SRI JIBAN KRUSHNA BEHERA, MEMBER (I/C)
The complainant has filed this complaint petition, U/s.35 of the Consumer Protection Act, 2019 (here-in- after called as the “Act”) alleging deficiency-in-service against the Opposite Parties.
2. The case of the complainant, in short, is that the complainant is a senior citizen and suffering from cancer, a domestic consumer under the Ops bearing old A/c No.3231/9000317 having 2.00 KW contract load since 27.2.2017. It is stated by the complainant that he has been paying the energy dues regularly. But in the Bill for the month of August, 2019 an arrear of Rs.3690/- was shown to have been outstanding against him. The Ops have collected Rs.1,366/- from the complainant on 5.9.2019 and a sum of Rs.1,000/- also collected on 3.9.2020 without issuing any receipts. The Ops have issued energy bill from 26.7.2022 to 10.8.2022 showing current amount of Rs.650.27 paisa and arrear of Rs.43,505.69 paisa. The Ops have not issued with any energy bill from the year 2019 to June, 2022 and all on a sudden such a huge amount showing as arrear is quite illegal. Further, the Ops have denied to receive the current electric bill amount unless payment of arrear amount for which he paid the current amount through online and threatened to disconnect the powers supply to his premises.
The cause of action arose for filing of this case on 10.8.2022, when the Ops sent the disputed bill dated 10.8.2022 and when threatened to disconnect the power supply on 12.8.2022. Hence, this case.
To substantiate his case, the complainant has relied on the following documents which are placed in the case record.
- Photocopy of Medical papers.
- Photocopy of New connection report.
- Photocopy of Bill for 2/17 and its payment receipt.
- Photocopy of Bill for 4/17, 5/17, 6/17, 12/17 & its payment receipts.
- Photocopy of Bill for 1/18, 2/18, 11/18 & its payment receipts.
- Photocopy of Bill for 4/19, 8/19 & its payment receipts.
- Photocopy of Payment receipts for 3.9.20 & 5.9.20.
- Photocopy of Electric Bill dated 10.8.2022.
- Photocopy of online payment for the bill dated 10.8.2022.
3. In the present case, Ops made their appearance and filed their joint version denying the averments made in the complaint. They have also challenged as to the maintainability of the case. In their version, they have stated, inter alia, that in the month of June, 2022, on inspection by the verification squad, it was detected that the reading in the energy meter of the consumer was 10911 units and the meter was found in order during the period from September, 2019 to June, 2022, but 8901 units was billed for the aforesaid periods. Therefore, bill was revised and accordingly, an arrear of Rs.43,506/- was shown to have been outstanding against the complainant deducting the payments already made. The complainant, with an oblique motive, in connivance with the meter reader takes erroneous reading to show less consumption of energy and paid less amount. Thus, the Ops have not committed any deficiency in service in their above acts. Hence, it is prayed to dismiss the case with cost. To substantiate their case, Ops have filed the revision energy bill from February, 2017 to September, 2022, which has been marked as Annexure-A.
4. In view of the above pleading of both the parties, the points for determination in this case are as follows:-
(i) Whether the complainant is a consumer or not?
(ii) Whether the complainant has cause of action to file this case?
(iii) Whether this consumer case is maintainable?
(iv) Whether there is any deficiency in service on the part of the OPs?
(v) Whether the complainant is entitled to get the relief, as sought for?
(vi) To what other relief(s), the Complainant is entitled to?
F I N D I N G S
5. In the above peculiar facts and circumstances of the case, before delve into the merits of the case, first of all, it is to be decided as to whether the case is maintainable or not.
