MRS RAJASHREE AGARWALLA, MEMBER-

          Deficiency in service in respect of issue of disconnection Notice and serving arbitrary energy bill on the Complainant are the allegations arrayed against the Ops.

2.                  Complaint in a nutshell reveals that, Complainant’s deceased father was a domestic category of consumer under Ops bearing consumer No. 01227357. It is alleged that Junior Manager, Chatta section of Op- Service Provider is demanding an excess amount of Rs. 30,000/-, failing which power supply will be disconnected. Though Complainant has paid Rs. 10,000/- and Rs. 1500/- on different dates. It is also alleged that Ops did not provide the consumer billing statement on filing of application under RTI. Further the Ops disconnected the power supply to the Complainant’s premises on dt. 06/03/2017. In the complaint petition, it is prayed that a direction may be given to Ops for restoration of power supply and to furnish the information under RTI application in addition to the prayer. Complainant needs further direction to refund the amount deposited before Ops.

3.                Though Notice was receipted by the Ops and Ld/ counsel Mr. P.K.Samal appeared on behalf of them, but in the objection of the Complainant on violation of statuting period of filing written statement as per Act, 1986, the Ops by order of this Forum bearing No.12 dtd. 30.8.2017 were legally entitle to file any written statement, but were allowed to take part in the proceeding U/S 13(2)(b)(i) of C.P.Act, 1986.

 4.            Take up the matter of hearing and heard the submissions of Ld. Counsel for Complainant and non-appeared on behalf of the Ops, gone through the Complaint, written notes on argument filed by Complainant along with documents. Complainant to support his case filed Xerox copy of RTI application, letter addressed in Op No.2 & 3, photocopy of money receipts and monthly energy bills. Complainant also filed photocopies of PVR dtd. 13.11.2015 and dtd. 23.09.2016. In the complaint, it is alleged that Ops are demanding arbitrary energy amount as an arrear dues without considering the payment of Rs. 10,000/- and Rs. 1500/- and not furnishing the details of the Account statement under RTI application and Ops disconnected the power supply to the Complainant’s premises and preys this Forum to issue direction to Ops to restore the power supply and to provide a copy of the billing statement, which is filed under RTI and to refund the payment of Rs. 10,000/- and Rs. 1500/- which were collected by checking and to punish the concerned officials for such illegal acts as deficiency in service. 

             Considering the allegations, we are of the opinion that, not providing information under RTI application is not within the purview of the adjudication proceeding of this Forum, as RTI-Act-2005 is a separate and complete Act. Complainant to redress his grievance on not obtaining the informations may take recourse of the law embodied on RTI-Act-2005. However, as per the C.P.Act-1986 the Complainant deserves to get a consumer billing statement as the rights conferred to him under the Act to know his consumption and payments. Ld. Counsel for Complainant during hearing submitted that, as per copy of the PVR dtd. 23.09.2016, where Ops have opined to revise the energy bill, which has not been complied till-date. In this regard, we opine that, no-details of billing period which are prepared in average basis are present before this Forum for a specific direction, when this Forum is in dark after conduct of PVR on the aforesaid dates and subsequent effects of the PVR to adjudicate the arbitrary energy bill as pleaded by the Complainant. However, Ops are here directed to revise the energy bills as per the provisions of law. Further, the prayer for refund of deposited amount of Rs. 10,000/- & Rs. 1500/-, which is received by the Ops in cheating as per complaint. We feel astonished, when the Ops have granted money receipts of the said amount against its charges, how the same can be treated as ‘cheating’. If after availing the consumer billing statement, Complainant found that, the said amount has not been credited to his consumer account, then the Complainant is at liberty to proceed under the provisions of I.P.C. against erring officials of Ops, While disposing the I.A. Misc case No. 14/17 this Forum directed the Complainant to deposit Rs. 4,000/- for restoration of power supply, subjected to adjustment of the final hearing of the Case. On perusal of the record it is found that, Complainant in compliance of under deposited Rs. 4,000/- before the Ops on dt. 23.03.2017 along with usual reconnection charge vide M.R.No. 207641-642. Accordingly, the deposited amount of Rs. 4,000/- is to be adjusted against the Complainant’s energy consumption, if not adjusted earlier.   

                Having observations reflected, it is directed that Ops will serve a copy of the consumer billing statement to the Complainant within one month receipt of this order. Further, the Ops will revise the energy bills of the Complainant, if permissible under law.

                Complaint is disposed of as per our observation without any cost.

                Pronounced in the open Court, this 19th day of January, 2018.               

                  I, agree.                             I, agree.

                  Sd/-                                     Sd/-                        Sd/-

              MEMBER                         PRESIDENT              MEMBER