Orissa

Malkangiri

75/2014

Nitai Majumdar, S/o Late Balram Majumdar, - Complainant(s)

Versus

Sub-Divisional Officer (Elect.) - Opp.Party(s)

self

31 Jul 2015

ORDER

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Complaint Case No. 75/2014
( Date of Filing : 27 Mar 2014 )
 
1. Nitai Majumdar, S/o Late Balram Majumdar,
Vill.Mv.-43 Ps/Dist-Malkangiri
...........Complainant(s)
Versus
1. Sub-Divisional Officer (Elect.)
SOUTHCO, Malkangiri, Odisha
2. Executive Engineer, Malkangiri Electrical, Division,
SOUTH CO, Malkangiri.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ashok Kumar Pattnaik PRESIDENT
 HON'BLE MRS. Bhavani Acharya MEMBER
 
PRESENT:
 
Dated : 31 Jul 2015
Final Order / Judgement

 

The Complainant submitted that though the Opposite Parties never supplied the standard voltage of 230, he use to pay the bills regularly and he has paid all the electric bill the month of May-June, 2013 except Rs. 23/- as outstanding but the complainant received an exaggerated bill for the month of January, 2014 for an amount of Rs. 10,459/- showing excess 1970 units which is false, fabricated and without verification of pervious reading and present reading. In order to install a new meter the complainant deposited Rs. 50/- on 31.01.2014 but Opposite Parties did not take any action. Due to said illegal and exaggerated bill the Complainant being a poor and BPL suffered from mental agony, physical harassment and financial loss. Though the above facts brought to the notice of the O.Ps they paid deaf ear.

The O.Ps filed version and submitted that the complainant is a consumer. It is submitted that the Opposite Parties manually verified the bill since 2/12 to 12/2013 and found that during the period 2/12 to 12/2012 he got an amount of bill of Rs. 580/- on provisional basis, prior to that period he was receiving only Rs. Less then 200 on actual and provisional basis and all the provisional bills were adjusted with the final reading. The complainant received EC bill of rupees more than 2000 at a time for the period from 11/2012 to 12/2012. Again he the complainant was received bills on actual basis for the period from 1/2013 to 12/2013 for more than Rs. 15,000/- previously the complainant had not made any complain but after filling the present complaint case the parallel meter was installed to verify the reason of excess bill the Opposite parties were put parallel meter and found the existing meter is correct. They also filed the revision statement and submitted that the disputes of the complainant will be solved after the verdict of the Forum.

The fact of this case makes it clear that the dispute is for exaggerated electric bill of July, 2013 making demand of Rs. 10459/-. The complainants positive case is that the Opposite Parties are admitted that they have charged excess amount in the bills since February, 2012 as before February,2012 the complainant was received Rs. 200/- on actual basis whereas after February, 2012 the complainant received bills of Rs. 580/- on provisional basis. Admitting their fault, the Opposite Parties are submitted in their prayer that they will revise the bill on receipt of  the verdict of the  forum. The Opposite Parties are claiming that they were fixed a parallel meter to know the reason of excess billing and the test report is said parallel meter are exhibited before the Forum in support of their claim. But on perusal of the said test report it is found that the signature made in the said test report is other than the complainant. It is mandatory on the part of the Opposite Parties is that prior notice has to be served before fixing the parallel meter. No such prior notice on fixing of parallel meter has been served on the complainant. As such the test report as filed by the Opposite Parties having no evidential value. Under the circumstance we have every doubt now regarding the proper function of the meter fixed at the residence of the complainant. So, doubtful meter is bound to register doubtful unit. So, bill prepared on the basis of the unit registered by a doubtful meter is not at all reliable. So, we have no other alternative but to quash the bill of November-December, 2014 issued during January,2014. So, in view of the facts and circumstances and the case of the complainant this Forum is of the opinion that the disputed bill is liable to be quashed and the opposite parties are directed to prepare a fresh bill taking into consideration the history of the consumption of average units against the old meter.

Keeping in view the above facts and circumstance of the present case, we arrived at the conclusion that the Complaint is tenable. We find that the Opposite Parties are deficient in service and Jointly and severally committed unfair trade practice in this case for which the complainant is entitled to the relief. Hence, it is ordered that :-

                                                            ORDER

The bill of January-2014 issued against the complainant be quashed. The opposite parties are directed issue proper bill after fixing a new and perfect meter, after observing three months consumptions, fix average monthly consumption from February-2012 onwards, deduct three total payments made by the complainant from the total amounts and allow the complainant to pay in (4) Four installments. The Forum also order ordered the O.Ps to pay Rs. 1000/- to complainant as compensation for mental agony and Rs. 1000/- as cost of the case within 30 days from the date of order.

The complainant is disposed of accordingly.

 
 
[HON'BLE MR. Ashok Kumar Pattnaik]
PRESIDENT
 
 
[HON'BLE MRS. Bhavani Acharya]
MEMBER
 

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