DATE OF FILING: 10.4.2013.
DATE OF DISPOSAL: 8.6.2016.
Miss S.L.Pattnaik, President:
Deficiency in electricity service against the opposite parties (in short ops) is the grievance of the complainant.
2. Briefly stated, the case of the complainant is that having been residing in his father Late Gopal Mishra’s house he is a consumer under the southco ltd. bearing consumer number – 342102100008/old consumer number – 12-E-21/1 as per his contention in this complaint. After the death of his father in the year 1998 electric consumption bills are being delivered to him which is stands in the name of his late father and he is paying the dues regularly relating to the said connection without any interruption from any point of time. But surprisingly, the complainant received provisional bills from June 2012 showing huge amount mentioning meter status as “L” (Which means House Locked) and “C” (Which means Meter Changed). The complainant has made written complaint to the op no. 2&3 vide complaint dated – 26/10/2012 to revise the bills but they shown deaf ear to the matter. So he preferred an application to public information officer Berhampur electrical division no – 2 through right to information act to ascertain the status of the complain for issuing him the erroneous provisional bills. In reply, the P.I.O, Berhampur Electrical Division no – II Supplied information to him. The complainant alleged that in contrast to the above stated reply the ops on dated – 19/03/2013 issued bill in the month of March by demanding a huge amount of rupees – 13,247/- (Rupees Thirteen Thousand Two Hundred Forty Seven ) only was without any basis. The complainant alleged that when he had been to opposite parties for payment of subsequent electric bills but the Opposite Parties refused to receive the payment of bill rather served a disconnected notice to his house for disconnection of the electric supply. The Complainant further submits that he is an advocate and due to this conduct of opposite parties, he is unable to perform his profession which caused mental agony, harassment and irreparable loss to him. Alleging deficiency in service on the part of opposite parties, the complainant filed this consumer case with restrain a prayer to the Opposite Parties to collect erroneous due amount and adjust such amount which he is ought to pay on a actual basis as well as to pay compensation of Rs.86,000/- towards mental agony, harassment and profession loss , Rs.10,000/- for litigation cost and any other relief as deemed fit and proper by the Forum in the best interest of justice. The complainant has also filed a petition U/S 13 (3B) of the Consumer Protection Act seeking an Interim direction from this Forum and the Forum vide its order dated 18.1.2016 directed the Opposite Parties to restore the power supply to the house of the complainant.
The complainant in support of his contention relies upon the following documents. :-
(a) Copies of the electricity bill for the month of July 2012 , September 2012, October 2012, November 2012 , January 2013, Feb 2013, March 2013, April 2013, May 2013 and June 2013 respectively.
(b)Xerox copy of complaint dated 26.10.2012 by the complainant to the O.P.No.2& 3 regarding supply of wrong bill..
© Xerox copy of RTI application for information U/S 6 (1) of the RTI Ac t, 2005 dated 17.11.2012 which is received by PIO of O.P.No.1 on 19.11.2012.
(d)Xerox copy of information under RTI vide letter No. 3779 dated 22.12.2012 received from office of O.P.No.1.
(e) Copy of FIR dated 17.7.2013.
(f) Copy of grievance to the Superintendent of Police, Berhampur with receipt of AD.
(g) Copy of notice vide L.No. 639 (3) dated 31.12.2013 of O.P.No.2.
(h) Copy of an acknowledgement of person on the relevant day of inspection i.e. 7.1.2014.
(i) Copies of money receipt for an amount of Rs.3,850/- an d Rs.150/-.
(j) Copy of disconnection notice dated 17.12.2015.
(k) Copies of electric bill from January 2016 to May 2016.
Notices were duly served on Opposite Parties and after notice being served the Opposite Parties entered their appearance on 26.8.2013 through his learned counsel and filed written version on dated 2.7.2014 denying the allegations made in the complaint.
