SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of demand of illegal arrear outstandings and threat of disconnection of power supply are the allegations arrayed against Ops.
2. Complaint, in a nutshell reveals that, Complainant is a domestic category of consumer under Ops bearing No. D-3-A-44/1which correspondence to new A/C No. 001016820 with a contact demand of 1 K.W. It is alleged that complainant was paying monthly energy dues regularly upto 2012 and Ops without any verification enhanced the existing contact load from 1 K.W. to 3 K.W also supplied an arrear outstanding of Rs. 52,623/- in the monthly bill of July-2012. Complainant being aggrieved approached the Op-Authorities for revision of energy arrear outstandings, but allwent invain, hence the complaint before the Forum. The cause of action of the instant complaint arose on Feb-2018 when the Ops served the energy bill amount of Rs. 78,732/- without considering the prayer for revision of energy bills. In the complaint, it is prayed that a direction may be given to Ops to revise the arrear outstandings and to withdraw the energy bill amounting of Rs. 78,732/-. It is also prayed that, a direction may be issued not to disconnect the power supply to the complainant premises, and to pay Rs. 10,000/- as compensation for mental agony.
3. Upon Notice Ops appeared through their Ld. Counsel Mr. P.K.Samal and field written statement into the dispute. Ops in their written statement averred that complainant is a domestic category of consumer under Ops bearing consumer No. 01016820 with a contact demand of 1K.W. Due to non-payment of electrical dues an amount of Rs. 69,381/- is pending upto Feb-2019. It is also averred that, if complainant-consumer applies fresh for a revision of arrear outstandings the Ops are ready and willing to revise the same within the Rules and Regulation of OERC and for the ends of Justice the complaint is to be dismissed.
4. Heard the Authorized Representative for Complainant, Mr. Manoj Kumar Satapathy and Ld. Counsel Mr. P.K.Samal appearing on behalf of Ops, perused the documents filled into the dispute. Complainant to support his case files attested Xerox copy of monthly energy bills and money receipts. Ops also field consumer billing statement of the complainant. Considering the documents filed by the parties, it appears that, Complainant is a domestic category of consumer under Ops the connected load of complainant is enhanced from 1 K.W. to 3 K.W. from 7/2012 without any justification, though the Meter reading and monthly energy bills are prepared on ‘Actual’ consumption basis. The consumer billing statement also reflects that upto March-2005 an arrear amount of Rs. 39,497/- is pending against the complainant-consumer with a contact demand of 1 K.W., which is continued upto June-2012. However, when the Ops are ready to revise the energy bill and in absence of written complaint to the Ops in this regard, we are of the opinion that, if the energy bills of the complainant is revised in accordance with the Rules & Regulations of OERC the grievance of the complainant will be fulfilled. Accordingly, the energy bills served in Feb-2019 is withdrawn and needs to be revised.
The I.A. Misc Case No. 6/18 & 11/18 arises out of the present C.C.Case dropped on dt. 25.05.2018 with a direction to Ops not to take any coercive action till the disposal of the case. In this regard Ops are directed not to take any coercive action against Complainant-consumer till service of revised energy bills bearing consumer No. 01016820.
Having observations reflected above it is directed that, Ops shall revise the energy bills showing the erroneous arrear outstandings of the complainant within one month of receipt of the application by the complainant and the payments made by the complainant during the period is to be adjusted in the process of revision of arrears. Equally complainant is directed to apply for revision of arrear outstandings within one month of receipt of this order.
Accordingly, Complaint is allowed in part without cost on contest.
Pronounced in the open Court, this the 9th day of May-2019.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
