The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Project Leader, APIPL, Khaira, O.P No.2 is the Junior Engineer, NESCO, Khaira, O.P No.3 is the Executive Engineer (Electrical), NESCO, Soro and O.P No.4 is the Managing Director, NESCO, Januganj Golei, Balasore. 

                    2. Factual matrix of the dispute is that the Complainant, being a Consumer under the O.Ps vide Consumer No.SK-42465 for the last 18 years was paying his electric bill regularly. But after 2/3 years from the date of connection, the O.Ps have supplied with the defective electric bills to the Complainant. The amount of electric bill supplied by the O.Ps to the Complainant up to and inclusive the month of October, 2012 had gone up to amounting Rs.28,660/- (Rupees Twenty Eight Thousand six hundred sixty) only, which was not possible by the Complainant to clear all these exorbitant electric bills in time. The consumption as per the bills supplied by the O.Ps after October, 2012 again reduced to 50-70 units as it was being levied earlier i.e. from the date of first connection and up to 2/3 years of first connection. The O.Ps had levied for consumption of unit ranging from 288 to 519 after 2/3 years of first connection up to October, 2012. During the period, the Complainant requested the O.Ps to revise the defective electric bill, but the O.Ps did not pay any heed to it. But, finally the Complainant deposited a sum of Rs.200/- (Rupees Two hundred) only towards meter challenging fee on 09.03.2014 as per the information by the O.Ps for correction of bill amount, but the O.Ps did not comply. The electric supplied to the Complainant was disconnected on 21.04.2016 and electric consumption for that month has been recorded as Nil or Zero. The O.Ps instead of correcting the defective bill of the Complainant, rather demanded illegal amount of Rs.23,294/- (Rupees Twenty three thousand two hundred ninety four) only to the Complainant. The prayer of the Complainant is for connection of electric supply to his house and rectification of present electric bill along with compensation and litigation cost.

                    3. Written version filed by the O.Ps No.1 to 3 through their Advocate, where they have denied on the point of maintainability as well as its cause of action. But they have submitted that the Complainant is not paying electricity dues to the O.Ps No.1 to 3 regularly. Further they have denied that the Complainant deposited Rs.200/- (Rupees Two hundred) only towards meter challenging fee before the O.Ps on 09.03.2014 for correction of the bill amount of the Complainant as per information by the O.Ps No.1 to 3. But, it is a fact that the Complainant was consuming power supply illegally with a defective meter, resulting the Complainant was served with load factor bill of 144 units since 2005 till July, 2011. As per OERC Regulations, revision of bill is possible only after three consecutive reading taken after replacement of defective meter. But in the present case, revision of bill was not possible as the Complainant consumed/ his consumption pattern is higher than the load factor billed unit of 144 units served to the Complainant in the past. The Complainant is claiming that the replaced meter is faulty, but after testing by the O.Ps No.1 to 3, the above said meter found Ok with a challenging meter. Hence, the electric bills served by the O.Ps No.1 to 3 to the Complainant is genuine.

                    4. Though sufficient opportunities are given to O.P No.4, but the O.P No.4 has neither appeared nor filed his written version within the statutory period. So, the O.P No.4 is set ex-parte.

                    5. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?

                    6. In order to substantiate his claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainant that in the month of October, 2012, he received a bill amounting to Rs.28,660/- (Rupees Twenty eight thousand six hundred sixty) only, which was excess one and his consumption has reduced to 50-70 units after October, 2012. The O.Ps have also levied consumption of units ranging from 288-519 units, which was also defective, for which the Complainant has deposited Rs.200/- (Rupees Two hundred) only towards meter challenging fee on 09.03.2014 and the receipt was filed by the Complainant in this case and prayed to the O.Ps for correction of the defective bill amount. The power supply to the premises of the Complainant has also been disconnected by the O.Ps on 21.04.2016. But, thereafter no steps taken by the O.Ps to clarify the illegal demanded amount of Rs.23,294/- (Rupees Twenty three thousand two hundred ninety four) only, for which the Complainant has filed this case in this Forum praying for connection of power supply to his house and rectification of present bill along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps No.1 to 3 that as per OERC regulations, the revision of bill is possible only after three consecutive months reading taken after replacement of the defective meter. In the instant case, the meter was found Ok with a challenging meter and the electric bills supplied  to the Complainant is genuine and no revision of bill is required. For supply of testing of alleged faulty meter with a challenging meter, no material is available in the case record from the side of the O.Ps. The O.Ps are silent as to what happened to such document as it is a vital document to decide this case. On the other hand, the Complainant has deposited Rs.200/- (Rupees Two hundred) only towards meter challenging fee, receipt of which was filed by the Complainant in this case. According to Rule-58 of OERC (Distribution and Conditions of Supply) Code-2004, for the period, the meter is not refixed again after testing, the billing shall be done taking into consideration of the average 3 (three) months energy bill after reinstallation of the meter.

                    7. So, now on careful consideration of all the materials available in the case record, this Forum come to the conclusion that it is a fit case to direct the O.Ps to refix a new meter in the premises of the Complainant and after re-installation of new meter, the billing shall be done taking into average 3 months energy bill and the present bill should be revised accordingly and there should be no disconnection of the power supply of the Complainant till payment of his regular electric bills. For the interest of justice, the Complainant should deposit Rs.10,000/- (Rupees Ten Thousand) only before the competent O.Ps for re-connection and such amount should be adjusted after taking actual reading as per above instruction. Further, the O.Ps are jointly or severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order and failure to comply the same will carry interest @ 10% per annum, which will meet the ends of Justice in this case. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed on contest against O.Ps No.1 to 3 and on ex-parte against O.P No.4 with cost. The O.Ps are directed to refix a new meter in the premises of the Complainant and after re-installation of the new meter, the billing shall be done taking into average 3 months energy bill and the present bill should be revised accordingly and there should be no disconnection of the power supply of the Complainant till payment of his regular electric bills. For the interest of justice, the Complainant should deposit Rs.10,000/- (Rupees Ten Thousand) only before the competent O.Ps for re-connection and such amount should be adjusted after taking actual reading as per above instruction. Further, the O.Ps are jointly or severally liable to pay compensation of Rs.5,000/- (Rupees Five Thousand) only and litigation cost of Rs.1,000/- (Rupees One Thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 10% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 11th day of October, 2017 given under my Signature & Seal of the Forum.