The O.Ps in their version has submitted that the consumer number mentioned in the complaint petition is true. But the complainant is not regular in payment of electric charges of his house and it is also not true that to extract huge money from the complainant, the O.Ps served defective bills from the period June 2012 to February 2013. The O.Ps admitted that due to typographical mistake inadvertently “C” mentioned in the bill. But mentioning of “L” and OP raise bills during the same period on average basis as per act and regulation and due to the fact that, when the meter reader went to his house to record meter reading, the front door of the complainant was locked and the meter is installed inside the house. The complainant has not lodged a written complain dated 26.10.2012 before the O.P.No.2 & 3 for rectification of bills on actual consumption basis.
The O.Ps admitted that the claim of the alleged amount in the month of March 2013 is true. During the period from June 2012 to December 2012 bills were issued on average reading basis and his bills during that period have already revised.
The O.Ps further stated that they have been rectified bills of the said alleged period of the complainant. But when the complainant demanded for up to date revision of bills, the O.P. agreed to do after verification of his meter status and recording of the up-to-date status. As per direction of the Hon’ble Consumer Forum the O.P. inspected the meter of the complainant on dated 26.2.2014 and found that the meter did not display reading and it was in defective condition. So the O.P. advised him to supply a new tested meter for installation and for revision of his bills. But he has not supplied any new tested meter/installation. The complainant did not pay anything towards electric consumption charges since July 2013 and remained silent. So he is entitled to pay the arrear amount as per bill consumption for the entire unpaid period and not entitled for any relief.
The complainant has neither made any complaint to the President G.R.F. against any defect or deficiency in service by O.Ps in violation of regulation nor given any complaint to the Executive Engineer, BED No.II , Berhampur. The allegation of the complainant is false, frivolous and concocted. Therefore the O.P. prayed for dismissal of the complaint with cost.
The Opposite Parties filed following documents for his defense in his case.
(A) Letter No. 63 (3) dated 30.1.2014
(B) Letter No. 639 (3) dated 31.12.2013.
© Energy meter inspection and load census report dated 26.2.2014 from the office of the Executive Engineer (Electrical) BED-II Berhampur.
On the dates of hearing we heard argument from both sides at length. We have gone through the complaint petition, version, written argument and documents available in the record.
It is not disputed that the complainant is a consumer of Opposite Parties vide Consumer No. 342102100008/Old consumer No. 12E21/1. It is the sole allegation of the complainant is that the bills received from the Opposite Parties are mischievous bills showing huge amounts. On the other hand the Opposite Parties claims that the complainant is not regular in payment of electric charges. We perused the electric bill for the month of March issued to the complainant by O.Ps on dated 19.3.2013 where we found the O.P. charges Rs.13,247/- to which the complainant alleges that consumption of electric charges are not calculated on the basis of actual consumption basis since July 2012. To this allegation of the complainant the O.P. at para 4 of their written version admitted as follows. However, regarding rest of the assertions made therein, the claim of the alleged amount in the month of March 2013 is true. It may be submitted that during the period June 2012 to December 2012 bills were issued on average reading basis and his bills during that period are needs to be rectified, taking into consideration his actual meter reading during those time. At para 4 also the O.Ps submitted that the bills during that period have been already revised But regarding this the O.Ps have not filed any scrap of paper to prove that they have rectified the bills since 2012 so we become clear that the request of the complainant to the O.Ps for revision of electricity bill had not been taken into consideration by the O.Ps.
