Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.11.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to cancel/quash/set aside the bill for month April 2015.
- To direct the opposite parties to pay Rs. 30,000/- ( Rs. Thirty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 20,000/- ( Rs. Twenty Thousand only ) as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had electric connection in the premise situated at Abgilla, being consumer account no. DS – 275. The meter installed in the aforesaid premises was read by competent authority and the energy bill was issued on the basis of energy consumed and the bill was being paid regularly. It is further case of the complainant that from 1991 the meter reader did not visit the house of the complainant in order to read the meter but bill was issued on average consumption basis and later on energy bill were not issued and provided to the complainant. The complainant thereafter on 20.01.1995 submitted an application before the Junior Electrical Engineer Supply Division, Vikram stating all the aforementioned fact and requested to supply the electricity bill. The copy of the aforesaid application has been annexed as annexure – 1 and it has been asserted that the copy of the annexure – 1 was also given to opposite party no. 1. The complainant also repeatedly approached opposite party no. 2 i.e. the Executive Engineer, South Bihar Power Distribution Company Ltd, Bihta, Patna for redressal of his aforesaid grievance but he was informed that no any record is available in the office to show regarding the electricity connection of the complainant and hence the bill cannot be issued and provided to the complainant. However the complainant was advised to apply for new electric connection. The complainant as per advise of opposite party no. 2 submitted application for new connection and as such a new connection being consumer account no. BAP 2718 was issued. The photocopy/ true of the receipt and bill have been annexed as annexure – 2 and 3 with the complaint petition.
The complainant has further asserted that an energy bill issued to Om Prakash Sharma of Adalu village Naubatpur was served to the complainant and the complainant was directed to make the payment. The complainant immediately approached the opposite party no. 2 with a request to make enquiry of the entire matter or to send the bill to Prakash Sharma.
The opposite party no. 2 immediately mentioned Verma on the aforesaid bill after cutting Sharma and Abgilla village after cutting Adalu and directed the complainant to deposit Rs. 37,451/- failing which the opposite party no. 2 threatened the complainant to take coercive action against him. The photocopy of aforesaid bill has been annexed as annexure – 4.
From record it appears that when registered notice issued to opposite parties did not returned unserved then the Tamila was declared valid and thereafter even after allowing long adjournments the opposite parties did not appeared then this case was heard in ex – parte manner.
Heard the learned counsel for the complainant perused the record.
It appears from the averment of the complainant that despite filing of annexure – 1 no proper bill was given to him and when as per direction of opposite party no. 2, the complainant obtained new connection then a bill issued in the name of Om Prakash Shrma was given to the complainant after cutting the “SHARMA” and writing “VERMA” as will appear from annexure – 4.
It further transpires from annexure – 4 that after cutting “ADALU” “ABGILLA” has also been written with pen which makes the entire bill suspicious.
As there is no counter version we have no option but to accept the fact asserted by the complainant on oath. However this matter concerned with electric tariff hence we do not think proper to interfare directly.
However we direct the complainant to file detail representation stating the fact mentioned in this complaint petition with copy of annexure – 4 to opposite party no. 2 within the period of 15 days from the date of receipt of this order or certified copy of this order. If the aforesaid application is filed to opposite party no. 2 then opposite party no. 2 is directed to dispose the aforesaid application with reasoned order within the period of one month from the date of filing of aforesaid application.
The opposite party no. 2 may issue a fresh bill in the light of reason mentioned in the order which he will pass. It is made clear that opposite party no. 2, if fails in passing appropriate order referred above the opposite party no. 2 will have to pay Rs. 50/- per day till the final order is passed as per direction made by this Forum. Thus this complaint petition stands disposed off in the light of aforementioned direction.
Member President
