The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, NESCO, B.T.E.D, Basta, Balasore, O.P No.2 is the S.D.O, Electrical, NESCO, Jamsuli, Balasore and O.P No.3 is the J.E, Electrical, NESCO, Baliapal, Balasore.
2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps bearing Consumer No.JBD-14964 and he has been paying the monthly energy bills as per his consumption. On dtd.20.07.2012, the O.Ps came to the house of the Complainant and asked to pay Rs.15,000/- (Rupees Fifteen thousand) only as additional charges. When the Complainant objected the illegal demand of the O.Ps, they threatened the Complainant that if he will not pay the above demand of the O.Ps, then they will disconnect the electricity connection from his house. Again on 26.07.2012, the O.Ps came to the house of the Complainant and charged the balance electric charges and issued a vague energy bill mentioning 2961 units amounting to Rs.17,849/- (Rupees Seventeen thousand eight hundred forty nine) only. The meter installed by the O.Ps in the premises of the Complainant is ok as they have never claimed that the meter is a defective one and the Complainant was also paying the monthly electric bills as per his consumption as reading in the said meter. There was no excess consumption of electricity by the Complainant beyond the meter reading. The O.Ps came to the house of the Complainant on 14.03.2015 and demanded the above said wrong and illegal electric charges and threatened the Complainant that if he will not pay the same within 15 days, then they will disconnect the electric connection from his house. Thereafter, the Complainant approached the O.Ps in several occasions for correction of the illegal electric bill, but they did not pay any heed to it, for which the Complainant has been suffering from harassment and mental agony and it amounts to deficiency of service on the part of the O.Ps. So, the Complainant has filed this case against the O.Ps for necessary relief. Cause of action to file this case arose on 14.03.2015. The Complainant has prayed for directing the O.Ps not to impose any additional charges against him along with compensation and litigation cost.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability. The O.Ps have further submitted that the Complainant is a domestic Consumer under them and he has not been paying the electric bills regularly. The O.Ps have verified the premises of the Complainant on dtd.22.08.2015, where it was detected that the check meter installed in the premises of the Complainant earlier was not found there and when they have asked the Complainant about this, he has returned the meter by separating the check meter from the system to temper the accuracy of the meter. So, the line was disconnected by the O.P No.3 due to unsafe of installation U/s.46 and 34 of OERC Code-2004. From the above instance, it is revealed that the Complainant has an illegal nexus with the meter reader, for which 2961 units was suppressed in June-2012. Hence, the case of the Complainant is liable to be dismissed.
4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-
(i) Whether this Consumer case is maintainable as per Law ?
(ii) To what relief the Complainant is entitled for ?
5. In order to substantiate their claim, both the Parties have filed certain documents as per list. It has been argued on behalf of the Complainant that when the illegal demand of Rs.15,000/- (Rupees Fifteen thousand) only by the O.Ps has not been filled up by the Complainant, they threatened the Complainant to disconnect the power connection from his house and subsequently on 26.07.2012, the O.Ps issued a vague bill mentioning 2961 units amounting to Rs.17,849/- (Rupees Seventeen thousand eight hundred forty nine) only to the Complainant vide Annexure-2. Thus, the Complainant approached the O.Ps for correction of such illegal electric bills, but they did not pay any heed to it, for which the Complainant has been compelled to come to this Forum praying for directing the O.Ps not to impose any additional charges against him along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the Complainant with illegal nexus with the meter reader, had suppressed the regular meter reading and getting very low meter reading, for which the meter was checked by sending a office staff of the O.Ps, where it was detected that in the month of May-2012, the meter reading was 3862 units and in the month of June-2012, the reading came to 6823 units and basing on it, the consumption charge has been levied. Further, it has been argued that a check meter has been installed in the premises of the Complainant to check the actual reading of the existing meter and when on visiting by the office squad of the O.Ps, the check meter has not been found and it has been disconnected by the Complainant and it was handed over to the O.Ps by the Complainant. Prior to it, the reading of the check meter could not have been taken by the office staff of the O.Ps as the Complainant did not allow the staff to take the reading of the check meter. But, in the pleading and also in his argument, the Advocate for Complainant was silent about such check meter installation. If the Complainant could have come to this Forum in clean hands, he should have filed all the electric bills and payment receipts prior to June-2012 and after June-2012. But, in this regard, he was also silent. So, it shows that the Complainant has consumed the charges of such electric bills and has not paid the required amount. It has also been argued on behalf of the O.Ps that prior to June-2012, the Complainant has not paid the electric bills regularly and the total due till March-2015 was Rs.19,140.40 ps. (Rupees Nineteen thousand one hundred forty and forty paisa) only as per Annexure-A.
6. So, now on careful consideration of all the materials available in the case record and after hearing both the sides, I am in the opinion that the Complainant has not been come to this Forum in clean hands, rather he is a regular defaulter in payment of electric dues and I also found no defect from the side of the O.Ps, for which the Complainant is not entitled to get any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, ordered:-
O R D E R
The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without cost.
Pronounced in the open Forum on this day i.e. the 16th day of November, 2019 given under my Signature & Seal of the Forum.
