DATE OF FILING- 8.1.2013
DATE OF DISPOSAL-20.2.2014
O R D E R
Mrs.Minati Pradhan,Member
The case of the complainant in short is that he is a consumer under Opposite Parties for consumption of electricity for his Photo Studio at Kamapali Chaka,Berhampur. His Consumer No.34111300002 is being allotted by Opposite Parties. It is alleged by the complainant that there is defect in his meter installed by Opposite Parties for which he receives abnormal and excessive billing . Although he requested several times to O.Ps for replacement of meter and the officials of the O.Ps visited his studio, but did not replace the meter. In the meantime, the Opposite Parties disconnected the electricity supply on 6.1.2012 and on deposit of required amount the same was restored. Hence, this case for replacement of the meter and not to collect mischievous amount and to pay compensation of Rs.50,000/- for the deficiency in service of the Opposite Parties.
2- The Opposite Parties have represented through their learned counsel and filed the written version jointly wherein it is resisted all the allegations of the complainant. It is stated that the complainant is a defaulter in payment of electricity bills in time. It is further stated that he has not paid a single pie for the period of Sept.,2011 to 2012. But during revenue collection in the month of Sept.,2012, he had only deposited Rs.4,000/- towards part payment and thereafter avoided to pay the rest amount on the plea of defective in meter. It is further stated that the meter of the complainant was changed in the month of August,2011 after verification by the officials and thereafter it is running well and raising correct meter reading. It is clarified further that the complainant still did not deposit the bill amount and as on January,2013 his outstanding energy bill comes to Rs.28,846/-. It is also raised objection regarding filing of case against the Opposite Parties by their name which protects them under the Rules ,Regulations and Act of Section 168 and 169 of the Electricity Act. The complainant has come up with this case without preferring his complaint before the Grievance Redressal Forum, a body specially constituted for the purpose under the powers conferred U/s.42 r/w Sec.181 of the Electricity Act,2003. The Opposite Parties have also referred to the verdict of the Hon’ble Supreme Court of India in Civil Appeal No.8859 of 2011 and prayed for dismissal of the present case on the ground of jurisdiction to entertain this case before the Forum.
3- We have gone through the case of both the parties and heard the case on the date of hearing from the learned counsel appearing for both the parties. We have also perused the documents filed on record and written notes of arguments filed by the respective parties. It is clear that the complainant is a consumer under the Opposite Parties for consumption of electricity for his photo studio. It is the allegation of the complainant that his meter is not running properly for which there is inflated bills. On the other hand, the Opposite Parties contended that the meter is running O.K. However, on repeated complaint of the complainant, the Opposite Parties tested the meter and found it to be running properly. Neverthless, for the satisfaction of the complainant, the Opposite Parties replaced the meter in August,2011. While perusing excerpted billing pattern filed by the Opposite Parties for the period 8/2010 to 11/2013, we come to know that after change of meter, the meter reading remains at an average of 200 units and not a single month it is found to be abnormal. Therefore, it can not be believed that the meter of the complainant is malfunctioning. As a result, we are of the opinion that the meter of the complainant is functioning well and there is no latches on the part of the Opposite Parties in dealing with the complaint of the complainant. On the other hand, it is found that the complainant is not paying the electricity dues of the Opposite Parties on the plea of meter defective. By the way, there is an outstanding of Rs.46,434/- as on 11/2013 which the complainant is required to pay to the Opposite Parties.
4- In view of the above observations, we hold that the present complaint petition filed by the complainant has got no merit and stands dismissed. Parties are to bear their own cost.
Dictated & corrected by me on this 20th day of February,2014
I AGREE(MEMBER) I AGREE(PRESIDENT) MEMBER
