Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 29.02.2016

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite parties to refund/adjust the excessive charges levied from the complainant along with interest @ 24% from the date of payment till its realization.
2. To pay Rs. 50,000/- ( Rs. Fifty thousand only ) as compensation.
3. To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.

2. Brief facts of the case which led to the filing of complaint are as follows:-

It has been asserted by the complainant that he is consumer of opposite parties and using domestic meter. It has been further asserted that on 16.09.2013 he got an electric bill of Rs. 884/-, which amount he had paid on 30.07.2013 within time limit vide annexure – 1.

The grievance of the complainant is that on 07.08.2013 he again got a bill of Rs. 21,096/- which includes the arrear bill of Rs. 884/- i.e. the amount he had already paid vide annexure – 1. The copy of the bill dated 30.07.2013 has been annexed as annexure – 2. The complainant has also stated that on 15.08.2013 he approached the opposite parties for rechecking  and correction of his bill but his grievance was not redressed and he was harassed by opposite parties and thereafter instead of adjusting some amount the opposite parties increased his bill by Rs. 1,049/- and Rs. 2,77,045/-. The complainant again was served with a bill of Rs. 32,012/- on 13.10.2013 and thereafter vide annexure – 4, the complainant any how deposited the bill of Rs. 14,000/-. However, he again was served with a bill of Rs. 22,790/- vide annexure – 6 which also includes the payment made by the complainant.

The complainant thereafter approached the opposite parties on 16.12.2013 but they refused to redressed his grievance.

It has been further stated that his meter was burnt accidentally but despite his several request to opposite parties no steps were taken by opposite parties with regard to change of burnt meter till the  filing of this case.

From perusal of judicial record it appears that vide order dated 22.01.2014 pre admission notice was issued and thereafter one Raju Kumar Junior Account Officer appeared who took time for written statement but he did not filed written statement despite taking time for that.

However Raju Kumar Junior Account Assistant filed a copy of letter no. 1092 dated 25.06.2014 issued by Assistant Electrical Engineer revenue, in which it has been stated that on 07.10.2013 his meter was inspected and the reading was 6466 Kwh.

In this letter it has been further stated that scrutiny of the bill of July 2013 is being done and as per rule the amount may by adjusted.

On behalf of Ratanjit Singh revenue Officer Electricity and supply, Patna rural on affidavit has been filed. In Para – 2 of the aforesaid affidavit the following facts have been mentioned “ That applicant’s plea for bill correction for the month of July 2013 was rejected as it was found that the bill for the same month was correct and M.M.C. was already adjusted by system according to the tariff ”.

No rejoinder has been filed to aforesaid fact stated by the complainant.

However we are informed by learned counsel for the complainant that during pendency of this case the electric connection of the complainant has been disconnected.

It is needless to say that except the letter and affidavit no formal written statement of the opposite parties have been filed despite full knowledge of the case and allowing sufficient time for that.

In view of the claim and counter claim asserted by the parties in the forgoing paragraphs and in absence of rejoinder to the fact mentioned in the affidavit and in absence of any written statement filed by the opposite parties despite allowing time for that, we are unable to decide about the claim and counter claim of the respective parties.

However the detail of investigation as well as amount which has been adjusted after investigation and scrutiny has not been brought on the record.

For the discussion made above we think it proper to dispose the case with following direction.

The complainant shall file a representation to opposite party no. 3 ( Revenue Executive Engineer, Phulwarisharif Electric Supply Division, Patna ) with certified copy of this order within the period of one month from the date of receipt of this order. If such application is received by opposite party no. 3, then he will pass appropriate order with full reason after details of scrutiny of the bill and issue appropriate bill to the complainant within the period of one period month after receipt of the aforesaid representation of the complainant.

After the receiving the aforesaid bill the complainant will deposit 50% of the aforesaid amount contained in the bill after scrutiny of opposite party no. 3 and after deposit of aforesaid amount the opposite parties are directed to restore the electrical connection of the complainant. The complainant before paying rest 50% amount may raise any objection before the opposite party no. 3 by filing appropriate representation giving reason for the aforesaid objection of the bill and then opposite party no. 3 will pass appropriate order with full reason on the aforesaid objection petition and serve its copy to the complainant and then the complainant will take steps regarding the payment of rest bill in accordance with law within the period of one months from the date of service of the fresh bill by opposite party no. 3 after scrutiny.

Accordingly, this complaint petition is disposed off in the terms indicated above.

                                        Member                                                                   President