Hon’ble Mr. Ajeya Matilal, Presiding Member
Ld. Advocates for both sides are present.
Heard all concerned. Considered.
Being aggrieved by and dissatisfied with the Judgment dated 30.03.2023, passed by the Ld. DCDRC, Purba Medinipur allowing the Complaint Case No.CC/56/2022, the Appellant /OP prefers this Appeal.
It appears from the impugned Judgment the Ld. Forum Below framed following points:-
- Is the case maintainable in its present Forum and in Law?
- Is the Complainant entitled to relief(s) as prayed for?
The Ld. Forum Below in the concluding portion of the Judgment observed,
“On scanning and evaluation of the evidence, it appears that the Complainant has alleged on oath that the Complainant is a poor farmer and maintains himself as well as his family by cultivation with Meter No.-YX014551 of Consumer ID-201198517, Business Partner-15733111, Installation NO.-17693900 which is only source of earning of the Complainant. The Complainant paid the amount of Rs.311/- only for the Bill Month of February, 2022 within due date of 28.02.2022 at cash counter of the O.P. NO.-3.The bill dated on 16.02.2022 of Bill Month of February, 2022 bearing Meter NO.-YX014551 shows previous Reading 9196 and Present Reading 9196 and Unit Consumed 0.00 with outstanding amount Rs.0.00. But in the billing date of 07.03.2022 of Bill Month of March, 2022 bearing Meter NO.-YX014551 shows previous reading 9196 and present reading 10024 and Unit Consumed 828 with the amount of Rs.7057/- within due date 17.03.2022 with a passing comment Meter YX014551 seems defective and above reading on estimated basis. The Complainant after getting the Bill Month of March, 2022 submitted three Complaints of dated 21.03.2022 to O.Ps NO.-1, 2 and 3 praying to consider the amount of Rs.7057/- though the Meter YX014551 is seemed to be defective and stopped from Bill Month February, 2022 and the said Bill amount of Rs.7057/- is erroneous, Chimerical and illusive. The said evidence of the Complainant has remained unchallenged. It appears from the unchallenged testimony that the OP has not taken any step for rectifying the defect of the meter or changing the apparent defect meter despite their due knowledge causing harassment and mental agony to the Complainant. The onus to prove that Complainant had consumed the units as shown on the disputed bill lay upon the OP who failed to prove that Complainant had consumed such units – the OP has not produced report of any expert to ascertain that Complainant had consumed said electricity units for the periods. The OP has issued disputed bill on basis of presumption and not as per actual consumption. Demand of the OP on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service. The OP requires to be directed to rectify the Bill for the month of March, 2022 for an amount of Rs.7056/- according to average of meter reading of preceding 6 months from date of disputed bill in respect of Meter No.-YX014551 and to receive consumption charges without imposing any surcharge and penalty. In case of any amount out of demanded amount was deposited by Complainant, same also be refunded or adjusted in account of Complainant. In addition to that Rs.2,000/- to be awarded towards mental agony and harassment and Rs.2,000/- to be awarded for litigation expenses of the Complainant.
Both the points are decided accordingly.
Thus, the Complaint Case succeeds in part.
Hence, it is
ORDERED
That the CC/56/2022 be and the same is allowed in part ex-parte against the OP.
The OP is hereby directed to rectify the Bill for the month of March, 2022 for an amount of Rs.7,056/- according to average of meter reading of preceding 6 months from date of disputed bill in respect of Meter No.YX014551 and to receive consumption charges without imposing any surcharge and penalty. In case of any amount out of demanded amount was deposited by Complainant, same also be refunded or adjusted in the account of Complainant. In addition to that Rs.2,000/- is awarded towards mental agony and harassment and Rs.2,000/- is awarded for litigation expenses of the Complainant.
Alternatively, the OP may settle the disputes with the Complainant by asking the Complainant to pay the 60% of the disputed bill amount after deduction of the surcharge and penalty in consultation with the Superior Officer.
The OP is further directed to change the defective meter with a New Meter and to restore the electric connection if disconnected in the event of any occasion arose out the cause of action of the instant case.
The OP will comply the above directions within 30 days from the date of this order; in default the OP will be liable to pay Rs.100/- per day to the Complainant till full compliance of the Order.
The Complainant will be at liberty to put the order into execution if requires.
Let a copy of Judgment be supplied to each of the Complainants and the OP free of cost.”
The main grievance of the Appellant is that he did not get any opportunity to contest the case before the Forum Below.
In reply the Ld. Advocate for the Respondent submitted that after receiving the notice the Appellant/OP appeared before the Commission Below, but he did not file any written version and he further submitted the period of filing written version was over.
Ld. Advocate for the appellant submits that the matter relates to billing disputes and as per the provision of Indian Electricity Act, the matter requires to be adjudicated by CGRO/GRO, as the case may be.
It appears from the submission of the Ld. Advocates for both sides that new electric meter had been installed during the pendency of the Complaint Case.
At this stage, we have perused the BNA of the Respondent/Complainant.
However, it appears that the OP did not contest the case before the Ld. Forum Below and he did not file any written version etc.
So, we are of the view a liberty should be given the Appellant/OP to contest the case before the Forum Below.
In view of the above observation, the Appeal No. A/411/2023 is allowed on contest, but without costs. The impugned Judgment is set aside.
The parties are directed to appear before the Ld. DCDRC, Purba Medinipur on 26.06.2024 before the Forum Below.
The Appellant shall pay half of the disputed bill i.e. half of Rs.13,563/- on the date of appearance and the Ld. Forum Below is requested to dispose of the case within 60 days from the date of appearance of the parties after giving the opportunity to all parties of being heard including cross-examination by OP, filing evidence on affidavit by the OP and cross-examination by the Respondent/Complainant without giving any unnecessary adjournment to either of the parties without being influenced by any observation made by this Commission.
On such payment the electric connection be restored by the Appellant in favour of the Respondent.
Let a copy of this Judgment be sent to the Forum Below and copies of the Judgment be supplied to all parties free of costs.
