MR. BIBEKANANDA DAS, MEMBER:-
This C.C.Case No. 5/2022 is taken up today for order. Complainant’s house visited by the Ops and arbitrarily, illegally, assessed an amount Rs. 4797/- being aggrieved by such inaction of Ops, Complainant appeared before authority but no redressal of the same.
Heard Ld. Counsel for Complainant, perused the bill of Nov-2021 so also assessment notice dt. 20/12/2021. The concerned S.D.O appeared with time petition since 01.08.2022 till date no written version filed, we are adjudicating by setting Ops as ex-parte to follow the medate of C.P.Act, 2019.
The Complainant raised issues of billing which suffer from defect, deficiency & unfair trade practice committed by ops. We found from the bill in the month of Nov-2021 the Ops calculated 44 units at Rs. 3/- instead of 50 units. As per OERC regulation it could be first 50 units not 44 unit. How the Ops calculated 44 units at Rs. 3/- per unit then rest 4 units at Rs. 4.80 complete illegal and arbitrary billing without following law applicable to all domestic consumers. Further the ops committed deficiency in service for not providing bills for months of May, June & July of 2021.
It is submitted by Ld. Counsel for Complainant that being a retired Govt. employee and also a Senior Citizen and having reputation of a gentlemen of the locality, the Ops degraded the reputation by illegal assessment which was not under stable to the Complainant. One of the employee of licensee removed one ant eaten wooden board and replaced the same. We have no electrical knowledge the same done by Ops employee, the present assessment made by the Ops Corporate licensee only to replace well running meter by their meter and collect meter fee with high reading electric charges. The Complainant appeared before authority against the assessment notice on dt. 10.01.2022 but the Corporate licensee authority not considered any things regarding illegal assessment without any fault of the consumer.
We are not interfering with the assessment inspected on dt. 18/12/2021 U/S-126, further we are well known the provisions of Sec-126, 127, Sec-135 to 140 & 150 of I.E.Act, 2003 so also the matters of special Court jurisdiction but the section of 100 of C.P.Act, 2019 as well as S-175 of I.E.Act, 2003 this Commission no where bar its jurisdiction to adjudicate issues involved defect, deficiency and unfair trade practice. The Elect. Act well described U/S-2(15) of Elect. Act.
This Commission taking into facts and circumstances in the present case in hand, it is a fit case to impose fine for unfair trade practice committed by the Ops in Nov-2021 bill calculating 44 units at Rs. 3/- instead of 50 units for which we are imposing a fine of Rs. 5,000/- on Ops to pay it to the Complainant. Further non supply of bill amount for months of May, June, July is a clear deficiency in service for which in our considered view equitable relief of Rs. 5,000/- towards compensation shall be payable to Complainant by the Ops.
O R D E R
It is directed that the Ops shall pay Rs. 10,000/- to the Complainant for unfair trade practice and also for deficiency in service within one month from the date of receipt of this order or adjust it in the current monthly bill till its realization fully, failing which the Ops are liable for execution proceeding under C.P.Act, 2019. The C.C.Case is allowed and accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 1st day of March,2023.
I agree,
Sd/- Sd/-
PRESIDENT MEMBER
