Heard learned counsel for the appellant. None appears for the respondent.
2. This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.
3. The case of the complainant in nutshell is that the complainant is a consumer under the OP. It is only grievance of the complainant that he has got excess domestic bill but the same has not revised in spite of grievance made to the OP. It is also allegation of the complainant that OP disconnected the service connection of the complainant in March, 2019 for non-payment of outstanding bill. When there is no supply of detail bill, the bill for consumption of electricity and outstanding amount does not arise as per the complaint. Therefore, complainant filed the complaint for deficiency in service on the part of the OP.
4. OP filed written version stating that the complainant has become a regular defaulter to pay the bills and accordingly the arrear bill of Rs. 1,09,723/- is outstanding against the complainant. As the complainant did not pay the arrear outstanding bill, they have disconnected the power supply. So, there is no deficiency in service on the part of the OP.
5. After hearing both the parties, the learned District Forumpassed the following order:-
“xxx xxx xxx
In the result the complaint petition is hereby allowed in part on contest against the OPs.
The Electrical bill towards Consumer No.311101230069 charged towards arrear as on June, 2019 to the tune of Rs.1,09,723/- is hereby quashed.
The OPs had replaced the defective meter with a new one during the month of July, 2019. We feel in time proper course of action should have been taken by the OPs and for the ends of principle of natural justice, we direct the OPs to revise the bill for the period from March, 2016 onwards to till date by taking the reading of consumption in accordance to New Meter reading for the period from Dt.17.7.2019 to 17.10.2019 (3 months) to calculate the average consumption and accordingly revise the bill for the period from march, 2016 onwards.
The OPs are further directed to adjust in the bill which was paid by the complainant in the disputed period towards consumer No. 311102050334. There is no order as to as to cost. The complainant is directed to deposit the revised bill after receipt from the OPs.
The OPs are ordered to make compliance the aforesaid order within 60 days from the date of receipt of the order. Serve the copies of the order to the parties free of cost. The interim order passed on Dt. 3.9.2016 stands vacated.”
6. Learned counsel for the appellant submitted that the learned District Forum has not considered the written version filed by the OP with proper perspectives. According to him, there is huge arrear pending against the complainant and he paid some money during 2016 but thereafter, did not pay. Since there is huge arrear against the complainant, the power supply was disconnected after due notice to the complainant. So the learned District Forum ought to have considered all these facts. Therefore, he submitted to set aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellant and perused the DFR including impugned order.
8. It is admitted fact that the complainant is a consumer under the OP. It is also admitted fact that the complainant has not received any bill within that period but suddenly in June, 2019 received a bill of Rs.1,09,723/-. Not a single document is filed by the complainant to substantiate that he was not been issued the bill. On the other hand, OP filed the bill ledger account to show that bills have been generated from time to time. He admitted that in June, 2019, there is outstanding of Rs.1,09,723/- against the complainant. When there is huge arrear and the complainant has not paid the same, there is every reason under the provision of the Electricity Act, 2003 and OERC (Conditions of Supply) Code to disconnect power supply.
9. Be that as it may, in the meantime, the bill has been revised as submitted by the learned counsel for the appellant. U/s 14 of the Act the learned District Forum has no power to quash any arrear bill except to comment on the fact that raising of bill is deficiency in service. The order passed by the learned District Forum in this regard is not appropriate.
10. In view of the aforesaid discussion, we find that the learned District Forum has not applied judicial mind to the fats and law for which the impugned order should be set aside.
11. Accordingly, the impugned order is set aside and the appeal stands allowed. No cost.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
