SMT.RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of serving illegal inflated energy bill are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that, Complainant’s deceased father namely Nityananda Das was a domestic category of consumer under the Ops bearing consumer No. D14K43, which correspondence to new consumer A/C No.02115385. Complainant reveals that, upto occurance of Super Cyclone energy dues were paid regularly. But Ops without considering the date of restoration of power supply after Super Cyclone served energy bill of Rs. 26,222/- on dt. 11/09/2016 as arrear outstanding dues. Accordingly, Complainant lodged a written complaint before the S.D.O.(CESU), Marshaghai and Op No.3 protesting the illegal arrear outstandings. It is alleged that Ops without considering the complaint issued a disconnection Notice on dt. 21.12.2016 bearing No. 20213, where an amount of Rs. 26,271 is shown as arrear outstandings dues which according to complainant as illegal and arbitrary. The acts of the Ops are treated as deficiency in Service as it caused mental agony to the Complainant. Hence, it is prayed that a direction may be given to Ops to rectify the arrear outstandings and to pay Rs. 10,000/- as compensation for mental agony alongwith cost of litigation.
3. Being Noticed Ops appeared through their Ld. Counsel and field Joint written version into the dispute by stating that Complainant’s deceased father was a domestic category of consumer under Ops having a contact demand of 1.5 K.W. and the consumer No. is 02115385. Due to non-payment of electric dues the outstandings of Rs. 25,680/- till January-2018 is reflected as arrears. Complainant has never applied for revision of energy bill, if complainant is applied for the revision same will be considered by the Ops within the purview of the law. In the circumstances the complaint bears no merit and is liable to set-a-side.
4. Heard the authorized representative of Complainant and Ld.Counsel appearing for the Ops perused the documents filed into the case by the parties. It is an admitted fact that Complainants father is a domestic category of consumer under Ops bearing No. 02115385 and disputed arrear outstandings are pending against the complaint till date. In support of the pleading Complainant field attested Xerox copy of disconnection Notice dtd. 15/09/2016 and dtd. 21/12/2016 alongwith attested copy of monthly energy bill of October & December-2016. OPs filed consumer billing statement of complainant bearing consumer A/C No. 02115385. It appears from the billing statement which has an arrear outstandings of Rs. 25,677/- is pending on the complainant up to January-2018. It is equally clear from the billing statement that upto March-2005 the arrear outstanding on complainant was Rs. 20,032/- and the energy bill of the said period are prepared on ‘Actual’ consumption basis, and complainant has made payments against monthly consumption. But the complainant alleged that till occurance of super cyclone, his father was paying the monthly dues regularly. The facts and figures after occurrence of Super cyclone and prior to March-2005 are not presented by the parties for better appreciation of the fact. Further, in the dispute Ops in their written statement averred that, if complainant applies for correction of disputed bill, same can be complied as per the provisions. In the circumstances, we are of the opinion that if there is any arrear outstandings pending prior to March-2005 and on occurance/restoration of power supply after Super cyclone, same be rectified/revised as per the law. The I.A. Misc Case which arises out of the present C.C.Case was dropped on dt. 27/6/2017 with a direction to Ops, not to take any coercive action against Petitioner till disposal of the case.
Having observations reflected above, it is directed that, Complainant will apply for a revision of arrear outstandings as per the provision within one month of receipt of this order. On receipt of the application for revision application, Ops will revise the arrear outstandigns as per our aforesaid observations, within one month of receipt of the application made by the complainant. Till completion of the revision, Ops are hereby restraint to take any coercive action against the complainant bearing consumer No. 02115385, failing to comply the order by the parties will initiate proceeding as per the provisions of C.P.Act,1986.
Complaint is allowed in part without cost.
Pronounced in the open Court, this the 21st day of June,2018.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
