1. The brief fact of the case of the complainant is that he is a consumer under the O.Ps being availed the electricity service vide consumer no. 713102080037 (new) C7-A-43 (old).  It is submitted that in the year 1997 he purchased one house from K. Nagveni of Kalimela covered under Khata no. 146, Plot no. 1611 which was earlier rented to BSNL.  During vacant of said house on30.09.2001,BSNL had taken away the existed meter alongwith 

its connecting cables.Afterwards, complainant applied for new electricity connection, which was provided to him after lapse of 15 months i.e. on 25.12.2002 vide their bill no. 0029/005669 and the meter reading was 5616 and since then he regularly used to deposit the electricity consumption bill till September, 2020.It is alleged that he approached several times to the O.Ps to issue fresh meter reading and to adjust the dues either I the fresh bill or to collect the same from the previous owner, but all efforts got in vein.It is also alleged that without entertaining his approaches, on 13.02.2020 the O.Ps issued one notice for disconnection of electricity connection and demanded Rs. 25,853/- though he is moving to the O.Ps since 17 years.Thus showing deficiency in service, he filed this case with a prayer to direct the O.Ps to issue fresh bill and to waive out the illegal outstanding and to pay Rs. 5,00,000/- and Rs. 50,000/- towards compensation and costs of litigation.

2. O.Ps appeared through their Ld. Counsel who filed their counter version admitting the supply of electricity connection to the complainant, but denied the other allegations contending that originally K. Nagmani was the consumer and was provided the electricity meter vide consumer no. C7-A-43 and at the time of taking over the possession of the said house, the meter reading was 5615 with arrear amount of Rs. 19,803/-.  It is also contended that as per letter dated 19.10.2003 complainant has agreed to change the status of the ownership over the alleged meter, hence there is no provision to collect the arrear from the previous owner.  And with other contentions, showing their no deficiency, they prayed to dismiss the case.

3. Parties have filed their respective documents in support of their submissions.  Heard from the parties at length.  Perused the case record and material documents available therein.

4. Complainant filed certain documents like :

1. Copy of sale agreement dated 17.02.1997
2. Letter dated 23.12.2002 issued by SDE G/E, BSNL in name of the complainant and O.P. No. 1.

3. Letter dated 24.12.2002 issued J.E., SouthCo.
4. Letter dated 19.10.2003 issued to SDO, SouthCo.
5. Copy of disconnection notice dated 13.02.2020
6. Copy of electricity bill dated 22.10.2020 showing arrear of Rs. 25,659/-
7. Copy of payment receipt vide no. 127149 issued by O.Ps dated 25.10.2020.

Whereas O.Ps have filed the documents like :

1. Copy of statement of account against the alleged meter
2. Copy of electricity bill dated 07.11.2003.

5. Perusal of record shows that the complainant has availed the electricity service of the O.Ps since 25.12.2002 vide consumer no. 713102080037 (new) C7-A-43 (old).  It also shows that complainant purchased the alleged house from its previous owner K. Nagveni who was the owner of the old meter vide no. C7-A-43 and at that time the meter reading was 5615 with arrear of Rs. 19,803/-. The allegation of complainant is that though he has approached the O.Ps for change of said meter into the status of domestic for several times since the day of purchase the house, but the O.Ps. without considering his submissions, have issued one notice dated 13.02.2020 demanding the arrear of Rs. 25,853/-, whereas the contentions of O.Ps is that the complainant in his letter dated 19.10.2003 has admitted to continue in his previous connection and as per request of complainant, they have converted the status of consumer from commercial to consumer and there is also no such provision to collect the arrear amount from its previous owner.     

6. In this connection, we have gone through the documents filed by the complainant i.e. (iii) copy of Letter dated 24.12.2002 issued to J.E., SouthCo wherein, we found that the complainant has approached the O.P. No.1 for continuing the old meter only in the domestic status, but nothing has mentioned therein that he will bear all the arrear amount against the electricity consumption which was already availed by the previous occupier i.e. BSNL. Hence we feel, since the alleged electricity arrear was the outcome of the use of electricity by the BSNL, the O.Ps were supposed to collect their revenue from the BSNL or from the previous house owner. Further we have gone through the document filed by the complainant i.e. (ii) Letter dated 23.12.2002 issued by SDE G/E, BSNL in name of the complainant and O.P. No. 1 and found that the concerned BSNL authority has approached the O.P. No.1 stating that “to stop the electricity bill of old Exchange, house of Sri Nabin Pramanik and issue the domestic bill to the house owner as per his consumption.x x x x the excess bill paid against the old consumer number may kindly be adjusted towards arrear if any” and from the above version of BSNL authority has clearly indicated that the complainant is only liable to pay the electricity bill in domestic status from the date of electrification provided to his house. Hence we think, the complainant is only liable to pay the electricity consumption bill from the date of conversion of the old meter in domestic status in the premises of complainant and since the complainant has not used or utilized the electricity prior to purchasing the alleged house, as such, he is entitled for waiving out from the arrear. In this context, we have fortified with the verdicts of Hon’ble National Commission in the case between Shri Harwinder Singh Randhawa and Ors Versus Avalon Resorts (P) Ltd, wherein it is held that “One is supposed to pay the allowance when thing is utilized by him”.

7. Further the allegation of complainant is that since the day of purchase the house in question, the O.Ps have not issued any bill showing any arrear till the filing of the case, whereas, the O.Ps are totally silent over the said version and did not choose to make out any contradiction, hence the allegation made by the complainant remain unchallenged and unrebuttal.   Further the O.Ps have neither file any single document to show that they raised the electricity bills, after the complainant purchased the said house nor they have taken any step to recover the same, though more than 18 years have already passed.Further, Section 56(2) of The Electricity Act, 2003 does not empowers the O.Ps to recover the arrear dues or to cut off the electricity after lapse of two years.  

8. It is observed that since 2002, the complainant has moved from pillar to post to get reliefs, but the O.Ps have not responded properly nor have taken any steps to sort out the problems.  It is the duty on the part of the O.Ps without making him wait for a long period, they ought to have taken immediate steps towards the complaints of the complainant, as on many occasions complainant has made correspondences with the O.Ps and not providing their best services, the O.Ps have proved deficiency in service on their part.  It is also observed that due to such deficiency in service on the part of the O.Ps, complainant must have suffered from mental agony and financial loss as well as physical harassment, which compelled him to file this case incurring some expenses to seek redress.  Hence this order.  

                                                                                                                       ORDER

        The complaint petition is allowed in part.  The O.Ps are herewith directed to waive out the outstanding arrear dues of Rs. 25,853/- and to issue fresh electricity bill against the new meter.  Further they are directed to pay Rs. 20,000/- towards compensation for causing mental agony and financial loss as well as physical harassment and Rs. 3,000/- towards costs of litigation within one month from the date of receipt of this order, failing which the compensation amount shall carry interest @ 10% p.a. from date of filing of the case i.e. 04.11.2020 to till payment.

        Pronounced in the open Court on this the 3^rd day of May, 2021.

Issue free copy to the parties concerned.