SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving illegal notice of disconnection, and serving illegal and arbitrary energy bills are the allegations arrayed against OPs.
2. Complaint in brief reveals that, Complainant is a domestic category of consumer under Ops bearing Consumer No.DKC 179/9 which correspondence to New A/C No.01175460 and complainant was availing power supply for a contact demand of 1 KW. On dtd.29.01.01 installed a new meter in the premises of the complainant. It is revealed from the complaint petition that Ops enhanced the load factor from 1 KW to 3.5 KW from 2007 to February,2012 without any basis and the monthly energy bills served to the complainant was Rs.1400/- to Rs.1800/-. On protest the franchise Agency i.e. Enzen Global Solutions Pvt.Ltd. installed a new meter on dtd.23.03.2012, but OPs in the month of April,2012 served a energy bill amounting of Rs.1,05,120/- and complainant was forced to pay the amount on different dates and OPs threatening to disconnect the power supply. Complainant in his petition prayed this Forum to issue a direction to Ops to revise the contact demand as the Ops have c omitted deficiency in service by serving an illegal notice of disconnection and arbitrary monthly bills and further prayed before this Forum to get a compensation of Rs.20,000/- as mental agony.
3. Notice was served to the Ops and appeared through their Ld.Counsel, Mr. P.K.Samal, but did not filed any written statement within the statutory period prescribed in the C.P.Act,1986. But Ops were allowed to participate in the hearing as per the provisions U/S-13(2)b(ii) of C.P.Act,1986.
4. Heard the complainant and Ld. Counsel for the Ops. Complainant in support of his pleadings filed attested Xerox copies of monthly energy bills, money receipts, disconnection notice dtd.1.2.16, copy of undertaking and copies of letter addressed to OP-Authorities on different dates. On the otherhand, Ops filed documents as per the list. It is a fact that, complainant is a domestic category of consumer under Ops bearing Consumer A/C No.01175460 and an arrear outstanding is pending on the complainant as energy dues. It is the case of the complainant that, though meter was installed in his premises running in OK condition and with contract demand of 1 KW, the Ops without any such verification prepared the energy bills on average consumption basis fixing on contract demand of 3.5 KW. It is also the case of the complainant that, accepting the provisional assessment order, he has paid Rs.12,000/- on dtd.14.09.16 vide Money receipt No.006917. Equally, the Ops filed attested Xerox copies of PVR dtd.27.08.2016, copy of final assessment order and consumer billing statement of complainant. On perusal of documents filed by the parties, it appears that complainant’s monthly energy bills are prepared on average/defective basis from March,2005 to March,2012 and March 2016 to December,2016. The remaining periods of bills are prepared on ‘actual’ consumption basis. It also appears that complainant has paid Rs.12,000/- against the provisional assessment vide money receipt No.006917, on dtd,14.09.2016 which is reflected on the consumer billing statement produced by Ops, but the Ops as per assessment order fixed the amount in to Rs.13,786/-. As the complainant has accepted the provisional amount, he has to pay balance amount of Rs.1,786/- towards the final assessment. Complainant has requested the Ops to revise the energy bills by written complaints dtd.10.03.16, and dtd.17.09.2004, which has not been responded by the Ops. It is also clear that, the energy bills of the complaint are not revised for a long period though energy bills are prepared on ‘Actual’ consumption basis after March,2012. It will be lawful, if the average billing period of the complainant is revised on ‘Actual’ consumption basis. In addition to that, the Ops will calculate the payments made by the complainant during pendency of the present proceeding. It is further case of the complainant that the Ops wrongly calculated the contract demand on 3.5 KW instead of 1 KW as per the agreement. The grievance of the complainant can be resolved by making a fresh load verification of the complainant’s premises.
Having observations reflected above, it is directed that, the Ops will revise the energy bill of the complainant, bearing Consumer No.01175460 from March,2012 after taking meter reading from April,2012, as per the provisions of O.E.R.C. Code,2004 and on revision of contract load complainant has to apply before oP-Authority for fresh load verification, as per the Rules and on completion of load verification, parties will execute an agreement of load factor basing on the fresh load verification report. The order is to be complied within two months of receipt of this order, failing which action will be initiated against the defaulting parties as per the provisions of C.P.Act,1986. Till compliance of the order, Ops are hereby restrained to take any coercive action against the complainant.
Accordingly, the complaint is disposed of without any cost.
Pronounced in the open Court, this 22nd day of September,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
