Fact of the case is as follows:-
The complainant has filed this case before the Hon’ble Forum against the O.Ps, WESCO, Nuapada for the excess amount of Bill charged by the O.Ps by sending a demand/disconnection notice amounting to Rs. 53,797/- (Rupees fifty three thousand seven hundred and ninety seven) only to the complainant on dated 23.03.2016. The petitioner has specifically mentioned in his complaint petition that, he has no liability to pay a huge amount to the O.Ps as arrear. He has paid the arrear electricity dues regularly. The O.Ps has issued two Bill for payment Rs. 53,820.30 Ps. on January 2016 and subsequently on Rs. 32,529/- February 2016 on date lastly send a disconnection notice to me by demanding Rs. 53,797/- as arrear dues with a threatened to disconnect the electric connection of my residence.
The complainant has filed the documents of the Bill in question along with disconnection notice of the O.Ps on dated 15.03.2016. For that the complainant caused great suffering and mental agony by the O.Ps.
He prayed for the revised of arrear Bill as per consumption and payment made by him and he paid Rs. 11,000/- for adjustment of arrear. The O.Ps has to revise the actual Bill for payment of actual consumption. Further he prayed for consumption of Rs. 10,000/- towards financial hard ship and mental agony suffered due to deficiency of service on the part of the O.Ps.
The Opposite parties appeared before the Hon’ble Forum on dated 05.04.2016 and they filed their version/written statement on dated 21.6.2016 through his Advocate S.E. Dewangan. The O.P has stated the complaint petition filed by the complainant is vague and baseless and he has failed to specify about his regular payment and his arrear dues till January 2016. He admitted the disconnection notice by demanding Rs. 53,797/- by the O.Ps and the petitioner claimed for his payment of Rs. 11,000/- without producing the payment receipt on the date of any payment made by him before the O.P.
The complainant is a regular defaulter till February 2015 and he has paid only Rs. 2,000/- as arrear bill and consumed power regularly and the O.P has admitted that the complainant has liable to pay Rs. 54,973/- as arrear and in the month of October 2015 Rs. 53,797/- in the month of November 2015 to January 2016 Rs. 32,529/- in the of February 2016. The disconnection notice served to him basing upon the arrear bill of January 2016 as the March 2016 account.
In the month of February 2016 the electric department authority could not recognize the meter reading for the month of February 2016. In absence of the abstract of the extract statement. For that difference in the billing have arisen after verification of the meter and on request of the complainant an amount of Rs. 24,154/- (Rupees twenty four thousand one hundred and fifty four) only deducted in the bill of February 2016.
The O.P. has not caused any deficiency in service and it is admitted that there is typographical error, while placing he amount in the disconnection notice even the O.P. have not taken any further steps to preventing the complainant from the use of electric connection for proper service.
The complainant has intentionally defaulted in his payment and it continued defaulting mentality for a longer period. The complainant cannot rip the benefit of deficiency of service by the O.Ps. The complainant/ petitioner claimed to be dismissed with cost.
The Hon’ble Forum has observed from the documents and hearing of both the parties. The complainant/petitioner has rightly neglect or not taking care of the payment of arrear due of O.Ps. Even he has not produced any document relating to the payment of electricity dues of the O.Ps in the period in question only filed the demand notice and arrear bill of the O.Ps for the year of 2015 to February 2016. For that the arrear of the current payment bill continues till today as per his petition and version of the O.Ps. The O.Ps have admitted in their version for their wrong billing and they deducted the amount of Rs. 24,154/- from the arrear bill of January 2016, Rs. 53,797/- Total Rs. 53,797 – 24,154 = Rs. 29,643/- still no arrear payment has been made during the pendency of the case by the complainant even the complainant has filed a petition for settlement of disputes by both the parties on dated 30.08.2016. The complainant has not agreed to settle by the O.P. by paying the deducted amount. It presumes the non co-operation of the complainant for payment of arrear electricity dues to the O.P.
The O.P. has though served the notice for disconnection still not taken any strong steps to the petitioner without paying the arrear dues till today even after rectification. For the O.P. is not liable to pay any compensation for harassment and mental agony rather collect the arrear dues by installment basis without disconnecting the supply of electric of the complainant.
O R D E R.
Perused the record after hearing of both the parties. The Forum has directed the O.Ps to settle the arrear dues of the complainant about wrong billing as both the parties were not filed any document relating to payment of arrear dues within 3 (three) months from the date of order. The complainant has to pay the settled arrear dues within the period on installment basis to the O.Ps without disconnecting the electric supply to his premises. Deduct Rs. 24,154/- as per version of O.Ps and along with other wrong billing amount of the complainant. This case is disposed of accordingly without any cost.
Order pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 1st August 2017.
