MR. NAYANANANDA DASH,MEMBER-
Deficiency in service in respect of non-rectification of monthly energy bills are the allegations arrayed against Ops.
2. Complaint, on brief reveals that, Complainant is a domestic category of consumer under Ops bearing consumer No.- 01051088 and enjoying power supply since long to his residential house. It is stated that though Complainant is paying the energy dues regularly, but Ops are supplying monthly energy bills which are not based on actual composition for which Complainant request several times for correction of energy bills. It is also revealed from the Complaint petition that on dt. 17/12/2016 the Ops threatened the Complainant to disconnect the power supply, if the arrear bills are not paid. It is also stated that if the disconnection is effected, the Complainant’s aged parents and childrens, who are prosecuting their students will face a lot of difficulties, and the illegal threat of disconnection causes mental agony to the Complainant and his family members. The complaint is filed with prayer seeking direction of the Forum, to Ops not to disconnect the power supply and to pay Rs. 50,000/- towards mental agony and cost of litigation.
3. Being noticed, Ops appeared through their Ld. Counsel Mr. P.K.Samal and associates filed joint written statement. It is stated that Complaint is a domestic category of consumer under Ops being consumer No.-01051088 and the Complainant has never made any representation for correction of energy bill and never threatened to disconnect the power supply. It is averred that complainant is not paying the arrear dues as such an arrear outstanding of Rs. 43,328/- is pending till Dec-2016 and Complainant with an evil intention filed this false case against the Ops, which is to be dismissed with exemplary cost.
4. Heard the arguments advanced by Complainant, who is a practicing lawyer at Civil Court, Kendrapara and Ld. Counsel Mr. P.K.Samal appearing on behalf of Ops, perused the consumer billing statement filed by Ops. It is an admitted fact that, Complaint is a domestic category of consumer under Ops bearing consumer No.- 01051088. It is also an admitted fact that an arrear amount of Rs. 44.567/- is pending on the Complainant up to May-2017 as revealed from the consumer billing statement produced by ops. In the complaint is alleged that the bills supplied to the complainant is an arbitrary and illegal for which correction is needed, but inspite of several requests. Complainant to support his pleadings does not filed any documentary evidence to believe that, the energy bills supplied by the ops are illegal and arbitrary. On the other hand, the computerized consumer billing statement produced by Ops discloses that from the year March- 2015 to May-2017 the energy bills prepared on in ‘actual’ consumption basis, except a few months on ‘HL’ i.e, House-lock. The said billing statement also reflects that complainant-consumer was not paying monthly energy dues regularly. Hence, in these circumstances, we can’t held liable the Ops that an erroneous bills have been prepared illegally against the complainant as alleged. During course of hearing Complainant submitted that as per regulation 95 of the OERC-code, if the pending arrear dues are divided into easy monthly installments, the complainant is ready to pay the arrear dues along with current monthly energy charges.
Having observations, reflected it is directed that Complainant will pay Rs. 500/-(Five hundred only) per month towards pending arrear dues till its completion of pending arrear dues in addition to correct monthly energy charges starting from monthly energy bill of August-2017. The Complainant is free to pay additional amount, if any, which will not affect this order, failing to carry out the order by the Complainant, the Ops are at liberty to take lawful action as per the provisions. According the I.A. misc case 1/17 which arises out of the present C.C. case is disposed of and the order passed by this Forum on dt. 2/1/17 in I.A. misc case is here by vacated.
Complaint is allowed in part. No order as to cost.
Pronounced in the open Court, this the 15th day of July, 2017.
