SRI BIJOY KUMAR DAS,PRESIDENT:-

                        Allegation of deficiency in service in respect of serving inflated energy bills having illegal arrear outstandings  are the allegations arrayed against the Opp.Parties.

2.                     Complaint, in brief reveals that, Complainant’s father namely Bibhuti Panda is a domestic category of consumer under Ops bearing No.002137766 with contract demand of 1 KW. It is stated that, complainant was availing power supply since the year 1990 and was paying the monthly energy dues regularly upto April,2014. In the month of May,2014, Ops served a Provisional assessment order dtd. 12.05.2014(Annexure C-3) for a penal amount of Rs.12,607/-, on challenge the Ops on final assessment directed the consumer to pay Rs.3800/- as penal charges, and complainant paid the said amount on dtd.10.07.2014 and obtained money receipt bearing No.076430( the photo copy of Money receipt is filed as Annexure-4). It is also alleged that Ops ignoring the final assessment payment dtd. 10.07.2014 continued to serve the monthly energy bill showing the previous arrear outstandings inspite of written complaint, further the Ops again issued a notice on dtd.25.01.2016 U/S 56(1) of I.E.Act,2003 demanding an illegal arrear oustandings of Rs.11,384/- and threatened to disconnect the power supply. Complainant to avoid disconnection of power supply deposited an amount of Rs.2690/- on dtd.10.03.2016 vide M.R.No.58514. The copy of the notice and M.R. filed into the dispute as Annexure-C-7 & C-8. It is further averred that till Nov.2017 the complainant was paying the monthly energy dues regularly as per the meter reading on ‘Actual’ consumption basis. But in the month of Dec.2017 Ops served another notice U/S-56(i) of the I.E.Act,2003 demanding an amount of Rs.9600/- as arrear outstandings and on its non-payment threatened to disconnect the power supply. The cause of action of the instant case arose on dtd.12.12.17, when the Ops served the illegal notice to complainant and such action of the Ops according to complainant is deficiency in service. In the complaint, it is prayed that a direction may be given to Ops to rectify/revise the illegal arrear oustanding dues considering the final assessment payment of rs.3800/- and seeks further direction to Ops not to disconnect the power supply and to declare the notice dtd.12.12.2017 is illegal and erroneous alongwith Rs.10,000/- as compensation and cost of litigation.

3.                     Upon notice Ops appeared through their Ld. Counsel and filed joint written version into the dispute challenging the maintainability of complaint on the ground that U/S-145 of the I.E.Act,2003, complaint is not maintainable  and in case of theft of energy under Section-126 of 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. It is averred that complainant’s father Bibhuti Panda is a domestic category of consumer under Ops bearing No.02137766. A physical verification of complainant’s premises was conducted on dtd.08.05.2014 by CESU authorities, and it was detected that complainant is availing power supply by unauthorized use of electricity, accordingly on provisional assessment of Rs.12,607.20 paise was imposed as penal amount. The copy of the physical verification report, provisional assessment and notice of the provisional assessment filed into the dispute as Annexure A to C. It is also averred that, if the provisional assessment is not objected within seven days the amount of the provisional assessment will be treated as final. It is further averred that an amount of Rs.14,615/- is pending on the complainant as arrear upto June,2018 and the Ops have right to take action as deemed proper for recovery of the arrear amounts in accordance with law. In the circumstances, the Ops have not committed any deficiency in service and complaint is liable to be dismissed with cost.                                                           

