SRI BIJOY KUMAR DAS,PRESIDENT:-
Allegation of deficiency in service in respect of serving inflated energy bills having illegal arrear outsandings and threat of disconnection of power supply are the allegations arrayed against the Opp.Parties.
2. Complaint in brief reveals that, Complainant is a domestic category of consumer under Ops bearing consumer A/C No. 01887227 and was paying monthly energy dues regularly as per the meter reading from Feb-2010 to Sept-2015. It is alleged that till Sept-2015 the total meter reading shown as ‘2060’ units of electricity consumption, but on the month of October-2015 the energy bill shown as total consumption of ‘3074’ units and accordingly the consumption of ‘1644’ units in a month and the monthly energy bills from June-2015 to 2016 shown as ‘HL’ or ‘House Lock’. Being aggrieved Complainant approached the authorities for rectification of illegal billing and OpNo.1 visited and verified the installations, the electric meter is in O.K. condition and assured the complainant to rectify the errors, but in the month of June-2016 the arrear outstandings shown as Rs. 83,679/-. It is also alleged that Op No.1 also conducted a physical verification on the month of Dec-2016 and found that the meter is in O.K. condition. Complainant put forth his grievance before the Op-authorities for rectification of energy bills, but all went invain, hence the complaint with prayer seeking a direction to Ops to revise the energy bills basing on actual consumption of meter reading.
3. Upon Notice Ops appeared through their Ld. Counsel and filed joint written statement into the dispute denying the allegations of the complainant and submitting the facts, it is averred that complainant is a domestic category of consumer under Ops bearing consumer A/C No. 01887227 having a contact demand of 1 K.W. It is averred that, due to non-payment of electrical dues the arrear amounts raised up to Rs. 83,436/- till 6/2018 and Complainant has never approached for rectification for energy bills at any point of time, if the complainant applies for revision of arrear outstandings, Ops are ready to revise the arrear outstandings within the ambit and scope of OERC Rules and Regulations. Accordingly, the Ops have not committed any deficiency in service and complaint may be dismissed with cost.
4. Heard, the Ld. Counsel Mr. P.K. Nayak appearing for the Complainant and Mr. P.K.Samal appearing for Ops, perused the documents filed by the parties. The admitted facts of the case are that Complainant is a domestic category of consumer under Ops bearing No. 01887227. It is also admitted that certain arrear outstandings are pending against the complainant-consumer. In the complaint, it is alleged that though the complainant-consumer was paying his monthly energy dues regularly upto Sept-2015, on actual consumption basis on the meter reading upto Sept-2015 with a total consumption of ‘2060’ units. But on the monthly bill of Oct-2015 the total consumption shown as ‘3704’ units means consumption of ‘1644’ units in a single month. It is further allegation of the complainant that, though the OpNo.1 verified the premises and nothing found wrong with Electrical Meter and apparatus, but did not rectify the energy arrear outstandings. Ops do not counter the allegations specifically mentioned in the complaint. It is observed from the consumer billing statement filed by the parties that the total units of consumption of electricity by Complainant till Sept-2015 shown as ‘2060’ units, where as in the month of Oct-2015 the electric consumption shown as ‘3704’ units, and consumption of ‘1644’ units of energy in one month according to Complainant is an abnormal reading or consumption for a domestic category of consumer, when these allegations are not defended and countered by the Ops by disclosing the facts of abnormal consumption, hence the allegation of complainant regarding excessive billing for abnormal consumption for the said month is confirmed and the energy bills prepared basing on such abnormal consumption is not sustainable in eye of law and the meter reading taken for the disputed month is illegal and erronious, such charges basing on abnormal consumption needs to be withdrawn. However, when the Ops in their written statement averred that, if Complainant applies for the revision of arrear outstanding same be considered as per the law. It is also seen from the consumer billing statement that from Nov-2015 to June-2016 and from Jan-2017 to Sept-2018 the energy bills are prepared on ‘HL’ basis which also needs a revision as per the law.
Having observations reflected above, it is directed that, Ops shall withdraw the disputed energy bills for the month of October-2015 and it is also directed that, Complainant shall apply for revision of arrear outstandings on the prescribed format within one month of receipt of this order. On receipt of the application for revision of arrear outstandings, Ops within one month shall revise the energy bills as per the provisions of OERC, and observations of this Forum and on completion of formalities, till completion of the directions the Ops are here by restraint to take any coercive action against the Complainant-consumer, failing to comply the directions penal provisions be initiated against the defaulting parties.
Complaint is allowed in part without any cost.
Pronounced in the open Court, this the 26th day of December,2018.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
