SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving illegal and erronious energy bill and non-revision of energy bills are the allegations arrayed against Ops.
2. Complaint in a nutshell reveals that Complainant is a domestic category of consumer under Ops bearing No. 0122204 and was paying monthly electrical dues up to October-1999. On occurrance of Super cyclone and on completion of restoration work of power supply, Complainant paid an amount of Rs. 7,000/- on dtd. 05/04/2010 vide receipt No. 033338 along with reconnection charge and power supply resumed on dt. 06/04/2010. It is revealed from the complaint that, though Complainant paid Rs. 5,000/- on dtd. 31/03/2014 vide money receipt No. 372538. Ops in the year Feb-2017 served the energy bill showing an arrear outstanding of Rs. 24,461/- which according to Complainant is erronious as complainant’s energy consumption limited to Rs. 97/- to Rs.170/-. It is alleged that Ops without considering the average of the actual monthly billing amount has served such erronious bill on the Complainant. According to complainant, the non-rectification of energy bills are deficiency in part of Ops and seeks direction of this Forum to revise the energy bill dt. 10/02/2017. Where an arrear amounting of Rs. 24,616/- is shown without deduction of the Rs. 7,000/- and Rs. 5000/- on different dates and to pay Rs, 10,000/- as compensation for mental agony.
3. Being noticed Ops appeared into the dispute and filed Joint written statement submitted that Complainant is a domestic category of consumer under Ops bearing No. 01222104. It is averred that an arrear amount of Rs. 56,363/- is pending on the Complainant upto Dec-2016 an dafter revision of energy bills Rs. 32,066/- is deducted and an amount of Rs. 25,748/- is pending on the Complainant as arrear outstanding dues upto July-2017, the consumer billing statement is filed into the case as Annexure-A. It is further averred that as the energy bills of Complainant have revised the complaint devoids of any merit and as liable to dismissed.
4. Heard the of Ld. Counsel for the ops and case of the complainant on merit. Complainant files attested copies of energy bill for the month of Feb-2017, Xerox copies of money receipts dtd. 05/04/2010 and Xerox copies of revision bill (Part-A) dt. 31/03/2010. Op-electricity authority filed consumer billing statement (Annexure-A). On perusal of documents and going through the Complainant and written statement, it is an admitted fact that Complainant is a domestic category of consumer under Ops bearing No. 01222104. It is the case of the Complainant that after completion of restoration work on occurrance of super cyclone, after payment of Rs. 7,000/- and reconnection charge of power supply reconnected on dt. 06/04/2010 and complainant also paid Rs. 5,000/- on dt. 31/03/2014, further the monthly consumption of complainant amounts to Rs. 98/- to Rs. 170/- and Ops without considering the same has wrongly submitted a bill showing an arrear amount of Rs. 24,461 as on Feb-2017. On the other hand countering allegations, Ops state that the bills has been revised and an amount of Rs. 25,748/- is pending on the Complainant upto July-2017 as arrear energy dues.
On the controversy, we perused the consumer billing statement filed Ops (Annexure-A). which show that an opening arrear outstanding as on March-2005 on Complaint amounts to Rs. 43,312/- and after Nov-2016, the monthly energy bills are prepared on ‘Actual’ consumption basis and in the payment side the Complainant has paid certain amounts against his monthly consumption starting from Nov-2006 to April-2010 and the alleged payment of Rs. 7,000/- on dt. 05/04/2010 and Rs. 5,000/- on dt. 31/03/2014 is reflected in the consumer billing statement. It is also quite clear that Complainant has availed power supply from Nov-2006 to July-2017 uninterruptedly and the energy bills are prepared on actual consumption basis except for a few months. That apart Complainant has not produced any document to prove that the energy bill prepared from Nov-2006 to June-2017 in a un-lawful manner which is not in accordance with the OERC-code,2004 (General condition and supply).
More so, when the Ops have already revised the energy bill by deducting Rs. 32,066/- which is reflected in the Annexure-A, no further direction is required to revise the energy bill in absence of any substantial evidence of wrong preparation of energy bills. As per the Complainant’s version of revision of energy bills taking into consideration of Rs. 98/- to Rs. 170/- per month is not as per the provisions, the bills are revised as per the actual consumption of meter reading and provisions of O.E.R.Code for the period where the meter is ‘defective’ or energy bills prepared on ‘average’ consumption basis for a continuous period.
Accordingly, the Complaint is dismissed without any cost and the direction in I.A. Misc case No. 19/17, if any is here by disposed as per our observation in the present C.C.Case.
Pronounced in the open Court, this 30th day of November,2017
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