5.                   Heard the authorized representative of complainant and Ld. Counsel Mr. P.K.Samal appearing for the Ops, ,perused the documents filed by the parties as Annexures. The admitted facts of the case are that, complainant’s father namely Bibhuti Panda is a domestic category of consumer under Ops bearing Consumer No.02137766 having a contract demand of 1 KW. It is also admitted that a provisional assessment order dtd.12.05.2014 was served to the complainant for payment of Rs.12,607.20 paise.  It is allegation of the complainant ant that challenging the provisional assessment order dtd.12.05.2014, the Ops assessed penal amount to the tune of Rs.3800/- as final assessment and accordingly complainant paid the amount of Rs.3800/- on dtd.10.07.2014 and obtained money receipts bearing No. M.R.-0764340. It is also alleged that Ops without considering the payment of final assessment amount continued to serve the monthly energy showing the pending arrear outstandings which according to complainant is illegal, and arbitrary. It is further alleged that inspite of written representation to Ops on dtd.15.09.2014 for rectification  of arrear outstandings, the Ops are serving notices on dtd.25.01.16 and on dtd.12.12.17 U/S 56(i) of the I.E.Act,2003 and threatened to disconnect the power supply on non-payment of arrear dues. Complainant to support his case filed attested Xerox copy of notice for provisional assessment dtd.12.05.2014(Annexure C-3), attested Xerox copy of payment receipt dtd. 10.07.2014(Annexure C/4), attested Xerox copy of representation dtd.15.09.2014 addressed to the Manager, KED-II,Marsaghai(Ananexure C/6) and attested Xerox copy of  2 nos. of Notices on dtd.25.01.2016 and dtd.12.12.17 U/S-56(i) of I.E.Act,2003. On the otherhand the written version of Ops are completely silent in connection to allegations of the complainant and state that the arrears reflected in the energy bills are the result of the physical verification, provisional assessment and challenge the maintainability on the complaint as if falls under Sec.126,145 of the I.E.Act,2003.

                            Considering the documents and submission of the parties, it is clear that on payment and acceptance of final assessment amount on dtd.10.07.2014(Annexure C/4), there is no scope left for adjudication of the dispute  U/S-126 of I.E.Act,2003 and when Ops failed to prove that there was any further allegation of ‘theft of energy’ defined U/S-126 of I.E.Act,2003 on or after dtd.10.07.2014. So, in our opinion, the complaint is maintainable before this Forum, as the grievances are concerned other than the ‘theft of energy’. It is also a fact that on payment of Rs.3800/- by the complainant on dtd.10.07.2014 as final assessed amount, the remaining balance arrear amount  is meaningless and pending arrear dues against complainant-consumer arrives to end. The energy bill of the complainant for the month of May and June,2014, prior to payment of final assessment charge reflects that the consumer has no pending arrear dues, which is supported by consumer billing statement filed by the Ops. It is also revealed from the consumer billing of complainant that, after July,2014 the Ops without closing the arrear dues deduct the payment of Rs.3800/- from the remaining arrear outstandings of Rs.12,608/- which was imposed on the complainant-consumer as provisional assessment amount. In this aspect, we are of the unanimous view that, after payment of final assessment amount on dtd.10.07.2014 by the complainant and without rectifying revision the arrear outstanding and reflecting the balance amount on subsequent monthly energy bills and issuing notices U/S-56(i) of I.E.Act.,2003 is a gross negligent attitude of the Ops, while preparing the monthly energy bills showing the arrear outstandings. It is further clear that, the complainant-consumer was forced to pay the illegal dues on different dates for wrong acts of the Ops inspite of the receipt of the written representation of the consumer dtd.15.09.2014(Annexure C/6). The preparation of energy bills and its service to the consumer after July,2014 is illegal and erroneous and same to be withdrawn and revised without any delay. Till compliance of the order, the Ops are hereby restraint to take any coercive action against the consumer.

                       Having observations reflected above, it is directed that, OPs shall revise the energy bills of the consumer bearing No.02137766 accordingly and after revision, the payments made by the consumer from August,2014 till-date if remains surplus, amount paid by the consumer shall be adjusted in the forthcoming energy bills of the consumer. The order is to be carried out within 2 months( 60 calendar days) of receipt of this order, and a revised energy bills will be supplied to the consumer as per the order, failing to comply the order will initiate proceeding as per the provisions of C.P.Act,1986.

                          The Complaint is allowed in part without cost.

                  Pronounced in the open Court, this the 7th day of January,2019.

                                I, agree.

                                   Sd/-                                              Sd/-

                               MEMBER                                    PRESIDENT