18-11-2014 -           Heard Mr. Amit Kumar, on the prayer for condoning the delay of 11 days in filing this appeal and on merits.

2.       He submitted that the delay has been explained properly in the petition.

 On merits he submitted that the complainant/respondent, in connivance with the private agency, engaged by the Board to take the meter reading, got very low meter reading recorded. An inspection was held on 14.11.2011 in which the load of the complainant was found as 3 KW against her sanctioned load of  1 KW. Therefore, he submitted that the Learned Lower Forum has passed the impugned order wrongly.

3.       The present complaint was filed by the complainant to the effect that a wrong bill for May, 2011 was issued showing consumption of 3836 units and demanding Rs. 6,785/- whereas her earlier consumption was very low but inspite of repeated representations and legal notice the bill was not corrected.

4.       According to the Electricity Board/ appellant, it gets meter reading done through a private agency. The consumption of electricity was shown very less in the bills of the complainant as 9 units, 7 units, 24 units, 0 units, 44 units in several months in connivance with the private agency. The private agency, to save his skin showed correct meter reading for May, 2011 showing consumption of 3,452 units. It was further alleged that if the complainant was aggrieved by such meter reading she could get the meter tested.

5.       Further according to the Electricity Board, on 14.11.2011 an inspection was made in which the load was found to be 3 KW in place of sanctioned load of 1 KW and it is alleged that the Complainant had put her signature on it.

6.       The Learned Lower Forum after hearing the parties and considering the materials brought on the record by them has held that the Electricity Board/ appellant could not prove it’s defence; even the purported report dated 14.11.2011 was neither produced nor marked as Exhibit; the connected load was shown as 1 KW in the bills and that in view of the past record of consumption, the consumption for May 2011 was apparently wrong.

          Learned Lower Forum directed the appellant to issue a corrected/ revised bill and pay Rs. 10,000/- to the complainant as compensation and Rs. 2000/- as litigation cost within 6 days, failing which interest @ 9% per annum will also be payable.

 7.      After hearing learned counsel for the appellant and going through the record placed before us, even if the delay of 11 days in filing this appeal is condoned, no grounds are made out for interference with the impugned order.

8.       It appears that the consumption of the Complainant as per the meter reading is very erratic. Her explanation was that she seldom resides at Deoghar. This statement was not denied or disputed by the appellant. Further even in the bills after Nov. 2011, the load is shown as 1 KW and not 3 KW as allegedly found in inspection dated 14.11.2011. Moreover, such report was not produced before learned Lower Forum, by the appellant, for the reasons best known to it. It is not the case of the appellant that the meter was defective, rather the case of the appellant is that the complainant in connivance with the private agency engaged by the appellant, for meter reading, got very low meter reading recorded. But there is nothing to show as to what actions were taken by the appellant if there was such connivance. The private agency is the agent of the appellant. Moreover, if the appellant suspected, that the meter was defective nothing prevented it from getting it tested. On the whole, we do not find any merit in this appeal.

9.         However, we think it proper to extend the time to comply with the operative portion of the impugned order to the following effect.

          The appellant is directed to issue a corrected bill to the complainant, within 30 days of this order, if not already issued. The appellant will pay Rs. 12,000/- to the complainant as directed by the District Forum, within 60 days of this order , failing which the appellant will  be liable to pay simple interest @ 9% per annum on the said amount from the date of this order till the date of payment/ realization.

Issue free copy of this order to all concerned for information and needful.

                Ranchi,

      Dated: 18.11.2014