Further through reply the PIO, Berhampur, Electrical Divn. No.II stated that the consumer No. 12E 21/1 stands in the name of Sri Gopal Mishra is the complainant is residing in his father late Gopal Mishra’s house and the electrical connection is in the name of his late father bearing No. 342102100008/ Old consumer No. 12E 21/1 and the complainant is regular in payment of electric charges of the said connection. The complainant alleged that (in his amended petition filed on 26.8.2013) from June 2012 to February 2013 the O.Ps served defective bills to extract huge amount of money from him mentioning as provisional bill, meter status as “L” and “C” which means house locked and meter changed which is not true. For the mischievous act of the O.Ps he lodged a written complaint on 26.10.2012 before the O.P.No.2 & 3 i.e. the Sub-Divisional Officer and the Junior Manager, Berhampur for rectification of bills on actual consumption basis but the O.Ps did not respond to it. So he applied through RTI to ascertain the status of the complain for issuing the erroneous provisional bills. The P.I.O. Berhampur Electrical Division No.II in his reply stated that (i) the Consumer No. 342102100008/old Consumer No. 12E 21/1 stands in the name of Sri Gopal Mishra. (ii) The bill of the consumer has been issued on actual consumption basis till the month of May 2012. (iii) On dated 5.7.2012 Sri Sibaram Rath bearing Consumer No. 342102010008 had applied for meter change (meter No. 021946) at the office of the Berhampur electrical Division No.II. (iv) The meter was physically changed at the permission of Sri Sibaram Rath bearing consumer No. 342102010008 but inadvertently meter number has been reflected against Sri Gopal Mishra bearing consumer No. 342102100008 on provisional basis. (v) Due to the above mistake bills are being issued to Sri Gopal Mishra on provisional basis. (vi) The mistake has been rectified in the bills of the consumer Sri Gopal Mishra will be served his bill on actual basis.
From this it is also further clear that O.Ps have caused the service of such electric bills demanding huge amount without calculating on actual consumption basis.
We perused regarding the copy of the energy meter inspection and load sensu report filed by the O.Ps, the O.Ps submitted that as per the direction of the Forum, the meter of the complainant was inspected on 26.2.2014 and it was noticed that the meter does not display any reading and is in defective condition. So he has been advised to supply a new tested meter to install the same and for revise of his bills basing on 3 months average reading of new meter. To this allegation the complainant submitted that the O.P.No 2 alongwith his field staff broken down the electrical meter of the complainant. On dated 17/07/2013 at about 11.00 O clock O.P.No.2 forcibly entering in to the house of the complainant to shift their burden of wrongful act upon the shoulder of the complainant. That meter is being purchased by the complainant. Legally they have to compensate for such a wrongful act. It is their duty to compensate by replacing a new tested meter. We also perused the disconnection notice issued by the O.Ps to the complainant received by him on 17.12.2015 during the pendency of the proceeding is also a clear violation of law. We perused the receipt No. 100576 dated 27.9.2013 towards payment of Rs.1744/- and receipt No. AJ 596749 and AJ596748 towards deposit of electric charges for Rs.4000/- before the O.Ps.
From the above facts and circumstances it is clear that such above conduct of the O.Ps as to imposition of huge amount without following any rules and regulation is clearly a monopoly trade practice and amounts to deficiency in service against the complainant. Hence order.
O R D E R
(a) The case of the complainant is allowed and the O.Ps are directed who are jointly and severally liable to provide and install a new tested defect free meter to the house of the complainant free of cost.
(b) Further the O.Ps are directed to provide a fresh revised bill on domestic tariff as per correct meter reading to the complainant on actual consumption basis with effect from June 2012 to till date by deducting the amount already paid by the complainant and submitted to the complainant within two months of receipt of this order
( C )After receiving the revised bill from the O.Ps, the complainant has to pay the arrear amount as per the present revised bill received from O.Ps within a period of three months in 3 installments.
In the result the Opposite Parties are directed to carry out the above order within two months from the date of receipt of this order failing which the complainant is at liberty to proceed against the O.Ps as per C.P. Act . Under the facts and circumstances of the case the Forum is not inclined to allow any other compensation and cost in favour of the complainant as claimed. The complaint case is allowed and disposed of accordingly.
Order is pronounced in the open Forum today on 8th June 2016.
Copies of the order be supplied to the parties free of cost.
