The Complainants have filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, NESCO, Balia, Balasore, O.P No.2 is the Asst. Manager (Electrical), Supply-2 Sub-Division, Balia, Balasore, O.P No.3 is the Junior Manager (Electrical), Supply-2 Sub-Division, Balia, Balasore and O.P No.4 is Sudam Nayak, Junior Technician (Electrical), Supply-2 Sub-Division, Balia, Balasore.

                         The hub of the dispute is that the Complainants in nutshell against the O.Ps as per the averments made in their complaint petition is that, the Complainant No.1 (Ananda Chandra Behera) was a Consumer of Electricity under the O.Ps vide Consumer No.C-20-0608 for domestic purpose since 13.10.2010 in respect of his house at Mouza- Ganeswarpur for 1 K.W load through installation of a meter purchased by him after its proper testing by the O.Ps.

                         As per the application of the Consumer (Complainant No.1), the load capacity of the electricity in his house vide Consumer No.C-20-0608 was enhanced by the O.Ps from 1 K.W to 2 K.W on 11.01.2013 after receiving Rs.770/- vide Receipt No. 749173, dt.11.01.2013 towards additional security.

                         While the Complainant No.1 was absent from his house, all on a sudden i.e. on 26.11.2013, the O.Ps No.2 to 4 entered into the premises of the house of the Complainants and forcibly disconnected their electric line and rooted out the electric meter from their outer wall and went away to their Office at Balia with the said electric meter. So, the wife of the Complainant No.1 i.e. Complainant No.2 went to the Office of the O.Ps at Balia and requested them (O.Ps) for reconnection of electric line to their house, as by that time, the examination of her minor daughter was going on. So, taking the aforesaid helpless condition of the Complainant No.2, the O.P No.2 compelled her to sign on a paper, or else, they will not re-connect the electric line. For which, the Complainant No.2 signed on that paper as per the direction of the O.P No.2 in order to get the re-connection of electric line immediately. Then, the O.P No.2 provided her a paper shown as spot verification report on checking of installation indicating therein falsely about the inspection to the house and tampering with the meter for its slow running to the extent of 34.65% and enhancement of load capacity in their house from 2 K.W to 4 K.W. When the Complainant No.2 requested O.P No.2 and 3 for re-connection, then they demanded penal amount of Rs.8,053/- illegally through imposition of penalty on them (Complainants) from November, 2012 to October, 2013 stating falsely about the slow running of the meter to the extent of 34.65%. So, without getting any way, the Complainant No.2 paid Rs.8,203/- (i.e. the demanded penal amount and re-connection charge) to the O.P No.2 vide Receipt No.235530, dt.26.11.2013 and the electric line to the house of the Complainants were re-connected. Subsequent thereto, after repeated approach of the Complainant No.2, the O.P No.2 handed over a fake and fabricated final assessment order to the Complainant No.2, some days after 26.11.2013 showing its preparation on 26.11.2013 by indicating therein falsely that, the Complainant No.1 failed to appear before him for hearing on 04.12.2013 during 10 A.M to 5 P.M and keeping blank about the date of deposit of the penal amount by the Complainant No.2 for slow running  of the meter. Thereafter, the O.Ps also harassed the Complainants by demanding Rs.3,369/- illegally through bill dt.20.12.2013 as provisional penal amount in spite of receiving Rs.8,203/- on 26.11.2013 towards penal bill including re-connection charge.

                         So, without getting any way, the Complainants filed this case against the O.Ps claiming compensation for mental agony and harassment of Rs.1,14,103/- under different heads alleging the above deficiency-in-service of the O.Ps towards the Complainants.

                         After filing of the case before this Forum against the O.Ps, the O.Ps have also continued their harassment on the Complainants by issuing double bills for the month of February, 2014 i.e. on dt.21.03.2014 and on dt.23.03.2014.

                         Having been noticed from the Hon’ble Forum, the O.Ps have contested the aforesaid case of the Complainants by filing their objection jointly after denying all the assertions and allegations made by the Complainants against them in their complaint petition by taking their stands inter-alia in nutshell that, the case of the Complainants against them is not maintainable under Law before the Consumer Forum. The Complainants have no cause of action to file the case against the O.Ps. The Complainants are stopped under Law to initiate the case against the O.Ps. The petition of the Complainants against the O.Ps is totally vexatious one. The averments made in the petition of the Complainants are all false. According to the objection of the O.Ps, the Consumer Forum has no jurisdiction to adjudicate the disputes stated in the petition of the Complainants. But the same is adjudiciable before the other statutory Forums constituted under Law. According to them, in fact, the Complainants had tampered their meter, which was installed in their house for its slow running to the extent of 34.65 % since the period from November, 2012 to October, 2013 and that the house of the Complainants were properly inspected and checked by the O.Ps on dt.26.11.2013 and the tampering of meter was properly detected and that, on spot verification, the penalty was properly imposed on Complainant No.1 through final assessment order on dt.26.11.2013 after providing an opportunity of being heard to the Complainant No.1. For which, the complaint petition of the Complainants against the O.Ps is liable to be dismissed with cost. 

