SMT.RAJASHREE AGARWALLA,MEMBER:-
Serving of inflated energy bill showing huge arrear outstandings and illegal disconnection of power supply are the allegations arrayed against the Opp.Parties.
2. Complaint, in a nutshell reveals that, Complainant is the owner of Plot No.166/318, At:-Santasahi,Kendrapara and the same plot was purchased from one Promoda Das on execution of a registered sale deed. The complaint petition reveals that though the property was transferred to the complainant, the electricity connection continues to be in the name of Promoda Das(OP No.3) bearing Consumer No.1019931. It is stated that few room were rented to shop keepers, who were enjoying the power supply in the same consumer number and was paying the monthly dues regularly upto the year 2015. The Ops demanded an illegal amount and disconnect the power supply to the complainant’s premises. It is also revealed that after disconnection of power supply and for its restoration, Ops were agreed to fix easy Annual installments’ to clear the arrear dues alongwith current monthly energy dues. As per the instruction complainant installed a new meter on June,2016 and also paid Rs.10,000/- towards pending arrear dues. It is alleged that Ops demanded Rs.1,05,420/- and served a notice bearing No.KED/Disc./040297 for payment of arrear dues. Complainant put forth his grievance before the Ops, but OPs disconnected the power supply on dtd.06.03.2017. The arbitrary act of the Ops give mental agony to the complainant, which includes the change of name of the consumer on transfer of the property. The cause of action of the instant case arose on November,2016, where the Ops served the disconnection notice and on dtd.06.03.2017 when the Ops disconnected the power supply. In the complaint it is prayed that a direction may be given to Ops to withdraw the inflated energy bill and to revise the same. It is further prayed that power supply be restored and compensation may be awarded in favour of the complainant for deficiency in service.
3. Upon receipt of the Notice Ops appeared through their Ld. Counsel Mr. P.K.Samal and filed joint written statement into the dispute. The written version reveals that one domestic power supply was given in the name of Promoda Das bearing Consumer No.01019931 with a contract demand of 2.5 KW. It is averred that due to non-payment of arrear outstandings an amount of Rs.90,429/- is pending against the consumer till February,2018. It is also averred that, complainant has never applied for revision of energy bill and if it is applied as per the formalities, the revision of arrear outstandings will be considered within the ambit and scope of regulations provided in the OERC. In the circumstances, the Ops have not committed any deficiency in service and the complaint is liable to be dismissed with cost. OP No.3, Pramoda Das the proforma defendant was deleted from the proceeding considering the memo filed by complainant on dtd.18.05.18.
4. Heard the Complainant and Ld. Counsel for Ops. Complainant to substantiate his case filed attested Xerox copies of ROR, sale deed which was executed by Pramoda Das in favour of the Complainant Shiba Prasad Barik and monthly energy bill of August,2018 and pay order amount of paid to Ops. Ops also filed the consumer billing statement of Consumer No.01019931. We, also perused the documents filed into the case. It is an admitted fact that complainant was availing power supply in the Consumer No.01019931 which is recorded in the name of one Promoda Das and an arrear outstanding is pending against the said consumer. The copy of the sale deed and ROR filed into the dispute reveals that the property has been transferred to complainant on dtd.28.12.1994 and ROR has been published, but power supply is given in the name of transferor Promoda Das which continues till date. Ops do not dispute the claim of the complainant in respect of availing power supply.
5. As the complainant was practically availing the power supply and paying the energy dues, hence complainant is a beneficiary of the service, though the name of the consumer is still continuing in the name of Pramoda Das. On the dispute and allegation of inflated energy arrear oustandings Ops filed consumer billing statement of complainant bearing No.01019931, which reveals that upto March,2005 the arrear outstandings shown as Rs.46,232/- and afterMarch,2005, the monthly energy bills are prepared on ‘Actual’ consumption basis till July,2012 and from August,2012 to May,2016 the monthly energy bills are prepared as ‘HL(House lock) or ‘Average’. It is further reveals that in the month of April,2016 the outstanding arrear amount shown as Rs.99,834/-, but the arrear outstanding in the month of March,2016 reflect an amount of Rs.39,260/-. During course of hearing complainant has not raised any objection to the arrear outstandings except the period August,2012 to May,2016, where the bills are prepared on ‘average’ consumption basis for which a huge arrear oustandings are shown as pending arrear dues. In addition to this Ops in their written statement averred that, Ops are ready and willing to revise the energy bill on submission of a fresh application by the complainant before the authority. In the circumstances, we observe that, when the parties entered into the dispute are agreed to comply the grievance by revising the arrear outstandings, nothing is left before this Forum to decide in the dispute. It is further revealed from the consumer billing statement that after May,2016, the monthly energy bill are prepared on ‘actual’ consumption basis on the meter reading.
Having observations reflected above, it is directed that Ops will revise the arrear outstanding of the consumer billing A/C No.0109931 after taking average of three months meter reading consumption from 6/2016 to 8/2016, on receipt of the application of complainant for revision of arrear oustandings and Ops will also take into account the payments made by the complainant, during this period while revising the arrear oustandings, if not account for earlier. It is also directed that Ops will change the name of the consumer on submission of proper application and documents by the complainant required for the purpose. The I.A. Case No.15/2017 which arises out of the present C.C.Case was dropped on dtd.28.07.2017 with a direction to Ops not to take any coercive action against the complainant till disposal of the C.C.Case. The order is to be complied by the parties within two months from receipt of this order, failing which action will be initiated against the defaulting parties as per the provisions of C.P.Act,1986 and till compliance of the order, the Ops are hereby restraint to take any coercive action against the Complainant-Consumer.
Complaint is allowed in part without any cost on contest.
Pronounced in the open Court, this the 30th day of August,2018.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
