MR RAMSANKAR NAYAK, MEMBER …            The facts of complaint is that, the complainant is a consumer under the OP.s vide her Consumer No.71210090455 (Old- D12-E72- 2974) for domestic purpose. The complainant contends that, she is a regular bill payer up to date 28.09.2015. Without having more electric appliances, consuming 170 to 190 units the OP.s has regularly issued Rs.700/- to 800/- but without any reason the OP.s changed the well functioning meter of her house on 09.12.2015 saying that the meter is running slow. Now the bills issued by the OP.s are two times higher than the actual consumption. For the month of Feb & March’16 the bills were issued for average Rs.800/- but after April’16 and onwards they issued bills for Rs.1547/-, Rs.848/- Rs.1341/- & Rs.1422/-. Hence the complainant being an old widow lady alleged that the OP.s has deliberately changed the meter and issuing excess bill amounts which is illegal. For the deficiency in service the complainant approached several times to the OP.s to resolve her request but for no use, so she sustained mental agony and financial losses. Hence the complainant craves the leave of this forum and prayed to direct the OP.s to waive out the existing wrong bills and install a perfect meter, with a sum of Rs.50,000/- as compensation and Rs.5000/- as litigation cost. The counsel for complainant has filed copy of some annexure as per his list of document along with affidavit.

2.         The counsel for OP.s entered his appearance and filed counter in the case to contend that, the complainant was availed electricity connection from dt.29.06.2001 for domestic purpose and paid dues up to Sept’15. Due to defective meter and abnormal reading of 1145 units for a single month Sept’15, the same was billed as provisional for next two months. For the convenience of complainant the OP.s replaced the same on dt.16.12.15 and revised the bill for the period from Sept’15 to Dec’15 as per average consumption of new meter by taking three months billing period from Dec’15 to Feb’16, in the month of Sept’16, thus an amount of Rs.18,510.68 p was withdrawn from her electric bill in the month of Sept’16. Further the complainant herself admitted in her complaint that she has deposited the dues upto 28.09.2015 but enjoying free electricity till date. So he contends that there is no deficiency in service on the part of OP.s, hence prayed to dismiss the case with exemplary cost and with a direction to complainant to deposit the arrear dues in the interest of justice. The counsel for OP.s has filed copy of some annexure as per his list of document along with affidavit.

3.         Heard both the parties and we have gone through the averments of the complaint petition and written version. We have also perused the documents filed by both the parties.

4.         It is not disputed that the complainant is a consumer under the OP.s. It is also not disputed that the electric energy bills are up to date till 28.09.2015. On perusal of annexure D, the month wise billed statement of the OP.s it is found that the OP.s have assessed the consumption at 1145 units for Rs.6246/- each for the months of Sept, Oct & November 2015 and for the month of December it has been assessed at 1009 units for Rs.5494/-. It is the stand taken by the OP.s that due to defective meter abnormal reading of 1145 units for a single month showed up for Sept’15 and the same was billed as provisional for next two months. But neither the OP.s produced the defective meter nor shown any material to opine the old meter was a defective one. On the other hand when the new meter was replaced on 16.12.15 the consumption for the month of Jan, Feb & March 16 showed as 305, 189 & 180 units respectively as per annexure D whereas when the old mete was used it showed as 219, 201 & 240 units for the months of Dec’14, Jan’15 & Feb’15 respectively. Thus, the above facts clearly goes to show that the old meter was not a defective one and without no sufficient reason the OP.s have issued demand notice for 1145 units for Sept’15 to Nov’15 in the same rate and for 1009 units in Dec’15, for the rate of Rs.6246/- for 1145 units and Rs.5494/- for 1009 units instead of the normal consumption prior to this.

5.         It is pertinent to mention here that the complainant is a widow of 53 years and she is residing in a house with her only daughter at Patel Marg of Nabarangpur and her says that there is no large number of electric appliances and her electric consumption was not more than 170 to 190 units and the OP.s without any reason changed the well functioning meter on 09.12.15. The stand taken by the complainant appears to be probable because even after installation of a new meter the consumption showed at 305, 189 & 180 units as against 219, 201 & 240 units shown in the month of Dec’14, Jan & Feb’15 respectively, as per annexure D. As such it is quite evident that the existed (old one) meter was not a defective one and without proper application of mind the OP.s have assessed the bill for Sept’15 to Dec’15 which is excessive and abnormal and liable to be set aside.

6.         In view of above discussion, we come to the definite conclusion that the act of the OP.s amounted to gross negligence and deficiency in service and attracts the provisions of the C.P.Act for contravention of the provisions of Electricity Act 2003 for which an exemplary punishment should be imposed against the OP.s for omissions and commission of such wrongful action causing mental loss and agony to a helpless widow for which she should be sufficiently compensated in terms of money. Hence we allowed the complaint on context against all the OP.s with cost.

                                                                    ORDER

            That the complaint petition filed by the complainant is allowed on contest. The wrong bills issued till December’2015 are here by quashed. The O.P.s who are jointly and severally liable are also directed to issue fresh bill in favour of the complainant from Sept’2015 as per actual consumption after adjustment of bills already paid by the complainant with liberty to repay the same in three monthly installments commencing from the month of June’2017.

            Further, the O.P.s are also directed to pay a sum of Rs.30,000/- (Rupees Thirty Thousand) only to the complainant towards compensation and a sum of Rs.2000/- (Two thousand) only as cost of litigation to the complainant, failing which the complainant shall be at liberty to execute the same in due process of law.

            All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry 12% interest per annum till its realization. Pronounced on 10th day of May' 2017.

                Sd/-                                                                 Sd/-

          MEMBER                                               MEMBER, DCDRF,

                                                                             NABARANGPUR