| ORDER | 23-09-2015 - The reasons for delay in disposal of this appeal can be seen from the order sheet. - Inspite of fixing this case for passing ex-parte order, nobody appears for the parties.
- The Appellants have filed a petition for condoning the delay of about 93 days in filing this appeal on the following grounds.
“ 2. The certified copy of the impugned order was received and thereafter it was put up in the office of the appellant i.e., the limitation to file appeal expired on . 3. That the appeal was filed after the procedure for obtaining order for challenging the impugned order and this delay has been cause due to official procedure.” - Though no sufficient grounds are made out but the delay is condoned in the interest of justice, and in view of the pendency of this appeal from the year 2011.
- The present complaint was filed by the respondent –complainant on 24.11.2010. His case in short was as follows. His consumer number was BHD - 01366. On 23.12.2008, the officers of Electricity Board–Appellants inspected his premises and found that he was consuming electricity illegally and there was dues of Rs. 1,222/-. The loss amount was assessed at Rs.4000/- A criminal case bearing Jorapokhar P.S. Case No. 263/2008 corresponding to G.R. No. 3787/2008 was filed and line was disconnected. The complainant deposited the said amounts of Rs. 1,222/- and Rs. 4000/- vide receipt nos. 85067 and 68865/- respectively, on 23.12.2008 and also the electricity connection charges of Rs. 30/- receipt nos. 68864 dated 23.12.2008. The line was restored. The case was settled in Lok Adalat on 26.6.2010. He received the electricity bill in March, 2009 for Rs. 70,911/- which showed average bill on 125 units and energy charges of Rs. 168.75 with arrear of Rs. 69,354/- against which, he made complaint on 16.6.2009 and requested to rectify the excess bill, but nothing was done. He again received such excess bills, for which, he requested for correction but nothing was done.
- The learned District Forum held that the bills were wrong. It tentatively fixed Rs. 200/- per month for the period- January, 2009 to July, 2010, and directed the complainant to pay Rs. 3800/- and directed the Electricity Board to issue fresh bill on the basis of meter reading, which the complainant was to pay regularly. The Electricity Board was also directed to pay Rs. 2000/- as compensation and Rs. 1000/- as litigation cost to the complainant.
- Inspite of notice and fixing the case for ex-parte hearing, the O.Ps.- Appellants- Electricity Board did not appear before the District Forum.
- From the calculation annexed with the memo of appeal itself, it appears that the dues was nil on 23.12.2008, but the bill for 1/09 was raised on average 125 units i.e. for Rs. 168.75, with an arrear of Rs. 67,799/- plus D.P.S. etc. Then the bill for 2/09 was also raised on average of 125 units i.e. Rs. 168.75, with the said arrear + D.P.S. Then from 3/09 onwards, the bills were raised on average 288 units i.e. Rs. 419,60/- with the said arrear + D.P.S. There is absolutely no justification at all, how the said arrear came in 1/09 bill. As, there is no allegation of illegal use of electricity after 1/09 bill. The judgement of Hon’ble Supreme Court is not applicable in this case.
- In the circumstances, the District Forum rightly directed the Electricity Board to issue fresh bill on the basis of the meter reading from 1/09.
However, the District Forum tentatively fixed Rs. 200/- per month for the period January, 2009 to July, 2010. Therefore, it is clarified that if the complainant deposited the amount fixed by the District Forum, the same will be adjusted against the fresh bill and the complainant will pay and will continue to pay the legal dues. With this clarification, this appeal is dismissed. This matter was heard by the bench consisting of the President and the Member Mrs. Sumedha Tripathi. After the order was dictated with her consent, she informed that she would be absent for her treatment, and she is not sure when she will be available. Therefore this order is being pronounced and signed by the President, keeping in view the judgement of Hon’ble Kerala High Court dated 25.02.2013, passed in W.P. (C) No.30939 of 2010 (N) - P.K. Jose - vs - M. Aby & Ors and the order of Hon’ble National Commission in Revision Petition No. 4434 of 2014, in the matter of Mr. Netaji Surrendra Mohan Nayyar -vs- Citibank. Issue free copy of this order to all concerned for information and needful. Ranchi, Dated:- 23-09-2015 | |
