MRS RAJASHREE AGARWALLA, MEMBER-
Deficiency in service in respect of serving of abnormal monthly energy bills of the Complainant are the allegations arrayed against ops.
2. Complaint in brief reveals that Complainant applied for a domestic electrical connection to his residential house by paying an amount of Rs. 975/- vide EST. No. 292 dtd.23/08/2016. On the advised of Ops, Complainant purchased an approved meter and same was installed in Complainant’s premises before electric connection on dt. 23/08/2016. It reveals from the complaint petition that, the Ops served the monthly bill on September-2016 to the tune of Rs. 5,215/-, which according to Complainant as an imaginary amount based on technical error, while preparing the monthly bill, Complainant protested the matter before Ops and Op-2 directed Op-3 take appropriate action, again on monthly bill of October-2016 reflected an arrear amount Rs. 4871/- for month of Sept-2016, with total arrear amount of Rs. 5397/-. It is also revaled from the complaint that though the Complainant is ready to pay the energy dues as per ‘actual’ consumption basis by revising the abnormal monthly energy bill, but Ops are not taking any step to rectify the same. Hence the Complaint before the Forum with prayer that a direction may be given to Ops not to demand the illegal amount mentioned in the monthly energy bills of September-October-2016 and to pay Rs. 10,000/- as compensation for mental agony.
3. Being Noticed Ops appeared through their ld. Counsel Mr. P.K.Samal and associated and filed written statement into the dispute. It is averred in the written statement that, Complainant is a domestic category of consumer under Ops bearing consumer No. 02589609 and there is no infirmity in the demand of dues and Ops serve the monthly energy bills basing on the actual meter reading or consumption of the Complainant and no irregularity has been detected in preparing the energy by the officials of Ops. The consumer billing statement is filed into the case as Annexure-A and an arrear outstanding of Rs. 5,658/- upto June-2017 is pending the Complainant. Accordingly, Ops have not committed any deficiency in service, the Complaint is devoid of any merit and is liable to be dismissed.
4. Heard the ld. Counsel for the Complainant and case of the Ops on merit, gone through the complaint, written statement and documents filed by the parties. Complainant to support his case filed attested Xerox copies of energy bill for the month of October-2016, attested copy of sanctioned EST. letter. Ops filed consumer billing statement of Complainant. The admitted fact of the case is that the complainant is a domestic category of consumer under Ops. The Complaint is filed challenging the arbitrary energy billing for the month of September-2016 and October-2016. It is the case of the Complainant that, the meter was installed in his premises by the Ops on dt. 23/08/2016, but the Ops without any basis served the monthly energy of Septemebt-2016 to the tune of Rs. 5,215/- and in the month of October-2016, Ops served the energy bill showing an arrear amount of Rs. 4870/-. The Op- electricity authority do not disclose the date of installation of meter or the date of commonssing of power supply to the Complainant, and submit the disputed energy bills prepared on actual consumption basis. We, carefully considered the monthly energy bill, sanction EST. letter and consumer billing statement. It appears that power supply was resumed to the Complainant on or after dt. 23/08/2016 and monthly energy bills prepared by the Ops reflects that Complainant has consumed ‘992’ units of electricity in the disputed month September-2016, where the contract load is 1 K.W., further, it reveals from the consumer billing statement of Complainant for subsequent months starting from October-2016 to June-2017. Complainant-consumer has consumed average ‘100’ units per month and Ops are failed to produce any evidence before this Forum that in the disputed month of Sept-2016 the energy was consumed by the Complainant-Consumer other than the purpose for which agreement is executed.
Hence it is presumed that the bills prepared for the month of September-2016 showing on consumption ‘992’ units is not a normal consumption to a domestic category of consumer, in comparision to consumption of electricity in subsequent periods. During course of submission, Ld. Counsel for Complainant attracted our attention to M.R.T. LAB, Certificate bearing No. 424, dtd. 3.3.16 which affixed on the Complainant’s premises, while installing the meter and same is existed in the premises of the Complainant till-date. An attested photocopy of the said certificate is produced before this Forum. But this Forum can’t takes into account as an evidence as this plea is not taken in the complaint. We unanimously feel that, the energy bills prepared for month of Sept-2016 on ‘992’ units amounting of Rs. 4870/- and served to the Complaint may not be intentional one, but there is some error in preparation of energy bill and the said error does not see the light of day for which a complainant like consumer should not be allowed to suffer. If his bill for the month of September is revised as prayed for in accordance with law, the grievance of the Complainant will be redressed.
Having observations reflected above, it is directed that Ops will withdrawn the bill amount of Complainant for the month of Sept-2016 and after taking three (3) months consecutive meter reading i.e, Oct-2016 to Dec-2016 will fix the monthly energy consumption of September-2016. Accordingly Ops will serve the revise energy bill to the Complainant within one month of receipt of this order, failing which action will initiated as per the provisions of C.P.Act, 1986.
Complaint is allowed in part without cost.
Pronounced in the open Court, this 20th Day of October, 2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
