MRS RAJASHREE AGARWALLA, MEMBER-
Deficiency in service in respect of providing inflated energy bills and threat of disconnection are the allegations arrayed against ops.
2. Complaint in brief reveals that complainant’s mother namely Kokila Behera is a domestic category of consumer under Kutirjyoti, bearing consumer No.02217432 having a contact demand of 1kw and was paying the monthly energy dues regularly. It is revealed that Ops on 12/2/2015 served as energy bill to the tune of Rs. 38,628/- and further enhanced the arrear bill amount to Rs. 9884/- vide their bill No.-0970 dtd. 17/2/03. When the matter was protested by the Complainant, Ops paid a deaf-ear and issued a disconnection Notice on dt.15/2/2013. The action of the Ops by serving inflated energy bill gives mental agony to the Complainant, for which the Complaint before the Forum with prayer that a direction may be given to Ops not to disconnect the power supply, to correct the energy bill as per actual meter reading and to pay a sum of Rs. 50,000/- as compensation.
3. Ops appeared into the dispute in receipt of the Notice through their ld. Counsel Mr. P.K. Samal and associates and filed written statement by stating that Complainant as a consumer of domestic category bearing No,-02217432 having contact demand of 1.5 k.w. It is averred that a new meter was installed in the Complainant’s premises on July 2016 as advised by the CESU authorities after a physical verification on 12/11/2015 as the meter was running slow. It is further averred that Complainant has an outstanding of Rs. 38844.38 up to January-2017 and Ops are ready to revise the energy bill of the Complainant.
4. Heard the ld. Counsel for the Ops and complainant perused the documents i.e, consumer billing statement, Xerox copies of money receipts, Xerox copy of the disconnection Notice dt. 12/2/15 and copy of letter dt. 2/2/12. 2/2/15 and 13/2/15 addressed to Ops by the Complainant for rectification of inflated energy bill. It is an admitted fact that Complainant’s mother was a domestic category of consumer under Ops bearing no.-02217432. It is also admitted that an arrear outstanding is pending against the said consumer No. On perused of consumer billing statement and written statement that a new meter was installed in the Complainant’s premises in the month of July-2016 prior to that energy bills were prepared on average basis from Dec-2015 to june-2016, when the physical verification it was detected that meter is running slow and Ops advised to replace the defective meter. The consumer billing statement filed before this Forum reflects that an arrear amount of Rs. 41,370/- is pending on the complainant from March-2005 and till January-2017 the total outstanding is for Rs. 38,845/-. During cause of hearing Complainant assured that apart from average billing the Ops have prepared the energy on house loading. Which is to be revised as per the actual consumption or provisions of OERC code. The Ops in their written statement state that they are ready to revise the energy bill as per the actual meter reading. On the circumstance , we think it proper that if the arrear bills as per the consumer billing which are prepared on average, and HL basis be revised after taking 3 months consecutive meter reading calculating from July-2016 and as per the norms of the OERC-code and after revision a new revised bill be served to the Complainant. The I.A. case No. 43/2015 which arises out of the present C.C. Case and is hereby disposed of as per our observation and the order passed dt.30/12/2015 in the I.A. Case is hereby vacated, subject to compliance of the order.
Having observations reflected above it is directed Ops will comply our order within one month of this order by serving a revised energy bill to the Complainant, failing which action will be initiated against the Ops are provisions of C.P. Act, 1986.
Accordingly, the Complaint is allowed in part on contest without cost.
Pronounced in the open Court, this 18th Day of March, 2017.
