DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.48 OF 2016

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

Sri Prakash Chandra Padhy, aged about 62 years,

Son of Late Duti Padhy,At: Nuasahi, Main Road, Phulbani

PO/PS:Phulbani Town, dist: Kandhamal

Working as Assistant Secretary and representing

The President of Nilanchala Saraswat Sangha, Puri

Branch at phulbani (Near jaganath Temple)

Po/PS: Phulbani Town, Dist: Kandhamal                                          ……………………….. Complainant.

                                Versus.

1. Junior Engineer (Electrical),

SOUTH CO., Phulbani,

AT/PO/PS: Phulbani town, Dist: kandhamal

2. Executive Engineer (Electrical),

SOUTH CO., Phulbani Electrical Division,

Near Income tax Office, Phulbani

At/PO/PS: Phulbani town, Dist: kandhamal.                               …………………………….. OPP. Parties.

For the Complainant:  Self.

For the OPP. Parties: Sri M.V.K.Rao, Advocate.

Date of Order: 28-12-2017

                                                                                                           O R D E R

                                                The case of the Complainant in short is that, he is representing the President of Nilanchala Saraswat Sangha, Puri, Phulbani branch being the Assistant Secretary. The electricity connection was giving to the said organization in the name of the President vide Consumer No.292101530004. They paid the electricity dues as per the bills till November 2015 but in the month

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of December 2015 he had received the bill amounting Rs 51,256/- in which Rs. 50,005.86=00 was mentioned as arrears. After getting this bill the Complainant and other members of the organization approached the O.Ps for necessary correction of the bill but they remained silent. Thereafter the O.P No.1 had not received the monthly electricity dues from the Complainant. Hence  the  members are suffering mentally and financially and this complaint is filed by the Complainant for a direction to correct the defective bill for the month of December 2015 and also for a direction to the O.ps to receive the actual consumption charge of the electricity from the Complainant. He also claimed compensation of Rs. 20,000/- and Rs. 5,000/- for cost of litigation.

                                                The case of the O.Ps as per their joint version is that the allegations of the Complainant are related to simple revision of energy bill and after issuance of average bill for a long time . The energy bill has been prepared on actual consumption basis from July 2015 onwards by taking last reading 8587 as on June’2015.  The Sub- divisional level committee has revised the energy bill from  February 2012 to June 2015 on the basis of actual consumption by taking last reading as 8700 KWH as on Jan’2012 and C.M.R 8587 as on June’ 2015 . The meter belongs to four digits   and completed the one digital round and started from Zero reading. The bill of the Consumer was regularized by revising the Energy bill since 2012 to June 2015 as per the application of the President. by taking last reading as 8700 as on January 2012 and CMR 8587 as on June 2015. So, there is no deficiency in service on the part of the O.Ps.

                                                We have heard the Complainant and the learned counsel appearing for the Opp parties. We have gone through the complaint petition, the joint version field by the parties and the copies of the documents filed by both the parties in support of their case. It is admitted by the O.Ps that the bill has been prepared since February 2012 on provisional basis and the bill for the month of January 2013 prepared on actual basis without adjusting the provisional amount properly.  The bill from February 2013 to June 2015 has been prepared on provisional basis and converted to average charge per month from time to time. On verification of the bills it is seen that the electricity charge was Rs. 8,836/- in the bill of November 2015 but in the bill of December 2015, the bill amount was Rs. 51,256/- in which Rs. 50, 005, 86 paisa was shown as arrear. This arrear amount is being challenged by the Complainant. It is mentioned in the body of the Bill dated 11-01-2016 (for the month of December 2015) that the arrear amount was Rs. 41,170/- as on March 2015. But this arrear amount was not claimed by the Opp. Parties in the previous bills. We have verified the report submitted by the junior accountant, S.D.O and Asst. Manager of South co jointly. It is seen from the said report that the Bill was revised up to June 2015 and the claim amount was Rs. 41,170/- till June 2015. It is also seen from the said report that the report was prepared on the basis of monthly average Consumption. The average consumption was taken to 241.15 units per month. We do not understand the reason of supplying the average bill by the Opp. Parties to the Complainant for a long period when the meter was not defective. As per settled principle of law it is the duty of the Opp. Parties to visit the consumer regularly and to check the meter. It is also the duty of the Opp. Parties to take the meter reading for every month, but the meter reader was failed to perform his duty perfectly as per provision. So in our opinion this amounts negligence on the part of the Opp. Parties.

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                                                Apart from this on verification of the bills of the month of December 2015 and the previous bills it is seen that the monthly consumption was not above 100 units (for the month of October to December 2015) and the basis of billing was actual. But the Opp. Parties prepared the bills on monthly average consumption of 241-15 units which is very excessive and beyond the principle of natural justice.

                                                It is submitted by the complainant that the Opp. Parties are not accepting the regular monthly payment for which the bill amounts are increasing day by day. No suitable explanation is given by the Opp. Parties regarding the non- accepting of the monthly bill amount.

                                                It is also settled position of law that electricity charges can not be recovered for more than 2 years from the due date. In the mean time two years has already been passed due to gross negligence of the Opp. Parties which also amounts deficiency in service on the part of the Opp. Parties. Due to fault of the Opp. Parties, the Complainant should not suffer heavy loss. Hence the complaint filed by the Complainant is allowed in part.

                                                The Opp. Parties are jointly and severally directed not to demand the arrear amount of Rs. 41,170/- as reflected in the Bill for the month of December 2015. They are directed to issue fresh bill by taking account to the monthly charge of the consumption from the month of December 2015 excluding the arrear bill amount of Rs. 41,170/- . The Complainant is also directed to deposit the monthly current bill on receipt of the bills henceforth. He is also further directed to pay the arrears by monthly installment amounting Rs. 1000/- for month till the date of clearance of arrear bills. The payment by the Complainant if any during the said period be adjusted in the fresh bill.

                                                The above order be complied with by the Opp. Parties within 30 days from the date of receipt of the order. The C.C is disposed- of. Supply free copy of this judgment and order to both the parties at an early date.

          MEMBER                                                                             MEMBER                                                             PRESIDENT