Heard learned counsel for the appellant.
2. This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainants in nutshell is that the complainant is a consumer under the OPs. It is alleged inter alia that in December,2010 the meter was replaced although the old meter was functioning well. It is alleged that from December, 2013 to November, 2014 it was raising to 117 units whereas from December, 2014 the bill was raised to 200 units and from January, 2015 to till date the bill was raised to 360 units per month. Since there is some disturbances in raising the bill complainant raised objection before the OPs time and again. Since the OPs did not listen his request, he filed the complaint.
4. OPs filed written version stating that till July, 2011 Rs.19,044.59 was pending against the complainant. Due to defect in the meter bill was prepared provisionally. After November, 2014 no allegation has come from the complainant. Therefore, there is no deficiency in service on their part.
6. After hearing both the parties, the learned District Forum passed the following order:-
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The OPs are directed to replace the defective meter in place of a new defective meter, recalculate the actual consumption per month since the day of the meter found defective, adjust the arrears amount with current electric bill and provide correct electric bill every month basing on the actual meter reading to the complainant. The OPs are further directed to pay a sum of Rs.5,000/- towards compensation & Rs.2,000/- towards cost of litigation to the complainant within 30 days of receipt of this order.”
7. Learned counsel for the appellantssubmitted that the bill has been revised in the meantime after complaint case is filed and the defect thus has been removed. Therefore, he submitted to set aside the impugned order by allowing the appeal.
8. Considered the submission of learned counsel for the appellants and perused the impugned order including the DFR.
9. Para – 4 of the written version filed by the appellants is as follows:-
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As per the said Billing Data (Ledger), it is evident that the meter bearing Sl.No.WUS13395 was installed in August, 2016 and since then the respondent/consumer has been billed on the basis of actual consumption as would be evident form the said Billing Ledger. The provisional bills raised in past have also been duly revised.”
10. In view of the aforesaid para and the annexures when bill has already been revised and the deficiency in service has been removed, we do not find any reason to confirm the impugned order. Therefore, the impugnedorder is set aside and the appeal stands allowed. No cost.
The statutory amount deposited be refunded the he appellants with interestaccrued thereon if any on proper identification.
DFR be sent back forthwith.
Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.
