SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving inflated energy bill reflecting illegal arrear outstandings are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that complainant’s father namely Sri Iswar Chandra Das is a domestic category of consumer under the Ops since the year 1960 having new consumer A/C No. 02043911 and complainant as a beneficiary of the electric service was paying monthly energy dues regularly as per ‘Actual’ consumption basis upto February,2014. It is alleged that on the instruction of the Ops, the old meter was replaced by a new approved meter on February,2014.Complaint reveals that though new meter was installed and running in OK condition the Ops prepared the monthly energy bills on ‘average’ consumption basis from August,2014 to February,2016 showing an arrear outstanding of Rs.18,506/-. It is also revealed from the complaint petition that complainant has paid energy dues on different dates from 2015 to 2017 and obtained money receipts granted by Ops. It is alleged that the cause of action arose on March,2017, when the Ops demand recovery of illegal arrear outstanding and disconnected the power supply to the complainant’s premises by which complainant’s old age father of 92 years and his family members sustained mental agony. The complaint is filed before the Forum for withdrawn of inflated energy bill of Rs.18,774/-,restoration of power supply and compensation of Rs.20,000/- for mental agony.
3. Though notice was received by the Ops and made their appearance but did not file the written version within the stipulated period provided under C.P.Act,1986, hence Ops were set ex-parte but allowed to be a part of the proceeding U/S-13(2)(b)(ii) of C.P.Act,1986, subsequently filing of written statement by Ops after expiry of the stipulated period is not considered accordingly.
4. Authorised representative of complainant and Learned Counsel for Ops were present during the hearing. The complaint is filing for revision of arrear oustandings of energy bills from the period August,2014 to February,2016 after replacement of the old meter. The version of the complainant is supported by an attested copy of monthly energy bill for the month of April,2015,which reflects the bills has been prepared on ‘Average’ consumption basis. Learned Counsel for Ops also conceded and submitted that, Ops have prepared the billing U/S-97 of the Act and they are ready to revise the energy arrear oustandings as per the provisions which are prepared on ‘Average’ and ‘House Lock’ basis. In the circumstances, we are of the opinion that, when the Ops are ready to revise the arrear oustandings, as per the law, if the complainant applies afresh, hence nothing is left before this Forum to decides. The I.A.Case No.29/17, which arises out of the present C.C.Case was dropped on dtd.01.08.2017 with certain direction to Ops for restoration of power supply and not to take any coercive action against the complainant till disposal of the complaint. The payments, if any made by the Petitioner in connection to I.A.Case No.29/17 is to be adjusted during course of revision of arrear oustandings and the disputed arrear billing is withdrawn.
Having observations reflected above, it is directed that complainant will apply before the Ops for revision of arrear oustandings as per our aforesaid observations within one month of receipt of this order. It is further directed that, Ops on receipt of the application from complainant will revise the arrear oustandings as per our observations and the revision of the arrear oustandings will be completed within one month of receipt of the application for revision and till completion of revision of energy bills the Ops are hereby restrained to take any coercive action against the complainant bearing Consumer No.02043911,failing to comply the order will initiate proceeding under the Provision of C.P.Act,1986.
Complaint is allowed in part without cost on ex-parte.
Pronounced in the open Court, this the 20th day of June,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
