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 brief reveals that, Complainant’s father namely Dologobinda Behera  was a domestic category of consumer under Ops. After the death of Sri Dologobinda Behera, complainant wanted to substitute his name in place of his father and requested the Ops for implementation of the same. It is alleged that the Ops, without complying the request of the complainant allotted a new consumer Number bearing 01058833 under commercial category(GPS), but it is categorically stated that complainant has never used the electricity for commercial purpose at any point of time. It is further alleged that, Ops served energy bills on (commercial) category basis which reflects that a huge arrear outstanding is pending against the said consumer number, but complainant being constraint paid different amounts on dtd.04.03.17,dtd.20.03.17 and on dtd.29.03.17 against the such illegal arrear outstanding. Complainant was assured by the Ops for rectification/revision of energy bill but till-date the Ops did not revise the same which according to complainant is deficiency in service on the part of the Ops. In the complaint, it is also alleged that the Ops time and again are threatening to disconnect the power supply for non-payment of illegal arrear outstandings. The cause of action of the instant case arose on dtd.08.03.18 when the Ops refused to accept the amount of Rs.8,000/- and also denied to reconnect the power supply to the complainant’s premises.

3.               Though notice was served to the Ops through this Forum, but the Ops did not prefer to appear into the case for which the Ops were set ex-parte vide order No.09 dtd.19.07.18.

4.               Heard the Learned Counsel appearing for the complainant and ex-parte hearing against the Ops, perused documents filed by the complainant which includes attested photo copies of energy bills, money receipt dtd.23.01.18 and money receipt dtd.04.03.17,dtd.20.03.17 and dtd.29.03.17. Complainant also files an attested photocopy of revision application form addressed to the Ops. The facts appears from the dispute are that complainant is a consumer under the Ops  bearing No.01058833. The dispute in the case related to preparation of energy bill by the Ops. It is case of the complainant that though he was enjoying power supply on domestic category basis but the Ops are preparing the energy bills on commercial(GPS) basis. On perusal of attested photo copy of monthly energy bills for the month of April and July,2015 reflects that the monthly energy bills are prepared on commercial(GPS) basis but the monthly energy bill of February and July,2018 are prepared on domestic category basis. Hence, it is clear that the complainant having consumer No.01058833 whose energy bills are prepared on domestic category basis from February,2018. In the absence of Ops and as the case is non-rebuttal in nature, this forum is not sure regarding the accurate  date  of revision of energy bill changing from commercial to domestic. Further, we are not sure whether the provisions of reclassification of consumer under Regulation-82 of  OERC Code,2004 are complied by the Ops or not.

               The  I.A. Case is dropped on dtd.21.03.18 on mutual understanding between the parties.

                  Hence, it is directed that the complainant is a consumer, will apply for revision of arrear outstanding on domestic category basis exempting the period where the energy bills are prepared on commercial basis. The Ops are also directed to revise the monthly energy bills as per our observations reflected above, within one month of receipt of the revision application of the complainant till then Ops are hereby restrained to take any coercive action against the complainant. Parties, failing to comply the order, process may be initiated against the defaulting parties under the provisions of C.P.Act,1986.                                                                                                                    

                          The Complaint is allowed in part without any cost on ex-parte against the Ops.

                                   Pronounced in the open Court, this the 4th day of February,2019.