SMT. RAJASHREE AGARWALLA, MEMBER:-
Deficiency in service in respect of serving illegal and arbitrary energy bills having huge arrear outstandings are the allegations arrayed against Ops.
2. Complaint, in a brief reveals that, Complainant in order to maintain her livelihood runs a small huller unit and availed the power supply from the Ops bearing consumer NO. IKK(I)076 and was paying the monthly energy dues regularly. It is alleged that, in the year 2005 the meter installed in the unit of the complainant was burnt and after few months the Ops installed a new meter till then the Ops were serving the energy bills on ‘average’ consumption basis without rectifying the defects. It is also the case of the complainant that in the year-2012 again the meter of the complainant was defective due to burn and the new meter was installed on the month of dtd. 26.12.2016. The energy bills in the period 2012 to 2016 were prepared on ‘average’ consumption basis. After installation of new meter the complainant is paying the dues regularly and approaching the Op-authorities to rectify the erroneous billings which are prepare on ‘average’ consumption basis, but same is not rectified till-date. It is also alleged that Ops without considering the grievance of the rectification of energy bills pressing heard for payment of erroneous arrear outstandings and are threatening to disconnect the power supply for its non-payment. The Acts of the Ops according to complainant is deficiency in service, which caused financial loss and mental agony to the complainant. The cause of action of the instant complaint arose on 27.03.2019 and 30.03.2019 when the Ops demanded illegal arrear outstandings and threatened to disconnect the power supply. The complainant preys this Forum to issue direction to Ops for rectification of energy bill, not to disconnect the power supply and to pay Rs. 60,000/- as compensation for mental agony alongwith cost of litigation.
3. OP-electricity authorities on receipt of the Notice appeared through their Ld.Counsel Mr. P.K.Samal and filed written version into the dispute. In the written version, it is averred that complainant is a commercial category of consumer under Ops bearing No. IKK(I)-076 and Ops deny the allegations of the complainant and stated that complainant is having an arrear outstandings of Rs. 3,05,670.49 till 7/19 for non-payment of arrear dues. The written version also reveals that the Ops are ready to revise the arrear outstandings, without any installment facilities if the complainant makes an application for revision of the same, accordingly the complainant is to be dismissed with cost.
4. Heard the Ld. Counsels for the parties, perused the documents field into the dispute. Complainant to substantiate her case field attested Xerox copy of money receipts, billing abstracts, letter addressed to Op-authorities on dtd. 18.11.2005, 04.10.2018, 31.12.2016 and retail invoice on support of purchase of Meter dtd. 04.12.2016. The complaint is filed with grievance of arrear outstandings pending against the complainant bearing consumer No. 1KK(I) 076. In support of their respective claims, we examined the consumer billing statement and letters addressed to Op-authorities on different dates which is duely received by the officials of Ops. The consumer billing statement from the period March-2005 to July-2019 an outstanding of Rs. 3,05670.90 is pending as arrear dues upto 7/2019. The statement further reveals that the bills are prepared on ‘average’ consumption basis for 10/2005 to 02/2006 and from 09/2012 to 12/2016. It is also clear from the letters presented by the complainant that, she has made an application for revision of arrear outstandings on 18.11.2005, dtd. 26.12.2016 and on 05.10.2018. It is further clear that the grievance of the complainant remains unheard till-date by the Op-authorities. However, the Ops on their written version averred that they are ready to revise the arrear outstandings as per the Provisions. Accordingly, this Forum is of the opinion that, if the average billing period of the complainant is revised as the Provisions of O.E.R.C.-2004 the grievance of the complainant will be fulfilled. Hence, Ops have to withdrawn the illegal and erroneous energy bill reflecting the arrear outstandings served on the complainant. During course of argument Ld. Counsel for complainant submitted that as the complainant being a lady sustain financial loss due to irregular-running of huller unit, if after revision of arrear outstanding any amount is pending on the complainant same to be paid by fixing few installments. The submissions of the complainant is vehemently opposed by Ld. Counsel for Ops by submitting that in case of revision of arrear outstandings, there is no provision of installment facilities for the consumer. On perusal of consumer billing statement, it appears that the unit of the complainant is running not upto the expectation from Jan-2017 to till-date, and complainant-consumer is consuming a very small unit per month to run her huller unit. We feel that, if any amount after revision is pending on the complainant same to be paid on installment basis for her self-sustinance. Our view is supported by Regulation-95 of Chapter-X of the OERC Code-2004 which provides provisions for installments in certain category of cases. We feel it proper to direct the Ops to collect the arrear outstandings, if any pending against the complainant-consumer after its revision same to be collected in 5(five) monthly installments alongwith usual monthly energy bills.
Having observations reflected above it is directed that, Complainant-consumer within one month of receipt of this order shall apply for revision of arrear billings, on receipt of application for revision of arrear outstandings by the complainant, the Ops shall revised, the arrear outstandings which are prepared on ‘average’ consumption basis from the period from 10/2005 to 02/2006 and from 9/2012 to 12/2016 as per the law. The process shall be completed within one month of receipt of the revision application and it is further directed that the Ops shall take into Account the payments made by the consumer during the disputed billing period and to collect the arrear outstandings if any as per our observation made above. Failing to comply the order, action be initiated against the defaulting parties for non-compliance of the order. Till the completion of the process Ops are hereby restrained to take any coercive action against the complainant-consumer bearing No. IKK(I)076.
Accordingly, Complaint is allowed in part without cost on contest against the Ops.
Pronounced in the open Court, this the 10th day of September-2019.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
