Date of Filing-17.10.2012
Date of Disposal-20.2.2014
O R D E R
Miss S.L.Pattnaik,President
Deficiency in service on the part of the Opposite Parties is the grievance of the complainant. The complainant alleges that she is residing in Qr.No.132,LIG,Stage-I,N.K.Nagar, P.O.Berhampur, Dist-Ganjam and she is the consumer under the Opposite Parties vide Consumer No.342202140353 for consumption of electricity at his above residence which is a domestic line. She further alleges that inflated bills are being raised by the Opposite Parties due to defective in meter installed by the Opposite Parties. So the complainant time and again approached for installation of a anew meter or rectification of the bills. In March,2012 the Officers of the Opposite Parties visited to her premises and assured her to replace the meter, but to no effect. By the way the Opposite Parties disconnected the electric line and on her application, the connection was restored. But
neither meter was replaced nor bills were rectified. Hence, being aggrieved the complainant has filed this case with a prayer for replacement of the meter and not to collect the mischievous amount rendered against him without any connection of meter bills and to pay compensation of Rs.50,000/- for the loss, damage, harassment caused to her due to negligence and deficiency in service of the Opposite Parties.
2- The Opposite Parties entered their appearance through learned counsel and filed the written version jointly wherein it has resisted all the allegations of the complainant. The Opposite Parties have submitted that the complainant is a defaulter in payment of energy bills in time. The complainant has not paid energy bill from August,2009 to February,2012 after regular approaches. However, on 29.3.2012 she only deposited Rs.15,000/- vide M.R.No.295434/11478 dated 29.3.2012 towards part payment and avoided to pay the rest amount. Regarding meter, it is clarified that the meter is working properly and in well condition. However, on receipt of correctness of the meter, the Opposite Parties in order to test and establish its correctness, on 17.10.2012 installed another correct parallel meter at her premises and recorded consumption of both the meters. On 26.10.2012 in presence of the complainant, the O.P.No.1 inspected both the meters and on comparison of consumption, both meter readings are found one and the same i.e. 104 units. Accordingly,O.P.No.1 reported the matter to O.P.No.2 vide letter No.297 dt.26.10.2012 and a copy of the said letter was also served to the complainant to which she endorsed personally. It is also denied that at no point of time the power supply of the complainant was disconnected and no reconnection fee is deposited by the complainant as alleged. However, it is contended by the Opposite Parties that as on June,2013 there is an outstanding of Rs.1,01,269/- (Rupees one lakh one thousand two hundred sixty nine) on the complainant which she is liable to pay to the Opposite Parties. It is submitted that the complainant has not come with clean hand and there is every latches on the part of the complainant. The complainant in order to avert legitimate dues of the Opposite Parties has come up with the frivolous and vexatious complaint which is liable to be dismissed with cost. In support of their case, the Opposite Parties have filed certain documents which are placed on record.
3- We have gone through the case, perused the documents filed on record and written notes of arguments filed by both the parties. It is not disputed that the complainant is a consumer under the Opposite Parties for consumption of electric at her residence at House No.132,LIG Stage-I at Nilakantha Nagar, Berhampur. It is the sole allegation of the complainant that the meter installed by Opposite Parties is defective one for which she receives inflated bills. On the other hand, the Opposite Parties claims that the complainant is a defaulter in payment of electricity dues from August,2009. In order to avoid disconnection, she deposited part payment of Rs.15,000/- only on 29.3.2012. However, the Opp.Parties submitted that on receipt of complaint of defective in meter, they installed another correct parallel meter at her house premises and recorded the consumption of both the meters as 104 units. From the above averments of the complainant and the documentary evidences relied upon, we find that it is corrected that the complainant has not paid bill amount regularly but the bill and consumer assessment abstract reflected improper arrear of dues and wrong insertion of some dues therein. So in the interest of justice, however, we hold that the Opposite Parties are to install a defect free new meter at the house premises of the complainant and furnish the revised bill to the complainant as per correct meter reading. After receiving the revised bill the complainant has to pay the arrear within a period of one year i.e. in 12 monthly installments to the Opposite Parties. This Forum is not inclined to give any relief excepting as above.
O R D E R
4- In the result, we allow the case of the complainant and direct the Opposite Parties to install a new defect free meter in the house premises of the complainant and also direct the Opposite Parties to provide a revised bill to the complainant with effect from October,2009 to November,2013 as per the statement filed by the Opposite Parties on the basis of correct meter reading and the complainant has to pay the arrear amount as per revised bill within a period of one year in 12 monthly installments. The Opposite Parties are directed to carry out the above order within two months from the date of receipt of the order. Under the facts and circumstances of the case, we are not inclined to allow any compensation or cost in favour of the complainant as claimed.
Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 20th day of February,2014
Sd/- Sd/- Sd/-
(Dr.N.T.Sahu) (Mrs.M.Pradhan) ( Miss S.L.Pattnaik)
I AGREE(MEMBER) I AGREE(MEMBER) PRESIDENT
