Heard learned counsel for both the sides.
2. This appeal is filed U/S-41 of erstwhile Consumer Protection Act,2019(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant is a consumer under the OP and the complainant after purchasing a house bearing No.A/2,situated at Ashiana Colony of Bisra from one Mr.B.Singh in the month of August,2014 got the electric connection. It is alleged inter-alia that after clearance of all the arrear electric dues the complainant alleged that a new meter was installed in the premises of the complainant on 14.01.2015 but he got a inflated bill in the middle of February,2015. The complainant alleged before the Op about the inflated bill but no action was taken. After the complaint made, the vigilance cell of the OP conducted inspection and advised for revision of the bill. Thereafter the complainant made grievance before the GRF vide Case No.71/2016 but on 04.04.2016 electric connection was disconnected. The electric bill as per actual consumption was not raised. So, the complainant further alleged about the grievance cell but after hearing asked for revision of bill and restoration of power supply. Inspite of order the complainant was not satisfied and filed the complaint case.
4. The OP filed written version stating that as per order of GRF bill has been revised and withdrawal of amount Rs.11,792.92 out of ledger amount of Rs.31,697/- as on 31.03.2016 and rest of the amount payable by the complainant. That amount was showing arrear against the complainant. Therefore, the OP has no deficiency in service on their part.
5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx
“Finding no deficiency in service on the part of the OP-
WESCO, complainant is directed to pay the said amount of Rs.9,987.08 to the OP-WESCO and to obtain receipt thereof. Accordingly the case is disposed of.”
6. Learned counsel for the appellant submitted that learned District Forum ought to have considered the deficiency in service on the part of the OP for disconnecting the electric line and raising bill in higher side. He also submitted that the amount revised has been paid by him and still demanding more amount. Further he submitted that disconnection of power supply for no reason has caused harassment and mental agony. So, he submitted to set-aside the impugned order by allowing the appeal.
7. Learned counsel for the respondent submitted that there is no cause of action to file the case because after revision of the bill he has already paid part of the arrear bill, but he is only to pay rest of the revised bill amount. So, he supports the impugned order.
8. Considered the submission of learned counsel for the parties, perused the DFR and impugned order.
9. It is admitted fact that the complainant after purchasing of the house has got the electric connection. It is not in dispute that the complainant has got inflated bill and after intervention of GRF the bill has been revised by withdrawing Rs.11,792.92 from arrear of Rs.31,697/-. When the OP has obeyed the order of the GRF and the complainant should be ready to pay Rs.9,987/- as there lies no cause of action to file the appeal. While confirming the impugned order, we rather direct the complainant to pay Rs.9,987.00 and the OP will not impose interest or penalty claim any amount while receiving the bill. Thereafter the energy duty as per actual consumption should be paid by the complainant to the OP.
The appeal is disposed of accordingly. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
