ORDER
Per – Hon’ble Mr. Shashikant A. Kulkarni, Presiding Judicial Member
This is an appeal under Section-15 of the Consumer Protection Act, 1986 (CP Act).
[1] Original Opposite Party is the Appellant. Parties shall be referred in their original status for convenience.
Order dated 09/01/2004 passed by the District Consumer Disputes Redressal Forum, Solapur (the forum) in Consumer Complaint No.210 of 2002 is under challenge. (Impugned order)
[2] It is a quite an old proceedings of an appeal. This Commission has endeavored to take out sine-die matters to see that all old cases are disposed of. After taking out from sine-die list, notices at the instance of the Commission were sent to the parties. Appellant appeared through Adv. S. S. Kalekar. Respondent appeared through Adv. Milind Vasantrao Harhare
We have heard both the learned counsel present before us at length. We have also carefully perused the material placed on record.
[3] Complainant is a, ‘consumer’ whereas the Opposite Party is licensee of electricity. Opposite Party levied arrears of bills for the period from 10/12/2001 to 09/02/2002 in the bill dated 06/03/2003 and demanded over Rs.72 thousand. Complainant asserted that the meter was faulty. The reading shown was erroneous. After new meter was installed post-facto effect was given to it without reference to earlier consumption, thereby huge amount was claimed towards arrears.
Complainant complained to the concerned officers of the Opposite Party from time to time and provided proof of the earlier consumption and payments of the bills made. Old meter was also, after laboratory test, found to be in order, thereby the bill, was apparently wrong and arbitrary.
[4] Opposite Party defended the claim on the ground that what-ever action taken by it was as per rules & regulations.
After hearing both the sides, the learned forum directed the Opposite Party to ignore the impugned bill of over Rs.72 thousand and directed the Opposite Party to issue a fresh bill without levying any interest. It also directed to pay to the Complainant a sum of Rs.5,000/- by way of compensation towards mental harassment besides costs quantified at Rs.1,000/-.
During the course of submissions, it is submitted before the Bench on behalf of the Opposite Party that, the order of the forum has been complied with. The corrected bill was being issued. Accordingly, the Complainant also has paid the same. That was not done without prejudice to the Opposite Party’s right to continue with appeal proceedings. That means order of the trial forum has been complied with.
Moreover, there was no reason for the Opposite Party to issue average bills when the old meter or a new meter both were properly functioning. No explanation came forward as to rise in the bill on the basis of average meter reading. ‘Impugned order’, therefore, cannot be faulted with. The appeal also has become infructuous. Therefore, we proceed to pass the following:-
ORDER
The appeal stands disposed as dismissed.
No order as to costs.
Pronounced on 12th May, 2015
