DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 30th day of April, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 39 of 2017
Baidhara Nayak, 73 years
S/o: Late Rankanidhi Nayak
At: Charampa (Barala Pokhari)
Po: Barala Pokhari
Ps: Bhadrak (R)
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer, Electricals
NESCO, Bhadrak
2. S.D.O, BNED, Bhadrak (II)
At/Po/Ps/Dist: Bhadrak
3. Junior Engineer, Electricals
Charampa Section
Under Division (II)
At/Po: Charampa
Dist: Bhadark
…………………………..Opp. Parties
Advocate for the Complainant: Mr. Basanta Ku Mohanty & Others
Advocate for the O.Ps: Mr. Harekrushna Pati
Date of hearing: 08.11.2017
Date of order: 30.04.2018
SRI BASANTA KUMAR MALLICK, MEMBER
The dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice.
The complainant is a senior citizen and also a consumer under O.Ps bearing No- BO-694 (Old) corresponds to new number allotted to him is 4214140503398. The complainant had been paying the energy bill regularly. During the year 2012, the meter reader informed the complainant about the meter was not functioning and the complainant, without delay, informed the O.Ps about the meter and requested for installation of a new meter at an early date. But the O.Ps neither responded to the complainant nor installed new meter, rather went on submitting bill on an average basis showing consumption of 315 units per month as the O.Ps communicated an arrear bill of Rs 62,296/- basing on the average units consumed which is unfair and illegal and coming under monopoly trade practice. Such practice was continuing till installation of new meter in the month of July, 2015 and the calculation and preparation of bills for a prolonged period of three years was made at their sweet will. After installation of a new meter the bills were prepared on the basis of actual consumption of power which shows consumption of maximum 85 units per month on an average basis. In such a situation complainant, time and again, has made repeated oral approach for a couple of years but the O.Ps neither paid any heed to his request nor installed any meter to know what is the actual units consumed by the complainant. Finally, in the month of July 2015 the O.Ps installed a meter. According to the new meter, the power consumed in average is approximately 85 units as against which the O.Ps have prepared and served bill showing power consumption @ 315 units per month and demanded arrear bill of Rs 66,296/- which is much higher than the actual amount payable by the complainant. When the complainant was disappointed in getting the arrear bill revised because of neglecting attitude of O.Ps, complainant filed this dispute praying for a direction to the O.Ps to revise the bill taking the average units consumed after installation of meter along with cost actually incurred in the process of disposal of the case.
O.Ps resisted the claim of the complainant and contested the case. In appearing before the Forum through advocate O.Ps submitted written version where in they have stated that the complainant was not at all sincere and regular in payment of energy bills as a result of which the arrear amount went on mounting and such arrear bill was served upon the complainant after installation of a meter in the premises of the complainant. O.Ps admitted the fact that the meter installed earlier was found defective by the meter reader in the month of September, 2012 and the new meter was installed in the month of July, 2015 and also admitted that the arrear bill so served earlier is erroneous and will be reduced by Rs 27,099/- after revision which is pending with the revision committee for necessary approval.
Gone through the complaint and written version and other relevant documents/materials on record and observed as narrated here under.
Admittedly, the complainant is a consumer under O.Ps Vide consumer No- BO-694 corresponds to new consumer No- 4214-1405-0108 having one kilo watt load under domestic category and it is also admitted by the parties that the meter was found defective in the month of September, 2012 which was replaced with a new meter during, 2015 in the month of July. After installation of meter, it is found that the consumption of power per month is far below the average consumption shown in the bill statement of the O.Ps furnished before the Forum along with written version.
Secondly it is admitted by the O.Ps that the earlier meter was found defective by the meter reader during the month of September, 2012 who instantly informed the complainant. The complainant, having been informed by the meter reader, without causing any delay informed the O.Ps requesting for installation of a new meter. In several occasions the complainant has requested the immediate authority of the O.Ps Department and also others in hierarchy but none of the O.Ps responded to install the meter. The meter reader who reported about the defunct meter might have reported the same to the O.Ps but O.Ps did not take any step for more than two and half years which proves their willful negligence and deficiency of service to the consumer.
From the statement of bills of the said account, it is observed that after installation of meter in the premises of the complainant, the power/energy consumed is 85 units in average as against which bill has been prepared taking 315 units as average consumption into the account which requires to be revised by the O.Ps immediately so as to enable the complainant to clear up the actual dues to arrive after revision. Hence taking the aforesaid facts into consideration it is concluded that the negligence of O.Ps has forced the complainant to dispute the matter in this Forum and therefore it is ordered;
ORDER
The complaint be and the same is allowed against O.Ps on contest. The O.Ps are directed to revise the bill, taking the units consumed in three successive months after installation of meter in the month of July, 2015, within 30 days from the date of receipt of this order. Complainant is also directed to pay the revised bill amount within a period of 30 days from the date of receipt of bill and in the circumstances no cost and compensation.
This order is pronounced in the open Forum on this day of 30th April, 2018 under my hand and seal of the Forum.
