SRI BIJAYA KUMAR DAS,PRESIDENT:-

             Allegation of deficiency in service in connection to wrong calculation of contact load and providing inflated energy bill imposing penalty are the allegations arrayed against Ops.

2.                 Briefly narrating the complaint is a domestic category of consumer under Ops bearing consumer No.- 01159499 having contact demand of 1.5 kw and was paying the monthly energy dues regularly as per the actual meter reading. It is alleged that without proper inspection on 22/07/2015 Ops arbitrarily enhanced the load factor from 1.5 k.w. to 5 k.w. and advised to change the meter and served the monthly energy bill of August-2015 showing the bills on average basis and imposed an amount of Rs. 3830/- and reflecting  the total arrear outstanding amounting of RS. 27,609/- . Complainant challenged physical verification dtd. 22/07/2015 before Op no,1 on 30/11/2015 and Op no.1 agreed to conduct the physical verification. It is further revealed from the complaint petition that though  complainant request Ops to conduct a fresh physical verification and to rectify the outstanding arrear dues, but Op no.4 ignoring the request of the complainant threatened to disconnect the power supply on non-payment of arrear dues. The complainant also purchased new meter and handed over the same to Op no.4 with payment of Rs. 100/- as meter testing charge but the meter was not installed in complainant’s premises. The cause of action of the instant case arose on 12/12/2015 when the Op No.4 lastly threating to disconnect the power supply and the above acts of Ops are deficiency in service which gave financial loss and mental agony to the complainant to the tune of Rs. 50,000/-.  The Complaint is filed before this Forum with prayer that a direction may be given to Ops to correct the load factor by fresh physical verification and revise the energy bills after installation of new meter in complainant’s premises, with a direction to Ops not to disconnect the power supply and to pay Rs. 50,000/- towards compensation for mental agony.

3.                   On service of Notice Ops appeared through their Ld. Counsel and filed joint written statement. In the written statement it is averred that complaint is domestic category of consumer under Ops bearing consumer No.-01159499 and the premises of the complainant was physically verified by the CESU authorities on 22/7/2015 and found that the meter is running in defective condition, accordingly the existing contact demand of 1.5 kw was enhanced to 5k.w. It is also averred that complainant was having an arrear outstanding of Rs. 27,609/- up to July-2015 and the arrear amount up to sept-2016 is Rs. 52520/- and the energy bills from August to Dec-2015 is prepared on average basis on enhanced demand of 5 kw till the replacement of new meter as per the provisions of clause-97 of OERC, rules and regulations 2004. Accordingly, the Ops have acted as per the provisions of OERC and have not committed any deficiency in service and the complainant is liable to be dismissed with exemplary cost.

4.                        Heard the arguments advanced by Ld. Counsel for the parties and perused the documents filed in the dispute. The admitted facts of the case are that complainant is a domestic category of consumer under Ops bearing No.- 01159499. It is also admitted fact that premises of the complainant  was physically verified on 22/7/2015 by the authority of the Ops, by enhancing the load factor from 1.5 to 5k.w.

               It is clear from the submission of the ld. Counsels for the parties that though on 22/7/2015 Op-authorities conducted physical verification in the complainant’s premises detected the ‘meter’ to be defective accordingly enhanced the load factor up to 5 kw against the existing C.D. of 1.5 kw and as per the regulation 97 of O.E.R.C. code 2004prepered the monthly bills from August-2015 to Dec-2015 on average basis. It is also a fact that no provisional assessment has been made or communicated to complainant on the disputed physical verification on 22/7/2015. It is also substantiated on the submission of Ld. Counsel for Ops and memo filed by Ops on 27/1/2015. The memo filed by Ops further reveals that Ops are willing to revise the energy bills which prepared on average basis from August-2015 to Dec-2015.It is also evident from the consumer billing statement that the complainant is receiving the monthly energy bills from Jan-2016 on ‘actual’ consumption basis. Complainant prays this Forum to correct the load factor and to revise the energy bills as per the actual meter reading. In the circumstances, we are of the opinion that when both the parties are  agreed to revise and accept the energy bill on actual consumption basis for the disputed period of Aug-2015 to Dec-2015, we have nothing to interfere in the meter and same should be resolved by correcting the average billing period by taking 3 months consecutive meter reading beginning from Jan-2016 to March-2016 on the monthly ‘unit’ consumption data are already available with the Ops. Further on the prayer of fresh physical verification of Complainant’s premises for assessment of load factor, we are of the opinion that the complainant can avail the scope of fresh physical verification as per the norms of the Ops.

                            During course of argument Ld. Counsel attracted our attention to the petition filed by Ops on 11/11/2016 and the points are recited in the memo filed by ops on 27/1/16. It is submitted that a huge arrear outstanding of Rs. 52,520/- is pending on the complainant till September-2016 and a direction may be given to complainant to pay the arrear outstanding at a time. The copy of the petition is duely served on the complainant. Considering the petition, we are of the opinion that on compliance of our observation and on completion of the revision of energy bills, the pending arrear dues be collected in the easy monthly installments along with current monthly energy bills. The complainant claims an amount of Rs. 50,000/- as compensation and mental agony. The compensation claimed for is having without any basis and justification. It is revealed from the consumer billing statement that complainant was having a good amount of arrear dues pending prior to raising the present dispute. Hence, it will not be justified to award any compensation in favour of the complainant.             

              Having observations reflected above it is directed that Ops will served a revised energy bill to the complainant as per our observation within one month of receipt of this order. After revision of monthly energy bills if any arrear is pending on the complainant same to be collected in 10 monthly installments along with usual current monthly energy dues. It is further directed that the complainant has to apply as per the provisions for fresh physical verification on load factor if he desires so, the physical verification will be completed within one month of receipt of the application for physical verification by the complainant, failing which action will be initiated against the defaulting parties for non-compliance of order as per the provisions of C.P.Act,1986. The I.A. case No. 42/2015 is here by vacated subject to compliance of the order till then Ops are hereby restrained to take any coercive action against the complaint petition.

             The Complaint is allowed in part on contest without cost.

        Pronounced in the open Court, this 27th Day of February, 2017.