SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of serving of illegal and arbitrary energy bills with arrear outstandings and illegal disconnection of power supply to the Complainant’s premises are the allegations arrayed against the Opp.Parties.
2. Complaint, in a nutshell reveals that, Complainant’s deceased father was a domestic category of consumer under Ops bearing No. 02057003, Complainant was paying the monthly energy dues regularly upto occurrance of super cyclone in the year 1999. It is alleged that after occurrence of Super cyclone and non-functioning of Transformer, the power supply was disrupted upto dt. 15/03/2002. Thereafter, as the Complainant was consuming a lower quantity of electricity, the monthly energy bills were charged for Rs. 40/- to Rs. 105/- as per the meter reading. But the Ops submitted a bill on dt. 18/02/2017 showing an arrear amount of Rs. 13,384/- which according to complainant is illegal and arbitrary and without having any basis and an amount of Rs. 7,000/- paid on dt. 14/03/2016 has not been adjusted on the energy bill. Though the complainant resisted and requested the Ops to rectify the arrear outstandings, Ops without considering the grievance of the complainant disconnected the power supply on dt. 20/03/2017, which caused mental agony to the Complainant. The Complaint is filed before this Forum with prayer seeking direction of the Forum to Ops for restoration of power supply, revision of arrear outstandings alongwith compensation of Rs. 10,000/- for mental agony.
3. Upon receipt of the Notice Ops appeared through their Ld. Counsel and filed joint written version into the dispute stating that Complainant’s deceased father is a domestic category of consumer under Ops bearing Consumer No.02057003. Due to non-payment of arrear outstandings an amount of Rs.11,693/- is pending till January-2018 against the Complainant. It is also stated that, Complainant has never applied for revision of arrear outstandings, if the Complainant applies for a revision of energy bill afresh, the Ops are ready to consider their grievance of the Complainant within the norms of the Ops.
4. Heard the Complainant on merit and Ld. Counsel for Ops, perused the documents filed into the dispute. The admitted facts of the case are that Complainant’s deceased father is a domestic category of consumer under Ops bearing No.02057003. It is also admitted fact that, the energy bills of the complainant are not revised and an arrear outstandings are pending against the complaint. The Complaint is filed alleging ‘deficiency in service’ on serving illegal and arbitrary energy bill without any revision/rectification and disconnection of power supply. On the otherhand, Ops resisting the allegation take the plea that, if the Complainant applies for revision of arrear outstandings, the Ops are ready to revise the arrear outstandings and on disconnection of power supply, the Ops remain silent. On perusal of consumer billing statement, which reflects that from March-2005 the arrear outstandings are recorded an amount of Rs. 21,335/- and till January-2018 the arrear outstandings remains Rs. 11,693/-. In the complaint, it is alleged that till Super cyclone, monthly energy bills were paid regularly as per the ‘meter reading’. Neither of the parties do not field any documents of the disputed period from Nov- 1999 to March-2002,and no information is presented before this Forum to consider the actual facts of the disputed period. However, when the Ops on their written version state that, the arrear outstandings will be revised, if it is applied by the Complainant-Consumer. Accordingly, we are of the opinion that, as per the consumer billing statement of Complainant that on March-2005 to Jan-2018 the bills are prepared on ‘Actual’ consumption basis, which needs no revision and the Ops have to revise the energy bill prior to 2005 and the disputed period as mentioned on the complaint. It is also directed that, during course of revision, the amounts paid by Complainant-consumer in connection I.A. Misc Case No. 23/17 alongwith other payments are to be adjusted as per the norms. Further the allegation of non-adjustment of payment of Rs. 7,000/- on dt. 14/3/2016 is adjusted as reflected in the consumer billing statement of the Ops presented into the dispute.
Having observations reflected above, it is directed that within one month of receipt of this order, Complainant will apply in prescribed format for revision, Ops will revise the arrear outstandings, of the complainant and serve a fresh revised energy bill against the consumer No. 02057003, till completion of the process, Ops are hereby restraint to take any coercive action against the complainant, failing to comply the order will initiate proceeding against the parties as per the provisions of C.P.Act,1986.
Complaint is allowed in part on merit without any cost.
Pronounced in the open Court, this the 13th day of June,2018.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
