Ld. Counsel for Complainant files hazira. O.Ps files set-aside petition along with W/V. Copy served with objection. During course of hearing Ld. Counsel for Complainant withdrew his objections and hence the set-aside petition filed by the O.Ps is taken up for hearing and being satisfied with the grounds mentioned in the said set-aside petition it is allowed and written version submitted by the O.Ps is accepted. Since the Ld. Counsel for Complainant Mr. Madan Mohan Panda pressed heard for hearing of the case to which O.Ps side puts his no objection. The case is taken up for hearing.
On being heard the parties and upon perusal of materials available on record it is noticed that the Complainant has preferred the instant complaint against the O.Ps with the allegations that the O.P-Company submitting Energy bills on the average basis since last 5 years without taking any meter readings and though the Complainant-Consumer approaching orally and though legal notice dated 11.04.2014 but O.Ps paid a deaf ear to same and in the manner the O.P-Company gone for receiving much more amounts towards energy charges within 5 years. Such illegal acts & omissions put to the Complainant into harassments & financial loss which compelled him to prefer instant complaint with directions to O.Ps for correction of impugned bills as per meter readings and to pay a sum of Rs.50,000/- towards compensation. The O.Ps made their appearance into the case with their common show cause where in they stated inter-alia that Complainant a PLI Consumer having connected Load of 4 K.W and Consumer No.B.N-52002 under Saragaon Section. A new meter installed on 04.05.2011 which was burnt within 2 ½ years. The power supply has been disconnected during March 2014 due to non-payment of Energy Bill when the arrear outstanding was for Rs.12,938/-. Billing has been made provisionally 432 units which may be 3 ½ hours per day which is genuine for a PLI Consumer. The power supply has been disconnected as per clause-100 of OERC Code 2004 as Complainant was a continued defaulter. That apart Complainant has to execute the fresh Agreement as per departmental formalities with compliance of clause 101 of OERC Code-2004, in paying total arrear dues. Finally the installed meter in the Consumer premises is not accessible for which Bills needs to be raised provisionally on the basis of actual meter readings and that since the complaint being a misconceived one and devoid of merit needs dismissal.
After going through the records of the case carefully we are convinced that the Complainant is a bonafide Consumer of Electricity having his Consumer Number BN-52002 under the O.P-Company. The main complaint of the Complainant against the O.P-Complainant is that the energy bills against the case line were being served on average basis to Complainant-Consumer since last more than 5 years on presumption and on the other hand the plea of the O.Ps is that as to period of submission of energy bills against the case line on average basis since January 2009 on words as last meter bearing Sl. No.22000010 was burnt during 2009 and hence, there is no such discrepancy as to period of serving Energy bills by the O.P-Company to the Complainant on average basis since last January 2009 till filing of the instant complaint i.e. 11.06.2014 and in the manner the period of average bills comes to more than 5 years & 5 months to come. Dragging of average bills for more than 5 years to come without replacement of burnt meter with a new one is certainly outside the period of the provisions of Electricity Act & OERC Code 2004 and it itself amounts to deficiency-in-service and/or unfair trade practice on the part of the O.P-Company which needs to be rectified by necessary correction of Energy bills for the disputed period i.e. from January 2009 till fixation of new meter in the case premises and during the process since the Complainant undergone mental tension and financial loss also needs to be compensated by O.Ps.
O R D E R
Having all regards to judgment reflected above the complaint bears merit and hence, it is directed that the O.P-Company shall go for correction of arrear bills which were calculated on the average basis since last 5 years illegally going beyond the provisions of Electrical Act and shall go for correction of said disputed arrear bills taking average consumption of last three bills prior to imposition of disputed bill amounts on average basis and in the manner excess bill amounts so far collected by the O.P-Company needs to be refunded by O.P-Company to Complainant along with a sum of compensation for a sum of Rs.20,000/- and to disconnect the power supply to case L.I Point with refund of security deposit to Complainant-Consumer.
Accordingly, complaint is allowed.
On the facts and in the circumstances of the case parties are advised to bear their own cost of litigations.
Pronounced in the open Court this the 27th day of August 2014 given under my signature and seal of this Forum.
