( Passed on dated 20th April, 2015 )
Per Shri Atul D. Alsi – Hon’ble President.
The complainant is having electric connection of Ganesha Plastics consumer No. 430010216138 since 30.10.2012. On 15.11.2012 for the electric consumption of 620 units wrong bill of Rs. 35,500/- was issued and electric connection was disconnected. The complainant requested several times to opposite party to do needful in respect of the electricity bill but they remained kept mum.
2. The computer section staff of Deputy Executive Engineer of O. P. had given electric bill of Rs. 35,500/- for the electric consumption of only 620 units. The complainant requested for excessive units to be checked. The opposite party did not adjust the units & restore with the electric connection of complainant’s industry. Complainant was asked by the opposite party to pay the electric bill of Rs. 35,500/- and than complainant have to pay Rs. 10,000/- on dt. 06.11.2012 and Rs. 13,000/- on dt. 17.02.2012.
3. After deeply harassment opposite party send one Junior Engineer Rahmatkar who on inspection of electric meter, supplied the current reading of that time and electric bill of 2540 and on payment of that bill dt. 15.02.2013. On payment of that electric bill connection was restore. Huge bill of Rs. 35,500/- given for 620 units opposite party was not trying to correct above said bill and continuously harassed to complainant economically, physically and mentally.
4. Finally after deeply mental and physical harassment O. P. corrected electric bill on dt. 21.12.2013 after 14 months and then electric connection restored after 14 months. Due to mental, physical harassment complainant’s industry got shut down being a lady industrial entrepreneur it was not possible for her to maintain all these litigation hence industry got closed. The cause of action to this complaint arose on 30.10.2012 when the O. P. cut the electricity energy of the complainant’s industry up to 21.12.2013.
5. The complainant prayed in her complaint that to direct the opposite parties to make the payment of Rs. 2,40,000/- as damages due to illegal disconnection of electricity and Rs. 60,000/- towards mental agony to the complainant along with 18% interest per annum.
6. After receiving the notice issued by the Forum, the O.P. No. 1 & 2 appeared through their counsel and filed their written statement before the forum.
7. In their reply, the O. P. No. 1 & 2 submits that it is not disputed that the complainant was having I. P. (Industrial Purpose) connection having consumer No. 4300010216138 and running plastic industry namely M/s Ganesh Plastic, Gondia. It is also not disputed that the said connection was having 15 H.P. sanctioned load. The O. P. submits that electric connection for Industrial Purpose for running industry namely “Ganesha Plastics” as such not comes under definition of consumer as per 2002 amendment act, as such jurisdiction of Hon’ble forum was ousted.
8. It is not disputed that the electric bill of Rs. 35,500/- was issued to complainant for the period 28.09.2012 to 25.10.2012. The complainant was irregular in payment of electric bills, as such the connection was rightly disconnected and on payment of bill amount or its installment supply was restored. Hence the complaint is liable to be dismissed in the interest of justice.
9. The complainant has filed Copy of disputed electric bill for Rs. 35,500/- at page no. 9, Copies of electric bills at page no. 10 to 14, Copies of reminder letters at page no. 15 to 26, Copy of General Power of Attorney at page no. 27 on record.
10. The learned counsel for complainant Mr. P. T. Tolani argued that the O. P. had issued wrong bill of Rs. 35,500/- for 620 units on dt. 30.10.2012. The complainant had deposited Rs. 10,000/- on 06.11.2012, Rs. 13,000/- on 04.12.2012 towards bill as provisional bill issued by opposite party. The complainant also had deposited Rs. 19,738=94 on 21.12.2013 for the bill dated 10.12.2013. The complainant had given reminders on 08.03.2013, 10.04.2013, 26.04.2013, 17.05.2013, 29.06.2013, 07.08.2013 & 28.08.2013. But the excessive bill given to the complainant could not be corrected. At last on 21.12.2013 after 14 months the electric connection was restored. The O. P. in spite of all bills there was no electric supply hence the complainant has to suffer financial loss and mental harassment. Therefore complaint shall be allowed.
11. The learned counsel for opposite parties Mr. S. B. Rajankar argued that the complainant running industrial unit hence forum has no jurisdiction. The complainant was irregular in payment of bill. After payment of all arrears of bill the O. P. has restored the electric supply. Hence there is no deficiency.
12. Considering the rival contention of the party & submission made before us the following points arise for consideration & finding there on along with reasons.
Sr. No. | Points | Findings |
1. | Whether the complainant is consumer? | YES |
2. | Whether the O.P. is liable for negligently delay in reconnection of electric connection after payment of arrears of bill? | YES |
3. | What Order? | As per final order. |
REASONING & FINDINGS
13. The complainant is running unit named as M/s. Ganesh Plastic at Gondia for earning of livelihood with employing two labours as per employee’s insurance policy filed on record. The unit is small unit. Hence, the complainant is “Consumer” within the definition of Consumer Protection Act, 1986. Hence, point no. 1 is decided accordingly.
14. The complainant is having electric connection vide No. 430010216138 since 30/10/2012. The O.P. issued bill of Rs. 35,500/- for 620 units. The complainant raised issue that the on 15/11/2012 the bill is excessive and requested for bill correction. The complainant deposited Rs. 10,000/- on 6th November, 2012 and Rs. 13000/- on 17/12/2012 and Rs. 2540/- on 15/02/2013 as a provisional bill issued by O.P. The disputed bill was corrected by O.P. on 21/12/2013 by giving credit as per B-80(online) system of Rs. 19,735.94/- on dated 21/12/2013 and the electric connection was restored which was disconnected on 15/11/2012. The electric connection was disconnected on 15/11/2012 and restored on 21/12/2013 by adjusting the excessive amount paid by complainant under protest by making correction in units which were wrongly calculated previously. The period of required for recalculation was more than one year. For this period the O.P. disconnected the electric supply even if the provisional bill was paid. The O. P. has not followed the due procedure of law for disconnection of electricity as per Electricity Act. No prior notice was issued for disconnection of electric supply. The complainant’s excessive bill was attended by O. P. within a reasonable time. This amounts to negligence of service on the part of O.P. The inordinate delay for recalculation amounts to negligence of service hence the service of O.P. declared as negligence of service on the part of O.P. Therefore, the following order came to be passed.
-: ORDER :-
1. The O.P. is directed to pay Rs. 25,000/- towards compensation for mental torture and agony for illegal disconnection of electric supply of complainant.
2. The O.P. is directed to pay Rs. 5,000/- towards litigation charges.
3. The above amount shall be paid within 30 days from the date of receipt of this order.