                         On the basis of the aforesaid allegations and counter allegations from both the contesting Parties, the following points are required to be determined:

                         Here in this case, the Complainant No.1 undisputedly a Consumer under the O.Ps vide Consumer No.C-20-0608 and the Complainants being the husband and wife respectively have alleged several allegations against the O.Ps in their complaint petition including the allegation of deficiency-in-services of the O.Ps towards them (Complainants).

                         So far the second point i.e. whether, the O.Ps are deficient and negligent in their services towards the Complainants is concerned.

                         The allegations alleged by the O.Ps against the Complainants for tampering with the meter for its slow running to the extent of 34.65% since the period from November, 2012 to October, 2013 is totally unbelievable on the basis of the ratio of the decisions reported in 2011 (1) OLR (S.C) Page-860-Dr. S.C Jindal (V) Uhbvni Thro Executive Engineer & another, 2003 (I) OLR, Page-265 & IV (2015) Civil Law Times (Patna), Page-184 (Division Bench), A.I.R 1988 (S.C), Page-71 and (2015) II Civil Law Times, Page-563 (Uttarakhand), 2011 (II) OLR, Page-94 for thr following reasons:

(iv)      The clause in respect of the amount deposited by the Complainant No.2 before the O.P No.2 has remained blank with symbol  as………….., though in fact, the Complainant No.2 has deposited Rs.8,203/- before the O.P No.2 on dt.26.11.2013 vide receipt No.235530.

             On perusal of the case records available in this case and citations/ decisions filed by the Complainants through their Advocate, it is further noticed that:-      

1. The Complainant has already repaid the entire amount of Rs.8,203/- (Rupees Eight thousand two hundred there) only to the O.P No.2 vide Receipt No.235530 on 26.11.2013 as per final assessment order dt.26.11.2013 by the O.Ps.

2. Payment of Rs.770/- (Rupees Seven hundred seventy) only by the Complainant to the O.Ps vide Receipt No.749173, dt.11.01.2013 to the O.Ps towards additional security deposit for enhancement of 1 K.W to 2 K.W is subject to the verification by the O.Ps of load factor (actual consumption) of the Complainants. The O.Ps in the instant case can’t enhance the load of any Consumer without physical verification as per Law. Thus, it is concluded that status of meter and enhancement of load as decided by the O.Ps on 11.01.2013 was in order.

3.  As per final assessment order of the O.Ps covering the period from November-2012 to October-2013, which is unlawful also. As per the Electricity Act-2003, which read as “the period during which such unauthorized use of electricity has taken place can’t be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection”. But here, the period/ date is ascertained by the O.Ps i.e. on 11.01.2013. Hence, the O.Ps have unlawfully taken the amount for 12 months instead of 10 months.

4. However, we are surprised to note here that the electric bill supplied by the O.Ps to the Complainant for the month of November-2013, where the O.Ps have taken provisional reading for the units consumed by the Complainants as 576 units and levied Rs.2,852.02ps. But the O.Ps have admitted that the Complainants have already paid total penal bill of Rs.8,053/- on 26.11.2013, as per their final assessment order dt.26.11.2013. Further, the O.Ps have already admitted that the power supply was reconnected to the premises of the Complainants by installing a new meter with proper sealing on the same day i.e. on 26.11.2013. We do not find any reason, when the tested and sealed meter is affixed/ installed in the premises of the Complainants, justification of  consumption of units by the Complainants is taken as provisional reading for 576 units. Such activities by the O.Ps is not only intentional/ deliberate, but also arbitrary and illegal.

             But for the month of December-2013, January-2014 and February-2014, the units consumed by the Complainants are 192,128 and 151 respectively and amount demanded by the O.Ps are (830.32+564.08+659.76) Rs.2054.16, the average billing of these three months is Rs.685/- (approx.) only.      

5. Further, the O.Ps have supplied with two nos. of electric bill during the month of Feb-2014, one for 90 units on 21.03.2014 and another for 151 units on 23.03.2014 in order to harass the Complainants mentally.

             So, the compensation, to which the Complainants are entitled for from the O.Ps for their clear cut deficiency-in-service towards the Complainants due to the aforesaid unauthorized and negligent acts is calculated under different heads as follows:- 

             Therefore, on the basis of calculation of compensation under different heads as stated above, the Complainants are entitled for Rs.13,509/- (Rupees Thirteen thousand five hundred nine) only in total as just compensation from 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 the O.Ps to pay a sum of Rs.13,509/- (Rupees Thirteen thousand five hundred nine) only to the Complainants jointly or severally, within a period of 30 days of communication of this order, as per the calculation of compensation under different heads as stated above.

             Pronounced in the Open Forum on this day i.e. the 24th day of October, 2016 given under my Signature & Seal of the Forum.