MR. NAYANANANDA DASH,MEMBER -
Deficiency in service in respect of serving inflated and erroneous energy bills by the Opp.Parties are the allegations arrayed against the Ops.
2. Complaint, in brief reveals that complainant’s father is a domestic category of consumer under the Ops bearing Consumer No.01012011 and the power supply has been connected to the complainant’s premises since long i.e. from time of Orissa State Electricity Board(OSEB). Complainant was enjoying the power supply and making payment regularly as per the consumption, on dtd.16.10.16, Complainant’s father received an energy bill from OP No.2 showing an outstanding of Rs.49,226/- to be paid within 15 days unless the power supply will be disconnected. Complainant, on receipt of the notice met the officials of the Ops, challenging the illegal outstanding amount, but the Ops in their own accord without correcting the entire amount in the bill, deducted different amounts on different dates unilaterally without disclosing the true fact and told that as the old ledger is not available and the Ops are not able to correct/revise the entire outstanding dues. Complainant believing the version of the Ops under the bonafide belief that in course of time the Ops will make necessary correction in the energy bills of the complainant. Ops in the month of Dec.2015 served an energy bill dtd.12.12.15 showing an arrear amount of Rs.49,228/- as arrear outstandings, when complainant make a query regarding the outstanding dues, the official of the Ops usually assured to correct the arrear outstanding. But till-date complainant as a consumer did not receive the details particulars of the alleged demand of the arrear amount. The complaint petition also reveals that as a matter of fact there is no arrear outstandings pending on the complainant as per the notice dtd.16.02.2016 as claimed by the Ops. The complainant is ready and willing to pay the legal outstanding dues, subject to submission of accurate monthly energy bills. The cause of action of this proceeding arose within the jurisdiction of the Hon’ble Forum dtd.16.02.16 when the Ops issued notice to disconnect the power supply. Such act of Ops is illegal, arbitrary and gives mental agony to the complainant which force the complainant to file this present complaint with prayer seeking direction of this Forum to Ops not to realize the amount of Rs.49,226/- as per notice No.61388 dtd.16.02.16 and Ops be restrained to disconnect the power supply to the complainant’s premises vide Notice dtd.16.02.16, also prays for award of cost of litigation in favour of the complainant.
3. Being notice, Ops appeared through their Ld. Counsel Mr. P.K.Samal and Associate Advocate and filed joint written statement admitting that complainant’s father is domestic category of consumer under the Ops bearing Consumer No.01012011. In the written statement it is averred that complainant has never made any complaint before the Ops for revision of disputed arrear amount and an amount of Rs.58,256/- upto September,2016 is pending on the complainant. Further, the Ops states that the Ops are ready and willing to revise the bills as per the provision. It is also averred that taking the advantage of interim direction of the Forum, complainant-Petitioner is not paying the energy dues the Ops have the authority to disconnect the power supply to the complainant’s premises under the Law. It is further averred that if the complainant files a fresh application before the appropriate authority for revision of arrear outstanding same can be complied on the direction of the Hon’ble Forum.
4. Heard the complainant and Ld. Counsel for the Ops, gone through the documents filed into the case. Complainant files documents as per the list dtd.23.02.16 and on date of hearing filed attested and copies of six nos. of energy bills of different dates starting from Nov.1993 to Oct.1996 same is acknowledged by Ops. On the other hand, Ops-Electricity Authority filed consumer billing statement of the complainant starting from March,1998 to May,2017 along with the office circular bearing letter No.17526(8) dtd.01.08.16. It is an admitted fact that complainant’s father is a domestic category of consumer bearing No.01012011 under the Ops. It is also admitted that a certain amount is pending an arrear outstanding dues against the complainant-consumer.
5. In the complaint, it is alleged that the disconnection notice issued on dtd.16.02.16 by the Ops showing the arrear amount of Rs.49,226/- is illegal and arbitrary amount having without any legal basis. It is further alleged that the monthly energy bill for the month of Jan.2011 to March,2011 itself shows that the preparation of billing is not in accordance with the proper accounting procedure and the same is contradictory to the consumer billing statement provided by the Ops. We perused the consumer billing statement provided by the Ops starting from March,1998 to May,2017 which reflects that on the month of March,1998 the complainant’s arrear outstanding shows an amount of Rs.13,450/- with the meter status as “defective” which continues upto Nov.2003 and till Nov.2003 the balance arrear outstanding remains Rs.56,512/-. After Nov.2003 till May,2017 the energy bills are prepared on ‘actual’ consumption basis and the said period remains undisputed. It is also noticed that prior to the date 3/98, the copy of the monthly energy bills produced by the complainant discloses that energy bills are served on the complainant bearing old consumer No.D2B73 on ‘Average’ consumption basis. But this Forum can not take the grievance into account of the said period (prior to 1998) as no document is presented by the Ops-Electricity Authority by disclosing the true state of affairs, any remark in this regard will be a unilateral observation/decision. In our considered opinion the bills prepared from 3/98 to 11/03 basing on ‘Average’ consumption showing the meter status as ‘defective’, if rectified or revised justice will be done to the complainant, further the Ops in their written statement averred that, Ops are ready to revise the energy bills, if complainant applies for a fresh revision of outstanding dues. The application for revision of billings as averred by Ops is not required in the present case, as the complaint is filed before this Forum on the allegations of revision of energy bills. In addition to the same, it is noticed that the energy bills are prepared on or after Dec.2003 on ‘Actual’ consumption basis. It will be lawful, if the Ops taking into account of the monthly consumption from Dec.2003 and revised the monthly energy bills for the period 3/98 to 11/2003, it will fulfilled the grievance of the complainant.
6. An I.A.Case No.13/2016 was filed which arises out of the present C.C.Case disposed of, where a direction was given to the complainant to deposit Rs.10,000/- and same is complied, on dtd.27.03.17 which is reflected in the consumer billing statement. The deposited amount is to be adjusted in the complainant’s payment, during revision of the energy bills as per our aforesaid observations.
Having observations reflected above, it is directed that Ops will revise the monthly energy bills of the complainant calculating from 3/98 to 11/03 as per our observations and accordingly adjust the payments made by the complainant from 3/98 to till date on final revised energy bills. It is further directed that Ops will revise the monthly energy bills of the complainant within one month of receipt of this order, till service of revised energy bills Ops are hereby restrained to take any coercive action against the complainant. Equally, the complainant-consumer will pay the monthly energy dues regularly. Non-compliance of the order by the parties will initiate action as per the provisions of C.P.Act,1986.
Complaint is allowed in part on contest without any cost.
Pronounced in the open Court, this the 24th day of August,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
