SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of serving illegal and arbitrary energy bills are the allegations arrayed against the Opp.Parties.
2. Complaint, in a nutshell reveals that, Complainant is a domestic category of consumer under Ops bearing No. 02435676 and complainant was paying the monthly energy dues regularly as per the consumption and meter reading. On dtd.23.08.2017. Complainant received the energy bill with an arrear outstanding of Rs.7,67,400/, which according to complainant is illegal and without any basis. Complainant approached the Ops many a times to revise the arrear outstandings, but all went in vain. Hence, the complaint before the Forum with a prayer for revision of arrear oustandings by withdrawing said imaginary amount and compensation of Rs.10,000/- for mental agony, which caused due to the service of illegal arrear oustandings.
3. Being noticed the Ops appeared through their Learned Counsel and filed joint written version on behalf of the Ops. The written version reveals that, complainant is a domestic category of consumer under Ops bearing No.02435676 with a contact demand of 1 KW. An arrear outstanding of Rs.7,67,538/- is pending on the complainant upto January,2018. It is also averred that complainant has never made any application for revision of arrear oustandings, if complainant applied for revision of energy bill, same will be considered within the ambit, scope and rules and regulations of Ops. It is prayed that a direction may be given to complainant for filing application for revision of arrear outstandings and accordingly, the complaint may be dismissed with cost.
4. Heard the complainant and Learned Counsel for Ops,perused the documents filed by the parties. In support of their respective pleas complainant filed attested photo copy of monthly energy bill for month of Sept.,2017,on the otherhand, Ops filed consumer billing statement of complainant. The admitted facts of the case are that complainant is a domestic category of consumer under Ops bearing No.02435676 and an amount of more than Rs.7 lakhs is shown as arrear outstandings pending on the complainant. In the dispute and on perusal of consumer billing statement, it is clearly manifested that, though the complainant-consumer was availing power supply and paying monthly dues on’Actual’ consumption basis till September,2016 with an arrear outstanding of Rs.112/-, but on the next month i.e. on October,2016 the arrear outstandings jumped into Rs.34,674/- without any valid reason and thereafter in the subsequent months. The house was in lock ‘HL” as per the meter reading status and the arrear outstanding goes upto Rs.7,67,693/- upto January,2018. It is clear that the energy bills prepared by Ops from October,2016 to January,2018 amounting of Rs.7,67,653/- is having without any basis and same is to be withdrawn and revised. During course of hearing Learned Counsel for Ops submitted that, the arrear outstanding reflected in the consumer billing statement occurs due to error in computer programming and same can be revised if the complainant applies for afresh revision of energy bill. On the otherhand, complainant claims a compensation for mental agony, in this regard, we are of the opinion that no document has been filed by the complainant regarding revision of arrear outstandings before the Ops prior to filing of the present complainant. Moreso, when the Ops addmits the mistake and ready to revise the energy bills and in absence of any written complaint this Forum can’t award any compensation in favour of the Complainant. The I.A. Misc.Case No.40/17 which arises out of the present complaint was disposed on dtd.21.02.18 with a direction to Ops ‘not to take any coercive action’ against the complainant till disposal of the C.C.Case, subject to the observation of the present C.C.Case and our observations reflected in this order.
Having observations reflected above, it is directed that complainant-consumer will make an application for revision of arrear billing as per the procedure before OP No.1 within one month of receipt of this order and it is further directed that, Ops will withdraw the previous energy bill and revise the energy bills of complainant within one month of receipt of the application for revision, till then Ops are hereby restrained to take any coercive action against the complainant. Non-compliance of the order will initiate proceeding against the defaulting parties as per the provisions of C.P.Act,1986.
The Complaint is allowed in part on contest without cost.
Pronounced in the open Court, this the 17th day of May,2018.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
