SRI BIJOY KUMAR DAS,PRESIDENT:-

                    Deficiency in service in respect of serving illegal and arbitrary energy bills with arrear outstandings to the complainant are the allegations arrayed against the Opp.Parties.

2.                  Complaint, in a nutshell reveals that, Complainant’s  deceased father namely Manmohan Sahoo was a domestic category of consumer under Ops bearing old consumer No. D6DRP31/1 which correspondence to new consumer A/C No. 1287588 and after death of Complainant’s father the family of Complainant is enjoying power supply and paying monthly energy dues as per the meter reading. It is alleged that after occurrance of Super cyclone in the year October-1999, the CESCO authorities served the monthly energy bill on average consumptions of ‘360’ units and served an energy bill showing an arrear outstanding of Rs. 22,279/-. Complainant brought it to the Notice of the Ops, but the Ops without taking any  fruitful step served a monthly energy bill on August-2000 showing the meter to be ‘defective’ and bills are prepared on average of ‘720’ units per month. Further in the year-2009, Complainant paid an amount of Rs. 10,000/- towards arrear dues and Rs. 50/- for connection charge. It is also alleged that, in the month of March-2010, Ops served an energy bill amounting of Rs. 68,316/- as arrear outstanding, but on the subsequent month i.e, April-2010, the Ops served the energy bill showing an arrear of Rs. 1,35,814/-. As the deceased father of the Complainant was rustic villager unaware about the Rules and Regulations and on threatening of disconnection of power supply, paid Rs. 27,000/-  on dt. 28/3/2014 with the hope that the arrear outstandings will be revised as per the law. It is further alleged that Complainant was a BPL Card holder bearing  No. 505488 and the non-revision of energy bill inspite of request gives mental agony to the Complainant, Hence the complaint before the Forum, with prayer of revision of arrear outstandings, which are prepared on illegally and erroneously.                                                                                      

3.               Being Noticed Ops appeared through their Ld. Counsel and filed Joint written statement into the dispute. Ops in their written statement averred that, power supply was given in the name of Complainant’s father bearing consumer No. 01287588 for domestic purpose having a contact demand of 2.5 K.W. at the time of agreement. The Complainant’s ‘Meter’ remained defect from 10/2016 to 11/2017 and due to non-payment of electrical dues the arrear outstandings goes upto Rs. 1,18,193/- till January-2018. It is also averred that, Complainant has not made any application to revise his arrear outstanding, if Complainant applied in prescribed format to revise the energy bills, The Ops are ready to comply the same. In the circumstances, the complaint may be dismissed with cost.

                  Complainant to support his case filed attested Xerox copies of monthly energy bills for the year, Dec-1999, August-2000, March-April-2010, March-2014 and Dec-2015 and Feb-2017, Complainant also filed attested photocopies of money receipts dtd. 28.2.2014, 7/2/2009 along with attested photocopy of BPL Card and death certificate of his father Manmohan Sahoo. On the other hand Ops filed consumer billing statement of Manmohan Sahoo deceased father of the Complainant bearing consumer No. 01287588.

4.               Heard the arguments advanced by Ld. Counsels for the parties, perused the above documents filed into the dispute. The admitted facts of the case are that power supply was given to One Manmohan Sahoo, deceased father of the Complainant bearing Consumer No. 1287588 under domestic Category. It is also admitted that an arrear outstandings of  rupees more than 1 lakh is pending on the Complainant-Consumer.

                         It is the case of the Complainant that the arrear outstanding are continuing since the year-1999, though Complainant requested the Ops to revise the energy bills, but all went in-vain. During this period Complainant also paid certain amount as per the money receipts against the arrear outstandings. On the other side the consumer billing statement prepared and presented by Ops reflects that Complainant has an arrear outstandings of Rs. 59840/- from March-2005. The consumer billing statement  also reflects that, the house of the Complainant was in lock ‘HL’ from March-2005 to Nov-2005 and the bill are prepared on average consumption basis of ‘360’ units per month and an arrear outstandings of Rs. 66,512 upto Nov- 2005. The consumer billing statement prepared by Ops are silent regarding continuance of electricity and basis of preparation of energy bills for the period  Dec-2005 to Feb-2010, but in the subsequent month i.e, on March-2010, the arrear outstandings shows Rs. 1,35,668/-. Further, the bills are prepared on ‘average’ basis from Oct- 2016 to Nov-2017. It is clear from the consumer billing statement that the Complainant deserves a revision of arrear outstandings for the period March-2005 to Feb-2010 and Oct- 2016 to Nov-2017, accordingly the arrear outstandings are to be revised as per the Rules. In question of revision of arrear outstandings from the year 1999 to 2005, we are of the opinion that, no documents regarding details of billings are presented before this Forum for Ops proper adjudication, neither the said periods billing statement is produced nor called for. When there is no clear picture of facts and figures of this period, we left it to the Ops to revise the said period as per the Rules and after verification of the necessary documents and on submission of application for revision of energy bills by the Complainant. In the process of revision of arrear outstandings, the Ops shall take into account the deposits made by the Complainant-consumer. The I.A. Misc Case No. 10/17 which arises out of the present C.C.Case was disposed of on dt. 27.7.17 with a direction to Ops not to take any coercive action against the petitioner, further direction was given to Petitioner to deposit an amount of Rs. 8,000/- before Ops, which is subject to adjustment of the final hearing of the case. Both the parties gave their opinion that power supply is continuing till date, accordingly the payments if any, made by the Complainant-Petitioner by order of this forum be adjusted during the revision of arrear outstandings as per our observations.

                     Having observations reflected above, it is directed within one month of receipt of this order  Complainant will apply for revision of energy bills as per our observation and on receipt of the application for revision, the Ops will revise and issue fresh revised energy bill to the Complainant within 2 months from the date of receipt of the application of revision, till then the Ops are hereby restraint to take any coercive action against the Complainant  and the Complainant will pay the current monthly energy dues as per the meter reading, violation of the order  by the parties shall initiate the proceeding as per the provisions of C.P.Act, 1986.

                 Complaint is allowed in part without any cost on contest.

                Pronounced in the open Court, this the 30th day of April,2018.

                               I, agree.                   I, agree.

                                 Sd/-                         Sd/-                           Sd/-

                             MEMBER                MEMBER              PRESIDENT