The Petitioner has filed this case alleging deficiency-in-service by O.Ps, whereas the O.P No.1 is the Executive Director, NESCO, Ganeswarpur, Balasore, O.P No.2 is the Superintending Engineer, NESCO, Balia, Balasore, O.P No.3 is the Executive Engineer, NESCO, Balia, Balasore, O.P No.4 is the S.D.O, NESCO, Basta, Balasore and O.P No.5 is the Junior Engineer, NESCO, Rajghat, Balasore.  

                         Petitioner’s case, in brief, is that the Petitioner is a Consumer under O.Ps i.e. NESCO, Balasore having Consumer No. KAD-1187. The Complainant had paid all the monthly dues of the O.Ps as per Electric consumption and obtained valid receipts from the O.Ps in this regard. But, the O.Ps have demanded a sum of Rs.20,914/- (Rupees Twenty thousand nine hundred fourteen) only during May, 2014 as reflected in the O.Ps electric bill of April, 2014 followed by another bill during June, 2014 of Rs.36,048/- (Rupees Thirty six thousand forty eight) only (the bill pertains to May, 2014) without any basis. On receipt of the bills as demanded by the O.Ps, the Complainant requested the O.Ps to revise the electric bills, but the O.Ps did not pay any heeds to the request of the Complainant. The grievances of the Complainant was not considered by the O.Ps, where the O.Ps are deficient and negligent in their services towards the Complainant by serving the false and fabricated bills and thereby demanding huge and arbitrary amount in shape of electric bills. On account of the above negligence and deficient act of the O.Ps, the Complainant is harassed and is moving with mental agony and sorrow. Since, the O.Ps have intentionally and deliberately avoided for revision of the electric bill, the Complainant was compelled to approach the Forum to file a C.D Case against the O.Ps. The cause of action for filing of this case arose on 25.07.2014, the date when the O.Ps had supplied with defective bills to the Complainant and did not rectify the same on 04.08.2014, when the O.Ps had threatened to the Complainant to disconnect the electric supply to his premises.

                         Prayer for directing the O.Ps to supply revised electric bills to the Complainant from January, 2014 till date and not to disconnect the electric supply to the premises of the Complainant vide Consumer No.KAD-1187 and to waive excess bill of Rs.20,914/- and Rs.36,048/- for the month of May and June, 2014 respectively as demanded by the O.Ps illegally and award of compensation to the Complainant.

                         Objection as well as written version filed by the O.Ps, where they have denied about of the tenability as well as its cause of action. The Complainant has suppressed the materials facts such as appropriate reasons for passing the provisional assessment order U/s.126 of the Electricity Act, 2003. The Complainant is a domestic Consumer bearing Consumer No. KAD-1187 having CD-2.5 K.W. The premises of the Complainant was verified by NESCO authorities on 15.04.2014 and found that he was availed power supply in an unauthorized manner i.e. by means of extra hooking from the nearby L.T line to another house having CD-1 K.W. The provisional assessment has been made for an amount of Rs.12,735/- (Rupees Twelve thousand seven hundred thirty five) only as per U/s.126 of Electricity Act, 2003. The final assessment has been made for Rs.12,735/- (Rupees Twelve thousand seven hundred thirty five) only on 12.05.2014. “It is pertinent to mention here that due to clerical mistake, Rs.20,803/- has been reflected in the energy bill as penalty amount instead of the actual penalty amount of Rs.12,735/-. Again, it is inadvertently a sum of Rs.14,845/- is added to the energy bill in the month of June, 2014. The above mentioned mistakes will rectify in the next billing cycle.” Thus after adjustment, the Complainant has to pay Rs.14,075/- (penalty amount of Rs.12,735/- and security deposit of Rs.1,340/-). In view of the above mentioned factual and legal circumstances, the O.Ps humbly pray for dismissal of this case.

                         On perusal of the documents available in the case record, it is noticed that:-  

1. Prayer of the Complainant in this C.D Case with direction to O.Ps is as follows:-

            (a) To supply revised electric bills to the Complainant from January, 2014 to onwards.

            (b) Not to disconnect the electric/ current supply to the premises of the Complainant vide Consumer No.KAD-1187 and

            (c) To waive the excess bill of Rs.20,914/- for the month of May, 2014 and Rs.36,048/- for the month of June, 2014. 

            (d) Award of compensation and cost of litigation.

2. The O.Ps have admitted that an excess amount of Rs.8,068/- is wrongly entered in the electric bill of May, 2014 and further an excess amount of Rs.14,845/- is also wrongly entered in the electric bill of June, 2014. Both the bills are supplied by the O.Ps.

3. Thus, excess/ wrong amount of Rs.22,913/- (Rupees Twenty two thousand nine hundred thirteen) only is charged in the electric bill of the Complainant during the month of May and June, 2014.

4. The copy of the complaint was received by the O.Ps within the period 18.08.2014 to 20.08.2014 and objection as well as written version filed by the O.Ps on 20.11.2014. But the O.Ps did not prefer to rectify the error as committed by them during May and June, 2014, which is due to sheer negligence on their part.

5. Excess bill amount of Rs.22,913/- levied to the Complainant might have attracted DPS in the instant case, which is also reflected in the bill of May and June, 2014.

6. The O.Ps also have not filed any copy of document in support of that they have rectified the excess amount of Rs.22,913/- already charged to the Complainant.

7. The Complainant has not filed any copy of document like electric bill after June, 2014.

8. The Complainant has not whispered a single word regarding spot verification report by the O.Ps on 15.04.2014 and issuance of provisional and final assessment order thereof. But the O.Ps have admitted and filed the copy of documents in this regard. Spot verification report on checking of installation conducted by S.D.O (Electrical), Basta and Junior Manager, Rajghat on 15.04.2014, where it is revealed that neither the Complainant nor his representative has signed in the above said report.

                         However, supply with the arbitrary electric bill consecutively for May, 2014 and June, 2014 by the O.Ps to the Complainant caused mental agony to the Complainant. Moreover, the O.Ps are negligent to rectify the same even within six months, when they are aware of it, which amounts to deficiency-in-service by the O.Ps. Hence, the Order:-              

                                                   O R D E  R

                         Having regards to our judgment reflected above, the complaint is allowed with direction to O.Ps to adjust/ rectify the excess bill of Rs.22,913/- (Rupees Twenty two thousand nine hundred thirteen) only towards the electric bill of the Complainant within 30 days of communication of this order, if not adjusted earlier. Further, the O.Ps are directed to refund/ adjust the proportionate amount of DPS for charging on excess amount of Rs.22,913/- (Rupees Twenty two thousand nine hundred thirteen) only from May, 2014 till date of realization towards the electric bill of the Complainant and to pay a sum of Rs.1,500/- (Rupees One thousand five hundred) only, being the compensation for mental agony and cost of litigation to the Complainant within 30 days of communication of this order. Interim order passed earlier in the matter stands vacated.

                        Pronounced in the Open Forum on this day i.e. the 12th day of September, 2016 given under my Signature & Seal of the Forum.