6. On perusal of the pleadings of both the parties as well as the documents placed on their behalf, the main crux of the case is that the complainant raised his claim with regard to the demand of excess amount by the Ops in their Bill dated 10.8.2022 vide Annexure-8. From the statement of bills submitted by the Ops, it is found that the complainant had regularly paid monthly energy charges. On the other hand, the Ops claimed that in course of their inspection and verification in the month of June, 2022, it was detected that the complainant had availing power supply to the tune of 10911 units, but 8901 units has been calculated in the energy bills supplied to the complainant up to June, 2022 from September, 2019 vide Annexure-A. Therefore, they have revised the energy bills with reference to the revision of units from September, 2019 to June, 2022 and a sum of Rs.43,506/- has been assessed. In the above premises, the Ops have not filed a single document to show that the energy bill for the aforestated period has not been prepared by their Department, rather, it has been created by the complainant. They have engaged meter readers for the smooth function of their machinery and their duty, as we see now-a-days, to move the premises of the consumers to take reading of the units from the meter and on that basis they used to feed data on the machine which they handle and handed over the bills to the customers. In that event, it is the duty of the meter reader to verify the actual units shown in the meter and to supply the correct information to the machine meant for the bills properly and thereafter supply the print out copy of the bill to the customers. In the above process, the customers have no role to play. In case said meter reader committed any mischief either decreasing the units or increasing the units in the energy bills, then also the consumer has no knowledge about it. Supply of energy bills either through the meter reader or otherwise itself presumed that it is the responsibility of the Energy Department and the consumers have no scope to increase or decrease the units in the energy bills supplied by the respective department. The Ops have failed to prove that the meter reader, who was engaged to collect correct information from the meter and provide energy bill to the complainant, is a near relation to the complainant. Moreover, the mischief committed by the Meter Reader amounts to commission of mischief by the OPs. Further, from the energy bills supplied by the complainant so also from the documents produced on behalf of the Ops, it is clearly made out that mischief was committed by the Meter Reader. In this regard, the Ops have not explained under what circumstances they remained silent over the matter for a pretty long period. Further, it is seen from the Annexure-7 that the Ops have received energy charges from the complainant on 3.9.2020 Rs.1000/- and on 5.9.2020 Rs.1366/-, but the said amount has not been adjusted in the bill for the said months, as shown in the revision bills filed by the Ops vide Annexure-A. That apart, the Ops have admitted in their version that the errant Meter Reader has already been removed from the assignment that has been entrusted to him, which otherwise proved itself that the complainant had no malafide intention nor he had any connection with the so called Meter Reader, rather, a smell of mischief is coming out from the side of the Ops. Further, the Ops have not taken the stand that the meter installed in the consumer’s premises was not accessible and meter reading could not be taken, so the bills were raised provisionally on the basis of consumption last recorded subject to subsequent revision on the basis of actual meter reading. But in the present case, it is seen that the energy bills in respect of the complainant is revised from the date of new connection (vide Annexure-2) i.e. from the month of February, 2017 vide Annexure-A. As per Section 172(1) of the OERC Distribution (Conditions of Supply) Code, 2019, no sum due from any consumer, under this section shall be recoverable after a period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee/supplier shall not cut off the supply of the electricity for non-payment of such sum which has become non-recoverable. In the present case, the Ops have demanded arrear electricity dues from February, 2017 to June, 2022 which is more than two years.
7. It is submitted by the learned counsel for the Ops that the complainant claimed that he has not been issued with the energy bill for a particular period, but as per Section 151(xi) of OERC Distribution (Conditions of Supply) Code, 2019, the consumer has to approach the engineer and collect a duplicate bill in case for any reason he does not receive the bill for the billing cycle within two weeks of the end of the billing cycle and he may make payment as per last month’s bill or higher in absence of such bill. May it be a Rule, but how can an illiterate and rustic villager understand its purpose. In this regard, the Ops have not appraised the Commission that they have been widely aware the consumers under them about the Rules and Regulations which they can avail at the time of their need.
8. Therefore, considering the above discussions made in the foregoing paragraphs, it is held that the case is maintainable and the complainant has cause of action to file the case. Further, it is held that the revision of the energy bill for the aforestated period and demanding of Rs.43,505/- as arrear by the Ops is not proper and thus, it is illegal. Consequently, the complainant is not binding on the aforesaid arrear as shown in the Statement of Revision Bills vide Annexure-A.
Hence, it is ordered -
O R D E R
The case of the complainant be and the same is allowed in part on contest against the Ops. The arrear amount Rs.43,505/- shown in the electricity bill dated 10.08.2022 is hereby declared as illegal and the complainant is not binding on the said amount. The Ops are directed not to disconnect the power supply to the premises of the complainant and to issue/ receive the energy bills regularly. No order as to costs.
Pronounced in the open court of this Commission, this the 1st day of October, 2024 under my signature & seal of the Commission.
