1. The fact of the case of complainant, he is the beneficiary consumer, being the husband of Smt. Sandhyarani Chandra, under the O.Ps having the electricity consumer no. 713101080042 (old A/c No. D1-3361).  The allegation of the complainant is that in the month of June, 2015 he received electricity bill for Rs. 414.61 showing arrear as NIL and on July, 2015 he received further electricity bill for Rs. 891/- showing the arrear as Rs. 414.61 and he deposited the total amount of Rs. 891/- on 20.08.2015 vide receipt no. 819908.  Further allegation of the complainant is that on August, 2015 he received the electricity bill for Rs. 1,172/- out of which Rs. 268.05 is for actual bill for the month of July, 2015 and Rs. 903.47 as arrear and he deposited the actual bill of Rs. 270/- vide receipt no. AP0433729 on 26.09.2015 and on September, 2015 he received bill for Rs. 1,019/- out of which Rs. 123.20 is for month of September and Rs. 895.42 is arrear.  The allegations of complainant is that inspite of repeated approaches to the O.Ps for rectification of the bills, they did not rectified the same rather advised  the complainant to contact with the higher authority, as such he stopped further deposit of the bills.  Thus alleging deficiency in service he filed this case with a prayer to direct the O.Ps to quash the bill for the month of August and September, 2015 for Rs. 905.47 and Rs. 895.42 respectively and to pay Rs. 50,000/- and Rs. 20,000/- towards compensation and costs of litigation to him.
    
2. On the other hand, the O.Ps though appeared in this case, but did not choose to file their counter inspite of repeated opportunities given to them keeping in view of natural justice, however, they participated in the hearing.
    
3. Complainant has filed certain documents to prove his submissions, whereas the O.Ps did not choose to file any documents inspite repeated opportunities given to them.  Perused the case records and material documents available therein.
    
4. In the case in hand, it is an admitted fact that the wife of complainant is having electricity connection vide A/c No. 713101080042 (old A/c No. D1-3361 with the O.P and complainant is beneficiary.  It is an evidentiary fact that that on 18.07.2015 he received electricity bill for Rs. 414.61 for the month of June, 2015 showing arrear as NIL and on August, 2015 he received further electricity bill for Rs. 891/- for the month of July, 2015 showing the arrear as Rs. 414.61 and he deposited the total amount of Rs. 891/- on 20.08.2015 vide receipt no. 819908.  Complainant filed document to that effect.  It is also admitted fact that on August, 2015 he received an electricity bill for Rs. 1,172/- out of which Rs. 268.05 is for the actual bill for July, 2015 and Rs. 903.47 as arrear and he deposited the actual bill for the month of July, 2015 for Rs. 270/- vide receipt no. AP0433729 on 26.09.2015.  It is also an admitted fact that on 12.10.2015 complainant received the electricity bill for the month of September, 2015 for Rs. 1,019/- out of which Rs. 123.20 is for month of September and Rs. 895.42 is arrear.  It is alleged that complainant has personally approached the O.Ps and requested them to rectify the bill amount and to issue fresh revised bill, but the O.P. did not take any action rather they advised the complainant to contact with the Managing Director, Southco and the said averment was unrebutted by the O.P.  Since the O.P. did not choose to file their counter version to make any contradiction, as such the averments of complainant cannot be disbelieved.  In this connection, we have fortified with a Judgement of Hon’ble National Commission, in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another that “Unrebutted averments shall be deemed to be admitted.”   

5. Further, at the time of hearing, the A/R for O.P. contended that since the complainant did not deposit the electricity bill within due time, for which the bill amount could not taken into the account in time, as such the subsequent bill showed the arrear dues.  If the contentions of the A/R for O.P. is taken into consideration than, we feel, it was the duty of the O.P. to update the account of the complainant in the subsequent month whenever they receive the electricity bill amount from the complainant, as such the contentions of O.P. to that effect cannot be accepted.   

6. Further the averments of the complainant is that due to non rectification of the electricity consumption bill by the O.P., the complainant stopped further electricity dues.  As per records, it is also revealed that the O.P. has not taken any step towards the complaint of complainant.  We think, had the O.P. rectified the electricity consumption bill when the complainant approached them for the first time, than the complainant could have deposited the balance dues and the balance dues from September, 2015 could have updated.  We feel, the O.P. by not taking any proper steps to rectify the electricity consumption bills, have proved deficiency in service on their part, for which definitely the complainant must have suffered mental agony and financial loss, which compelled the complainant to file this present case incurring some expenses.  Hence this order.

ORDER

The complaint petition is allowed in part.  The O.P. No. 1 & 2 are herewith directed to quash the arrear bill amount existed in the respective bill for respective month till September, 2015.  Further the O.Ps are directed to revise the electricity consumption bill from September, 2015 to till the date of this order and issue fresh revised electricity bill to the complainant and to pay Rs. 3,000/- towards compensation for not providing better service and Rs. 2,000/- towards cost of litigation to the complainant within one month from the date of receipt of this order, failing which, the compensation amount shall carry interest @ 10% p.a. till payment.

    Pronounced in the open Forum on this the 7^th day of September, 2018.

    Issue free copy to the parties concerned.