Adv. For the Complainant: - Sri A.K.Mishra and Others

        Adv. For O.P                         :- Sri C.K.Mishra and Other                       

        Date  of filing of the Case  :- 19.03.2018

        Date of Order                       :- 17.09.2018

        JUDGMENT

        Sri A.K.Purohit, President.

1.         The case of the complainant is that. she is running with a Nursing Home in the name and style of  Samleswari Nursing Home for maintaining her livelihood. She has taken electricity connection to her Nursing Home from the O.P. which is a 11 K.V. line and the meter was installed by the O.P. in September 2014. Since then the complainant is paying the electricity consumption bill as per consumption regularly. The complainant alleges that although the meter is in O.K. condition all of a sudden on dated 23.2.18 the O.Ps. have inspected the meter of the Nursing Home in the absence of the complainant and served an additional bill amounting to Rs.5,49,983.62 P. on the complainant vide their letter No. 826 dated 7.3.18 which according to the complainant is not in accordance with the procedure and amounts to deficiency in service on the part of the O.Ps. Hence the complaint.

2.       The O.Ps. have contested the case by filing their written version jointly. According to the O.Ps. the meter of the complainant was tested by the MRT staff by using the accucheck meter as per the report of the AMR cell Burla and found that the phase association of the meter was improper and the meter was running 52.67% less than the actual reading and hence calculating the actual reading the O.Ps. have raised the additional bill. The O.Ps. have denied all the allegation of the complainant and claims no deficiency in service on their part.

3.        Heard both the parties. Before going into the merits of the case the learned advocate for the O.P. raised a preliminary objection and submitted that, the complainant’s Nursing home is for commercial purpose and hence a consumer complaint is not maintainable. On the other hand the learned advocate for the complainant submitted that supply of electricity and raising bills by the O.P. is a service and a consumer complainant is maintainable. With this submission on perusal of the material available on record it appears that the consumer complaint is for raising of electricity bill. Supply of electricity energy and raising bills for the consumption is a service and hence there is force in the contention of the complainant. Further the complainant has specifically pleaded that for maintaining his livelihood she is running with the Nursing Home which is coming within the exception of commercial purpose. Hence the consumer complaint is maintainable

4.    Perused the documentary evidence available on record. It is seen from the billing statement filed by the O.P. that the meter status of the complainant is in O.K. condition. It is also a fact that the complainant is paying the bill regularly as per consumption. The point for consideration is whether raising an additional bill as per the accucheck report of the MRT staff of the O.P. is valid or not. Perused the meter test report relied on by the O.P. Simply it is a report basing on the comparison of LT meter of the complainant and accucheck meter. The O.P. has not installed a check meter for taking three months average reading of the consumption. Therefore testing of the meter only by using the accucheck meter cannot be said to be the surest test without taking three months average reading of the check meter. The O.P. has also not produce the affidavit evidence of the engineer who had tested the meter to prove that the test is a surest test and the meter is running slow. Therefore the documents relied on by the O.P. cannot be said to be the proper procedure for raising additional bill.

5.       When the meter of the complainant is in O.K. condition the O.P. is duty bound to raise electricity bill as per consumption. Raising additional bill basing on the accucheck meter test by the MRT staff amounts to deficiency in service on the part of the O.Ps.

                                                Hence Ordered

                The O.Ps. are directed to revised the electricity bill of the complainant from January 2018 till date as per consumption and shall not demand any additional bill amount. The O.Ps. shall not disconnect the electricity supply to the complainants Nursing Home till the bill is revised. There shall no order as to cost.

              Accordingly the case is disposed of.

  Pronounced in the open Forum to-day the 17^th day of September 2018.

                                                                                Sd/-                                                                                   Sd/-     

                                                                                 (S.Rath)                                                             (A.K.Purohit)

                                                                                MEMBER.                                                             PRESIDENT