SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of providing inflated monthly energy bill and not to disconnect the power supply to the complainant’s premises are the allegations arrayed against Ops.
2. Complaint, in brief reveals that complainant is a domestic category of consumer under Ops bearing No. RNID/952 and after occurrence of Super cyclone and on application of complainant, Ops disconnected the power supply on dtd.23.01.2001 and granted the receipt and a new connection was provided to the complainant in the year 2003. But the Ops are claiming Rs.8,867/- as arrear dues against the Consumer No.01399825. Complainant reported the matter to Junior Engineer,Rajnagar Sub-Division in the year 2003 by filing a representation for revision of energy bills which was forwarded to higher authorities vide letter No.32 dtd. 15.02.2005 after accepting Rs.1000/- against the arrear dues. But Ops without revising the energy bills demanding the illegal arrear outstanding and are threatening to disconnect the power supply to the complainant’s premises. That the cause of action of the instant case arose on dtd.13.01.2016 when the Ops threatened to disconnect the power supply and complainant prays this forum for revision of energy bill and not to disconnect the power supply.
3. Being noticed one Kulamani Sethi,Deputy Manager(Elec.),Electrical Sub-Division,Rajnagar(CESU) appeared into the dispute on behalf of OPs and filed written statement submitting the formal allegation of maintainability and narrating the facts it is stated that complainant is a domestic category of consumer under Ops bearing old Consumer No.RNID-952 and the new consumer A/C is 01399825 and complainant is a regularly irregular in paying the monthly energy dues after super cyclone and complainant is availing power supply as usual without any disconnection. It is averred that an amount of Rs.134/- is pending as arrear dues up to 5/99 and complainant is availing power supply up to 9/2003 without any meter excluding 12/02 to 07/2002 due to transformer burnt. Complainant has paid dues as per the Annexure-I. It is also revealed that Ops have never given any new connection only a new energy meter has installed during 8/03 and Ops are ready to revise/correct the energy bill if the complainant-consumer applies for a fresh application for revision, accordingly the complaint is liable to be dismissed on the circumstances.
4. Heard the case on merit as non appears on behalf of the parties during course of hearing, gone through the complaint, written statement and annexures filed by Ops. It is an admitted fact that complainant is a domestic category of consumer under Ops bearing No.01399825 (old no.RNID-952). The dispute relates to inflated energy bill for the period October-1999 to 2003. It is the case of the complainant that power supply was disconnected to complainant’s premises on his application which was granted by Ops on dtd.23.01.2001 and the new connection was provided in the year 2003 and waive and correct the energy bills complainant approached the authorities vide letter No. 32 dtd. 15.02.2005. Though the said letters are appear in the list of document, but no such letters are produced before the Forum except the list of document, hence, it is not possible to pass any lawful opinion on this allegation when the Ops on filing Annexure-I, which reflects that power supply was resumed to complainant from 6/99 to 11/02 on without meter and the energy bills for the period prepared on no meter basis. It is also revealed from the Annexure-I that from d12/02 to 7/03 no energy charges has been imposed on the complainant due to transformer burnt. Further, it is clear from the written statement filed by the Ops, that, if the complainant applies for a fresh correction of energy bills, Ops are ready to comply the grievance as per the provision. In addition to this Ops should consider the letters as stated in the complaint petition, if it is produced before them during course of revision of energy bill. Considering the complaint, written statement and annexures, it is directed that complainant-consumer will file proper application for revision of energy bills before the OP-authorities and the Ops will revise the energy bill for the disputed period from 6/99 to 11/2002 as per the provisions of O.E.R.C.. The process of revision of energy bill shall be completed within one month of receipt of the application for revision by the complainant. The I.A. case No.21/2016 which arises out of the present C.C.Case is hereby vacated subject to compliance of this order.
Complaint is allowed in part without cost.
Pronounced in the open Court, this 11th day of April, 2017.
