16-12-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet.

2. Due to long and uncertain period of absence of the Members, single member bench of President is functioning in their absence, in view of the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank; and the judgement passed by Hon’ble Kerala High Court in the W.P. (C) No. 30939 of 2010 (N) P.K. Jose -vs- M. Aby & ors
3. Inspite of fixing this case for ex-parte hearing, nobody appears on behalf of the O.Ps.-appellants-(JSEB for short).

4. On being satisfied with the grounds, the delay of about 27 days in filing this appeal is condoned.

5. The case of the complainant in short was as follows. He is a handicapped person and was running a mobile recharge coupon shop. On 10.01.2007, the officials of JSEB raided his shop and alleged that the consumption of power load was 2 K.W. and therefore fixed charges were enhanced. The inspection report was not given to him inspite of repeated requests. The Electric meter was changed in the year 2008. He filed an application under RTI Act, in which notice was issued to JSEB and therefore it started harassing him and disconnected the electric line in 2009. Excess bill of Rs. 8,928/- in the month of May 2008 was given to him which he challenged. After change of the meter in 2008, bill of Rs. 329/- for March, 2008 and of Rs. 200/- for April, 2008 was served but the bill for the month of May 2008 was served for Rs. 8928/-.  Inspite of several requests, it was not corrected. He was also implicated in a false case of assault to one Randhir Verma, Junior Engineer of JSEB. Pressure was put on him to withdraw the application filed under RTI Act. He had to undergo jail and his electric line was disconnected. He prayed for return of Rs. 8,928/- along with compensation and litigation cost.

6. The case of JSEB in short was as follows.  The complainant should have filed the case before Electricity Ombudsman, for correction of bill. On 12.3.2009 the officials of JSEB inspected the shop premises of the complainant and found total consumption of power as 2044 watt with load of 2 K.W. The complainant signed on the inspection report with an endorsement that in order to put pressure to withdraw RTI case, the raid was conducted. The meter displayed consumption of 1100 units but on perusal of show cause at serial no. 5, the complainant declared that at the time of changing the meter on 15.3.2008, the meter was not functioning properly due to load factor. Therefore bill of 2356 units and 4821 units amounting to Rs. 8169/- with current consumption, was given in May for Rs. 8928/- The electric consumption was of the  old meter, which was changed on 15.3.2008. Hence inspection was done in April, 2008. A chart of arrears of electric consumption recorded in old meter was given. On 4.3.2010, the Finance Controller of JSEB submitted report to RTI, a copy of which was served on the complainant. By order dated 26.2.2010 the RTI case was dropped on the ground of providing information. The complainant was sent to jail custody for assaulting the staff of JSEB. The complainant has paid all the arrears.

7. The learned District Forum interalia found as follows. The new meter reading started in the bill of May 2008 showing present reading as 140 units and previous reading as zero but the units consumed has been shown to be 2356. The explanation of JSEB that the said bill contained the last meter reading of old meter was unacceptable as no meter reading could be shown in the meter, which itself was shown damaged. If the complainant was being charged on the basis of meter reading in the bill of March, 2008, there was no reason how previous meter reading came to 4821 at the time of replacing the meter in 2008 itself. Therefore, the complainant was right in raising the grievance that he should have been charged for only 140 units and not for 2356 units as mentioned in the bill of May, 2008. This was a serious deficiency in service on the part of JSEB.

It further found substance in the allegation made by the complainant that it was due to filing of appeal before RTI Commission, that the officials of JSEB were annoyed and therefore raided the shop of the complainant and made inspection report showing the consumption of power load of 2 K.W. in place of 1 K.W. Therefore it held that increase of such power load for taking revenge also amounted to deficiency in service.

Accordingly, it directed the JSEB to adjust Rs. 8,928/- excluding the charge for 140 units and pay sum of Rs. 5000/- as compensation and litigation cost of Rs. 2000/- to the complainant within 60 days of the order, failing which, JSEB was also made liable to pay penal interest @ 18% p.a from the date of the order till realization.

8. Thus, it appears that the complainant is a handicapped person, running a mobile recharge coupon shop. He proved that there was no basis for charging Rs. 8928/- for 140 units in the bill received in May 2008. He also proved that the officials of JSEB were annoyed by the notice under RTI Act. They inspected his shop on 12.03.2009 with malafide intention and shown the load of 2 K.W. in place of 1 K.W. It appears that on the report of purported inspection held on 12.3.2009, the complainant signed with endorsement that due to hearing of his case by the RTI Commission fixed on 13.3.2009, the inspection was made in his shop on 12.3.2009 raising his power load to harass him.

9. On the other hand, JSEB could not justify the demand of Rs. 8928/- in the bill served in the month of May 2008.Further, it has been rightly held that the purported inspection done on 12.3.2009 was malafide, and cannot be acted upon.

10. After going through the records and considering the case carefully, in my opinion, no grounds are made out for interference with the impugned order.

Accordingly, this appeal is dismissed.

          Issue free copy of this order to all concerned for information and needful.

          Ranchi,

          Dated:- 16-12-2015