ps regularly. It is submitted that , the complainant is ready to pay the genuine bill after revision of the alleged bill raised in June 2020 and he has no other grievance remain against the O.Ps as electricity has never been disrupted by the O.Ps since the interim order dt.09.07.2020 passed by this Hon’ble Commission.
Considering the limited grievance of the complainant and pending collection of bill of huge amount i.e public money ,we are of the opinion that , revision of alleged bill may end the dispute between parties hence it is order.
The Opposite party is directed to revise the bills for consumption of electricity against the complainant vide consumer No.BHPT/3-0054 by recalling the alleged bill of June 2020 and rectify the error if any for raising such a huge amount of arrear as alleged by the complainant within four week of receiving of this order. The ops may collect the genuine bill following the procedure as prescribe, preferably in easy instalment, without disrupting electricity supply to the complainant premises. The complainant is also directed to pay the current actual bill for consumption of electricity to the O.Ps regularly on demand.
Complaint disposed of accordingly.
Extract of this order be supplied to the parties free of cost for compliance.
