SRI JIBAN BALLAV DAS,PRESIDENT:-
The brief fact of the case of the complainant is that the complainant is a consumer of electricity bearing Account No.01485765 since the year 1982. Due to non-payment of electrical dues amounting to Rs.2850/- the power supply to the house of the complainant was disconnected in the year 1982. Due to his financial problem the complainant was unable to pay the electricity dues for which power supply remained disconnected for a long period to his house. Power supply was restored to the house of the complainant in the year 2016 after payment of Rs.12,000/-. The contention of the complainant is that even though there was no electricity connection, the Ops charged electrical bills during the period of disconnection. In this connection, the complainant approached the Ops on several occasion but no action was taken by the Ops. The complainant filed the electricity bills, payment of receipt etc.
On the otherhand the Ops filed load factor bills from 04/1999 to 06/2012 and no bills from 07/2012 to 07/2016. The OP denied to revise the load factor bills from 04/1000 to 03/2004 on the ground that load factor bills prior to 03/2004 needs no revision as per clause 60(3)(b) of Regulation 1998. However, the OP files a revised statement for the load factor bill from 04/2004 to 06/2012. The revised statement shows that load factor bills from 04/2004 to 06/2012 have been revised considering average consumptions from 08/2010 to 10/2016 @ 42 units per month. However, the revised statement shows that it was prepared taking into consideration the average consumption from 8/16 to 10/16 42 units per month. After revision an amount of Rs.40,376.52 was proposed to be withdrawn from the account of the complainant. According to the OP there was outstanding of Rs.15,033.96 till April,2016 after revision and withdrawn of Rs.67,423/-. The OP further contended that the complainant is not regularly paying the monthly dues of electricity bill, filed the false case against the OP only with the intention to harass the OP. The OP lastly submitted that the petition filed by the complainant before the Forum is not maintainable as he has suppressed material facts and has not come to this Forum with clean hand.
2 On the otherhand, the Ops entered appearance and filed written version challenging the maintainability of the complaint petition. According to the Ops they have admitted that an amount of Rs.67,423/- have been withdrawn out of the calculated amount and now the complainant is to pay Rs.15,033.96 as outstanding dues mentioned in para-8 of the written version of the Ops. If the complainant’s statement is correct that after payment of Rs.12,000/- his power supply was restored in the year 2016 as stated in the judgment of Grievance Redressal Forum, CESU, Paradeep dtd.30.03.2018, the OP is to adjust Rs.12,000/- from the total outstanding amount and serve the notice on the complainant after proper calculation of the outstanding amount and the complainant shall pay the remaining amount to the OP and regularize the arrear demand made by the OP since the OP has already restored the power supply to the house of the complainant, no specific direction is required in this connection.
4. So, the point to be decided whether the complainant-consumer is entitled to any relief or not?
5. Heard extensively from both the sides at length in the matter. Perused the materials on record. The complainant is no doubt a consumer of Electricity Deptt. and regularly paying the monthly energy bills. On the otherhand, the OP supplied erroneous electricity bills to the complainant which was not paid by him for which the electricity connection was disrupted for a certain period. It is further contended that time and again the complainant paid the electricity dues to the OP which was not at all finalized by the OP. Further, the OP shall revise the details of the bills and consider the average consumption taking into consideration the disputed period. The complainant further filed the intimation by the OP for disconnection of power supply wherein it is mentioned that an amount of Rs.82,293/- upto January,2018 is outstanding against the complainant. The complainant filed Xerox copy of the bill statement till Dec.,2019 amounting to Rs.3914/- as outstanding.
6. Taking into consideration, these documents filed today by the complainant, without service of copy to the other side it would be just and proper on the part of the OP to calculate the details of the outstanding within a period of one month hence and to serve the same on the complainant after which the complainant shall submit the electricity charges which includes the arrear. Hence, it is ordered:-
The matter is disposed of contest. The OP shall submit a fresh bill of the outstanding electricity dues to the complainant after deduction of Rs.12,000/- paid by the complainant to the OP in the year 2016 and the complainant shall complete arrear payment within a period of one month from the submission of electricity bill by the OP.
Accordingly, the complaint petition is disposed of without any cost.
Pronounced in the open Court, this the 12th day of February,2020.
