SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving illegal and erroneous energy bills having illegal arrear outstandings are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that, Complainant namely Basanta Kumar Das, a Retd. Govt. Teacher is a domestic category of consumer under Ops bearing No.0933997 which correspondence to new consumer A/C no. 02114975 with contract demand of 1.5 KW. Complainant was paying monthly energy dues regularly upto year 2009. As per the Job requirement of complainant, was transferred to different places and his residential house remains in lock and key for a long period. Complaint petition also reveals that, on the advice of the Ops a new digital meter was installed in the complainant’s premises on Oct-2016 and as per the energy bill the arrear outstanding was Rs. 16,000/-. It is alleged that Ops on April-2017 without physical verification enhance the contact load from 1.5 KW to 5 KW unilaterally and amount of Rs. 27,483/- is shown as arrear outstandings upto Nov-2017. Being aggrieved complainant requested to the Ops by way of oral and written intimation to revised the arrear outstanding which are prepared illegally and arbitrary, but the grievance of the complainant went invain, for which the present complaint is filed for deficiency service and mental agony. The cause of action of the instant case arose on Sept-2017, when the Ops served the inflated energy bill. Complainant preys this Forum seeking a direction to withdraw the inflated energy bill of Rs. 27,483/-, which are prepared on contact demand of 5 KW and furnish a revise energy bill and to pay Rs. 12,000/- as compensation alongwith cost of litigation.
3. Upon notice Ops appeared through their Ld. Counsel Mr. P.K.Samal and filed joint written version into the dispute challenging the maintainability of complaint on the ground of U/S-145 of the I.E.Act,2003, and cited the decision of Hon’ble Apex Court in U.P.Power Corpn. and Others-Vrs-Anis Ahamed reported in O.L.R. 2014(i) SC-68. Ops on the facts of the dispute averred that complainant is domestic category of consumer under Ops bearing No. 02114975.It is also averred that on physical verification by CESU authorities on dtd. 05.12.2012, it is detected that, Complainant was indulged on ‘theft of energy’, accordingly U/S 126 of I.E.Act-2003 a provisional assessment was made to the tune of Rs. 22,803/-. The physical verification reported provisional assessment are filed herewith as Annexure A & B. It is also averred that an amount of Rs. 25, 723/- is pending as arrear outstanding upto June-2018 and in the circumstances, Ops have not committed any deficiency in service and have acted in accordance with the rules and regulations, accordingly the complaint is to be dismissed with cost.
4. Heard the authorized representative of complainant and Ld. Counsel Mr. P.K.Samal appearing for the Ops, perused the documents filed into the dispute. Complainant to substantiate his case filed attested photocopies of energy bills and money receipts, on the otherhand, Ops filed consumer billing statement, attested photocopy of PVR ad provisional assessment as annexure A & B. The admitted facts of the case are that complainant is a domestic category of consumer under Ops bearing No. 02114975 with a contact demand of 1.5 KW. It is also admitted fact the complainant’s connected load was enhanced from 1.5 KW to 5 KW and the energy bills are prepared as enhanced load factor basis upto Feb-2017 and from March-2017 to onward the monthly energy bills are prepared on the ‘Actual’ consumption basis. The physical verification report dtd. 05.12.2017, (Annexure-A) and the provisional assessment order (Annexure-B) reveals that on enquiry by the CESU authorities, it is detected that Complainant-consumer was availing the power supply by unauthorized means which comes under section 126 of I.E.Act-2003, accordingly the connected load was enhanced from existing contact demand of 1.5 KW to 5 KW and provisional assessment was made and certain amounts were imposed as penalty, basing on enhanced contact load. In this aspect, we are of the opinion that the billings prepared from 05.12.2012 to 02/2017 on average consumption basis and on enhanced load factor of 5 KW, this Forum is not empowered under the law to opine regarding preparation of billing from dt. 05.12.12 to 2/2017 as it comes under section 126 of I.E.Act-2003. But from March-2017 to till date the monthly energy bills are prepared on ‘Actual’ consumption basis and with a contact demand of 5KW. As complainant disputes the enhanced contact demand of 3.5 KW and Ops are silent regarding execution of any agreement with complainant-consumer for availing contact demand of 5 KW starting from March-2017. Hence, we are of the opinion that, without executing a fresh agreement of contact load of 5KW with complainant-consumer unilateral imposition of connected load of 5KW from March-2017 is not legally sustainable. Hence, the connected load of complainant-consumer from March-2017 onwards needs to be revised in accordance with law.
Having observations reflected above, it is directed that, within a month of receipt of this order, Complainant-consumer will make an application as per the procedure before the Op-authorities for physical verification of his premises, and on completion of physical verification the Ops will execute a fresh agreement with complainant-consumer bearing consumer No. 02114975, if not executed earlier and it is further directed that Ops will revise the connected load of complainant-consumer as per the PVR from March-2017 to till the date of Execution of the agreement. The order is to be complied by the Ops within 2(two) months of receipt of the application for PVR by the Complainant-Consumer. Till compliance of the order, Ops are hereby restraint to take any coercive action against the complainant, failing to comply the order proceeding be initiated against the defaulting parties as per the provisions of C.P.Act-1986.
Accordingly, the Complaint is disposed of without any cost.
Pronounced in the open Court, this the 6th day of February,2019.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
