SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of providing inflated monthly energy bills 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.02171032. It is alleged that complainant is a senior citizen and respected person of the locality who was paying the energy dues regularly as per his consumption. In the year 1999 after occurrence of super cyclone Ops without intimating the complainant declared the ‘meter’ as defective accordingly imposed minimum electricity bill amounting of Rs.400/- per month. The imposition was resisted by the complainant by way of written complaint through Regd. Post dtd.14.08.2003. It is also alleged that OPs in the month of January,2016 served an energy bill amounting of Rs.65,066.00 which according to complainant is illegal and arbitrary and the staffs of the OP No.1 is threatening to disconnect the power supply if the arbitrary amount is not paid or cleared by the complainant. This the complaint before the Forum with prayer to settle the dispute and not to disconnect the power supply.
3. Being noticed Ops appeared through their Ld. Counsel and filed joint written statement admitting the fact that complainant is a domestic category of consumer under Ops bearing Consumer No.02171032 submitting the facts, it is stated that as per the report of Junior Manager(Commerce) the meter of the complainant was defunct from June 1997 to 2012 and an outstanding of Rs.65,472/- is pending on the complainant as an arrear outstanding dues up to August,2016. It is further stated that complainant has never made any representation to revise his energy bill and Ops are ready to revise the energy bill, in the circumstances the complaint is liable to be dismissed.
4. Heard, the arguments advanced by Ld. Counsels for the parties. It is an admitted fact that complainant is a domestic category of consumer under Ops bearing Consumer No.02171032. It is also admitted that an arrear is pending as outstanding on the complainant though at present the meter of the complainant is running in O.K. condition. During course of argument and from the written statement of the Ops it reveals that basing on the report of Junior Manager(Commerce) the monthly energy bills are prepared on the basis of average billing as the meter was defunct from June,1997 to December,2012 and an amount of Rs.65,473/- is pending on the complainant as an arrear outstanding dues. It is also revealed that Ops are ready to revise the energy bill if complainant requested for the same. In the circumstances, we are of the considered view that, when the Ops are ready to revise the arrear outstanding as per the provisions, Neither of the parties do not disclose the date of functional of meter in complainant’s premises. Hence, it is difficult to ascertain the exact date of installation/functional of meter of meter. But from the statement of complainant’s consumer account sheet produced by Ops reflects that energy consumption is recorded as different units starting from December,2012, prior to that average ‘216’ units were fixed as average monthly consumption of complainant-consumer. It is implied that the meter was installed in complainant’s premises was functional from the month of December-2012. Without discussing more it is our opinion that if the energy bills and arrear outstanding is revised as per the law the grievance of the complainant will be redressed.
Accordingly, we direct the complainant to apply for revision of energy bill to OP No.1 in prescribed format. Ops after taking 3(three) months consecutive meter reading starting from December,2012 to February,2013 will revise energy bills of the complainant from the year June,1997 to November,2012. One month time given to Ops to revise the energy bills from the date of application of revision of billing by the complainant. The present inflated energy bill to be withdrawn and revise bill be served on the complainant-consumer within the prescribed time till the service of revised energy bills Ops are hereby restrained to disconnect the power supply of complainant-consumer. Delay in any manner on part of Ops for non-compliance of order will carry Rs.50/- per day.
Complaint is allowed in part.No order as to cost.
Pronounced in the open Court, this the 28th Day of December,2016
