MR. NAYANANANDA DASH,MEMBER -
Deficiency in service in respect of providing inflated and arbitrary energy bills are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant is a domestic category of consumer under Ops bearing consumer A/C No. 01023223 was availing power supply with regular payments as per the consumption. A new tested meter was installed in the Complainant’s premises on the month of June-2004, prior to that monthly energy bills were prepared on load factor basis. Complaint petition reveals that in the month of August-2008, there was a physical verification conducted by the Op and enhanced the load factor from 1 k.w. to 2.5 k.w., and Ops imposed a fine amount of Rs. 10,000/-. Complainant challenges the physical verification and imposition of fine by submitting that without giving any fair opportunity of hearing, Ops unilaterally and arbitrary imposed the fine on the complainant, inspite of the illegal imposition, Complainant was paying the monthly energy dues regularly. It is also revealed that in the month of June-2011 officials of Ops again verified the premises and opined to install a new version of domestic meter and provided an abnormal energy bills amounting of Rs. 65,057/- till Dec-2011. Complainant on receipt of disconnection Notice for the said arrear outstanding issued by Ops, met the official and protested the arrear amount imposed on him. The officials of Ops advised the Complainant to pay Rs. 5,000/- to avoid the disconnection with further assurance that the grievance will be considered after ending of the financial year of 2015. Complainant relying on the assurance of Ops paid Rs. 5,000/- and Rs. 430/- on dt. 31/3/2015 vide M.R. No. 473866 and 473867, but in M.R. No. 473866 , Ops issued the money receipt showing payment of Rs. 5,000/- as ‘penalty’ which was opposed by Complaint. Complainant finding no other alternative fifed this Complaint by praying that a direction may be given to Ops to exempt the arrear outstanding dues by revising the monthly energy bills and to pay Rs. 10,000/- as compensation for mental agony along with cost of litigation.
3. Being noticed, Op-electricity authorities appeared through their Ld. Counsel and filed joint written statement into the dispute, challenging the maintainability of the complainant U/S 126 of I.E.Act-2003 and by citing the decision of Honbl’e Apex Court in case of U.P. Power Corporation Ltd. vs Anish Ahemad reported in O.L.R. 2014(i) sec. 68. It is averred on the written statement that the CESU authorities on dt. 4/8/2008 verified the premises of the Complainant and found that ‘consumer has no meter’ accordingly the existing contact demand was enhanced from 1 k.w to 2.5 k.w. again the premises of the Complainant was verified on June-2011and found that consumer had no meter. It is further averred that U/S 126 of I.E.Act-2003 the assessing officer power conferred to him assessed an amount of Rs. 10,953/- on complainant as unauthorized use of electricity. It is also averred that as complainant-consumer does not file any objection before the Ops within 7 days. The provisional assessment amount is treated as final assessment and an amount of Rs. 59,127/- is pending on the complainant till Nov-2016. It is further averred that Complainant is not making any payment and the Ops are at liberty to disconnect the power supply to the Complainant’s premises as per the OERC, Rules and Regulations. The copy of the physical verification report is filed into the dispute as Annexure A & B with the written statement.
4. Heard the Ld. Counsel for Ops and case of the Complainant on merit, gone through the Complaint, written statement and documents filed by the parties. Complainant files attested photocopies of M.R. No. 473866-867 dtd. 31/03/2015, copy of monthly energy bill of April-2001 and Oct-2008, disconnection Notice dtd. 2/3/2014, copy of physical verification report dt. 4/8/2008 and June-2011. Ops filed copy of physical verification report as Annexure A & B and the consumer billing statement of Complainant beginning from March-2005 to Dec-2016. In the Complaint, it is alleged that Ops have illegally imposed the ‘penalty’ as the Complainant and has not provided any opportunity by not serving the provisional assessment order to file objection, further Complainant prayed for revision of arrear outstandings pending against him. On the other hand Ops submits that the Complaint is not maintainable before this Forum U/S 126 of I.E. Act-2003, and penalty has been imposed arising on the report of PVR dtd. 4/8/2008 and dtd. 11/6/2011 for unauthorized use of electricity, enhancing the load factor from 1 k.w. to 2.5 k.w. from 8/2008. Though Ops filed the attested photocopy of PVR as Annexure A and B, but no provisional assessment or final assessment order filed into the proceeding as same is disputed by the Complainant-consumer. The consumer billing statement reflects that an amount of Rs. 10,953/- is charged on the Complainant on 8/2008. Further, Complainant alleges that on dt. 31/3/2015 on advise of Ops, when he deposited Rs. 5000/- towards arrear dues, same is adjusted as ‘penalty’ mentioned in the M.R. No. 473866, subsequently Complainant during pendency of the proceeding filed a memo stating that, he is ready to pay the balance amount of Rs. 5,953/- as imposed by the Ops. In the circumstances, we are of the opinion that, when Complainant-consumer is ready to pay the balance arrear dues, we, have nothing to discuss in this regard equally the question of maintainability as raised by the Ops is no way relevant in the proceeding as the Complainant-consumer is prepared to comply the imposed amount of energy bill 8/2008 as reflected in the consumer billing statement.
The next point of determination is revision of monthly energy bills as prayed by the Complainant. It appears from the consumer billing statement by the Ops that the monthly energy bills have been prepared on ‘AVG’ basis from 3/2005 to 9/2011 and on 10/2011 to Dec-2016, the energy bills are prepared on ‘Actual’ consumption basis with an arrear outstanding of Rs. 59,317/-, which includes the penal billing amount of Rs.10,953/- on August-2008. It is the case of the Complainant that inspite of repeated requests to the installation of the new meter and serving of energy bill on ‘Actual’ consumption basis from 10/2011, the Ops paid a deaf ear to the grievance. Equally, the written statement of Ops is silent regarding revision of energy bills of the Complainant. However, under Regulation 91&92 of O.E.R.C. Code-2004 provides a procedure of revision of energy bills in case where the energy bills appears to be erroneous and disputed and officer/agency in-charge of Distribution licensee will revised the energy bills by taking last 6(six) months consumption or billed amount whichever is less. Under the said provisions of O.E.R.C. Code, the Complainant-Petitioner deserves revision of energy bills in accordance with the law.
An I.A. misc Case no. 17/15 was filed which arises out of the present C.C.Case and Ops had preferred a Revision before Honbl’e State C.D.R. Commission bearing R.P. Case no. 58/17. Complainant-Petitioner in compliance of the order of the Honbl’e State C.D.R. Commission deposited the ordered amount of Rs.5,000/- on dt. 5/5/2017 and same is acknowledged and other part of the order is also complied by the Ops. Honbl’e State C.D.R. Commission while disposed the R.P. Case 58/17, directed that the deposited amount is subject to final order passed by the Dist. Forum in the present C.C. Case.
Having observations, reflected above, it is directed that, Ops will revise the energy bills of the Complainant bearing consumer No. 01023223 as per our aforesaid observations and under the Regulations of O.E.R.C. Code and will serve the revised energy bills to the Complainant within one month of receipt of this order. At the time of revision of energy bills Ops will be taken into account the payment of Rs. 5,000/-(Five Thousand only) paid on dt. 5/5/2017. It is further directed that Complainant–Petitioner will pay balance amount of Rs. 5,953/- towards bill amount of the month 8/2008. Parties are directed to implement the order within scheduled period, default in any manner will initiate proceeding against the defaulting parties under the provisions of C.P.Act,1986.
Complaint is allowed in part. Without cost on merit.
Pronounced in the open Court, this the 17th day of August, 2017.
Sd/- Sd/-
MEMBER PRESIDING MEMBER
