SRI JIBAN BALLAV DAS, PRESIDENT:-
The Complainant is a consumer of electricity bearing Consumer No.01411385 with demand of 2.5 KW. The complainant was regularly paying electric energy charges till Nov.2017. As per the instruction of OP No.4 the complainant-consumer purchased a new electric meter by paying Rs.1300/- and deposited the said meter before the Ops for testing on dtd.24.101.18. On dtd.25.05.18 after installation of new electric meter the load factor was enhanced from 2.5 KW to 5.00 KW. The complainant’s billing of electricity was prepared on GPS category. The Ops served erroneous electric bills from dtd.24.01.18 to dtd.25.05.18. From Oct.,2018 to December,2018 energy bills were prepared on minimum charges amounting to Rs.1860/- per month. In the month of December,20-17 the complainant applied to the Ops for a separate electric connection to his newly installed Broiler Firm and ran to the Ops many times but the Ops, without any valid reason instead of supplying the electric line to his Broiler Firm continued to send monthly energy bills on the strength of GPS which caused serious loss for which the complainant, finding no other alternative filed this case against the Opp.Parties. Hence, the prayer.
2. On the otherhand, the Ops in their written version inter-alia denying the allegation submitted that the complainant is a defaulter and never paid the electricity dues and according to the Ops till Nov.2019 there was outstanding of Rs.28,924.62 against the complainant towards electricity dues. According, to the Ops, the complainant availed the electric connection as domestic consumer but during inspection it was found that the complainant was having a Broiler Firm running in the same premises, for which the load factor was enhanced from 2.5 KW to 5 KW. In the month of June,2018 a new meter was installed in the premises of the complainant which is admitted by the Ops. In para-8 of the written version the Ops admitted to fairly consider the grievance of the complainant within the scope and ambit of the OERC Rules and Regulation,2004. Hence, the Ops prays to dismiss the complaint petition who has come to this Forum without cleaned hands.
3. So, the point to be decided here whether the complainant is a consumer nor not and if he is entitled to any relief or not ?
4. Heard on the complaint from both the sides at length in the matter. Perused the materials available in the case record. On perusal of the materials in the record, it is seen that the complainant, being a domestic consumer started Broiler Firm, without obtaining prior permission. However, it is seen that the complainant filed Xerox copy of the application to the Ops for separate electric line to his Broiler Firm which was not properly attended to by the Ops as revealed from the case record. On the contrary, the Ops in their written version fairly admitted to take care of the grievance of the complainant. Under such circumstances, the prayer of the complainant is allowed. Hence, it is ordered:-
The complainant is directed to meet the Ops with facts and figures with all relevant documents for proper assessment of the electrical dues and shall clear up all the outstanding dues to the Ops after receiving the assessed electricity charges from the Ops within a period of one month hence from the date of this order.
Accordingly, the complaint petition is disposed of without any cost.
Pronounced in the open Court, this the 12th day of February,2020.
