SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving abnormal energy bill without revising the same and threat of disconnection of power supply are the allegations arrayed against ops.
2. Complaint in brief reveals that complainant is consumer under Kutir Jyoti having consumer No.-02001878 with a contact load of 1 KW, complainant was paying his energy dues regularly. A new meter was installed by the ops on 14/08/2003. It is alleged that instead of actual meter reading the Ops served arbitrary monthly energy bills. Complaint also reveals that on 31/10/2003 Ops served an energy bill amounting of Rs.14789/- and disconnected the power supply on payment of Rs. 350/- along with usual reconnection charge of Rs50/- Ops restored the power supply on 07/02/2004. Further the ops disconnected the power supply on 07/03/2004 and on application and payment of Rs. 2500/- + restoration charge the Ops reconnected the power supply on 25/05/2012 and installed a new meter on 20/11/2012. It is further alleged that complainant is a consumer under Kutir Jyoti, but the Ops are preparing the energy bills on “commercial category”. Complainant further deposited Rs. 100/- for verification and Ops verified the status of the petitioner. Complainant petition also reveals that in-spite of verification and correcting the bills ops issued a bill on 20/01/2015 calculating on commercial tariff and imposed an arrear of Rs. 38338/- accordingly complainant paid Rs. 6500/- on 13/03/2015 but ops demand another Rs. 7,500/- without correcting the bill. The cause of action arose on 25/03/2015 when the Ops refused to correct the energy bills and disconnected power supply. Complainant is filed with prayer that a direction may be given to Ops to correct the energy bills as per the actual meter reading on domestic category and to reconnect the power supply and to pay a sum of Rs.50,000/- towards the compensation for mental agony.
3. Being noticed Op no.4 appeared on behalf of other Ops and filed written statement submitting that the allegation of correction of energy bills relates to the year 2004 and OP No.1 to 3 CESU authorities are competent enough the revise the same. Complainant is required to deposit the entire amount as per the statement of account, there after CESU authorities empowered to revise the bills. It is averred that during operation of CESU authorities, it was detected that the status of the complainant has changed from domestic to commercial, which can’t be challenged after lapse of the considerable time. In the circumstance the complaint is liable to be dismissed with cost.
4. Heard, the Ld. Counsels for complainant and Op no.4 ENZEN Global Solution Pvt. Ltd. complainant to strengthen his case filed attested Xerox copies of money receipt dtd.13/03/2015 amounting of Rs.6,500/- and dtd. 27/02/2013 for Rs. 100/- paid for L.V.F. (Load verification Fee), Xerox copy of monthly energy bill and attested Xerox copy of petition filed for load verification addressed to S.D.O(Elect.), Marshaghai on 26/02/2013. On the other hand Ops filed statement of Account of the Complainant consumer. It is seen from the case record that after filing of written statement, Notice was issued to Op No.1 &2 by Regd. Post for appearance. But Op no.1&2 did not prefer to appear on 28/12/2016 complainant filed a petition stating that as per the letter No. 17526 dtd. 01.08.2011 of CESU, ODISHA. The Op No.4 i.e, ENZEN Global solution Pvt. Ltd. The Distribution Franchible (DF) is empowered to revise the energy bills amount upto Rs. 50,000/- and prayed this Forum to delete OP No.1 to 3. The petition is allowed.
During of submissions the ld. Counsel for OP No.4 was also agreed to revise the energy bills as per the said letter. Hence, without discussing any more on factual and legal aspect of the case, we think it proper if the energy bill are revised basing on the said letter and on accordance with the provisions the grievance of the complainant will be fulfilled.
Further as per the order in I.A. Misc case No. 13/15 amounts if any paid by complainant-consumer will be taken into account during course of revision of energy bills and the I.A. Misc case is disposed of with the observation. Till the revision of energy bill the Ops are here by restrained to take any coercive action against complainant.
Accordingly, it is directed that OP No.4 will revise the energy bill of the complainant within one month of receipt the order failing which Rs. 50/- will be changed for the delayed period.
No order as to cost.
Complainant is allowed on part and disposed of.
Pronounced in the open Court, this the 31th Day of December, 2016.