MRS RAJASHREE AGARWALLA, MEMBER-

                  Deficiency in service in respect of non-revision of arrear outstandings of energy bills and illegal service of disconnection Notice of power supply are the allegations arrayed against the Ops.

2.                  Complaint in brief reveals that, Complainant is a domestic category of consumer under Ops bearing consumer No. D71358, which correspondence to new consumer A/C No. 021184547. Complaint petition reveals that, Complainant is enjoying power supply from the year 29/6/1999 till end of the year 2012. As the electricity consumption was very low, Complainant paid Rs. 70/- to Rs. 80/- per month towards energy consumption charges. The power supply to the Complainant’s premises was disconnected from the year 2013 to 2015. On receipt of Notice, where Rs. 20,000/- was charged on the complainant as arrear outstandings, Complainant paid Rs. 3,000/- on dt. 27/1/2016 and also different amounts on different dates and received the money receipts granted by Op-authorities. It is also revealed that, though Complainant has paid Rs. 1500/- to Ops for installation of a new meter, but after passing of 2 years, Ops did not instale the new meter. The Ops on receipt of Rs. 8500/- again demanding arrear outstandings, failing which power supply will be disconnected. At last, the Ops disconnected the power supply on dt. 1/11/2016. The Complaint is filed for restoration of power supply, correction of monthly energy bills and withdrawn of illegal arrear outstandings of Rs. 20,000/- and compensation of Rs. 10,000/- as cost of litigation.

3.                Upon receipt of Notice Ops appeared through their Ld. Counsel and filed Joint written statement into the dispute by stating that Complainant is a domestic category of consumer under Ops bearing No. 02184547. The meter of the complainant was defective from 3/11 to till-date and the bills were/are prepared on average consumption basis and an arrear outstandings of Rs. 38,833/- as pending on the complainant till January-2018. It is also averred that the complainant has never applied for revision of energy bill, if the complainant install a new meter and applies for revision of energy bill, the Ops are ready to revise the same. In the circumstances the complaint is liable to be dismissed with cost and Ops have not committed any deficiency in service.

 4.               Heard the complainant and Ld. Counsel for Ops perused the documents i.e, attested Xerox copies of money receipts (2 pages) filed by complainant and attested copy of consumer billing statement of Ops. It is an admitted fact that Complainant is a domestic category of consumer under Ops bearing consumer No.D71358, which correspondence to new consumer A/C No. 02184547. It is also admitted that energy bills of the Complainant are prepared on a average consumption basis for a specific period.

                  It is the case of the Complainant that, though an amount of Rs. 1500/- has been paid to the Ops for installation of new meter, but the Ops without installing the new meter, preparing the energy bills on average consumption and not revised the previous arrear outstandings. On the other hand, Ops in their written statement deny the receipt of amount for installation of new meter, rather advised the complainant to instale the new meter. In this point of dispute we observe that, no evidence is produced by the Complainant in respect of payment of Rs. 1500/- for installation of new meter and no detail perticulars of the said payment is disclosed before this Forum. Hence, it can’t be held that the complaint has paid Rs. 1500/- towards installation of new meter, if payment perticular towards purchase of new meter is available with the complainant, same can be utilized for the purpose. Further, on prayer for revision of arrear outstanding the consumer billing statement provided by the Ops reflects that, the monthly energy bills are prepared from March-2011 to January-2018 on ‘Average’ consumption basis and prior to March-2011 the arrear outstandings of the Complainant remains to the tune of Rs. 6078/- only. It is clear from the consumer billing statement that for a long period of 7 years, the monthly energy bills are prepared on ‘average’ consumption basis, for which an arrear outstandings are pending on the Complainant. In our considered view, we feel that if the billing period from March-2011 to January-2018 are revised on a fresh application for revision by Complainant and in accordance with the provisions of O.E.R.C. Code-2004 on installation of new meter in the Complainant’s premises, the grievance of the complainant will be fulfilled. The I.A. Misc case No. 6/17 which arises out of the present complaint was filed for restoration of power supply. By an ex-parte order dtd. 30/11/2017 this Forum issued certain direction to the parties for restoration of power supply and the I,.A.Misc Case was dropped on dt. 29/8/2017 as Regulation-17 of C.P.Act.1986 with a direction to Ops not to take any coercive action against the Complainant-Petitioner till disposal of the C.C.Case. It appears from the consumer billing statement that in compliance of order of I.A. Misc Case dtd. 30/11/2017 the said payment is not challenged by the Ops. As per the order in the I.A. Misc case the amount paid in connection to the same will be adjusted in the revision process of arrear outstanding of the Complainant.

                    Having observations, reflected above, it is directed Ops will revise the monthly energy bill of Complainant bearing consumer No. 02184547 from March-2011 to Jan-2018 on installation of a new meter, if not installed earlier, and the revision of this said period will be carried out as per the norms of OERC Code-2004, on the application of the Complainant for revision of arrear outstandings. The Ops will revised energy bill to the Complainant within 4 months of receipt of application for revision of arrear outstandings by the Complainant.  One month time is given to Complainant from receipt of this order to apply for revision of arrear outstandings before the Ops as per the observations. Till revision of the energy bills, the Ops are hereby restoration to take any coercive action against the Complainant. Non-Compliance of the order by the parties will initiate proceeding as per the provisions of C.P.Act, 1986.         

                Complaint is allowed in-part on contest without cost.

                Pronounced in the open Court, this 30th day of April, 2018.             

                  I, agree.                             I, agree.

                   Sd/-                                    Sd/-                        Sd/-   

              MEMBER                         PRESIDENT              MEMBER