BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that the Complainant is a permanent resident of the above noted address and a Citizen of India by birth. Complainant is a bona fide consumer of Electricity under Tariff Class- C (T) at his S.T.W. premises at the above noted address, vide his Service Connection No.(Consumer ID) 201932365 Meter No. F737636G which he runs for maintaining his livelihood, since last many years under Opposite Party. The complainant was paying regular bills to the tune of Rs. 15000-22000/- per year which was quite reasonable as per yearly consumption of the complainant. It is also to be noted that the last and final meter reading has been taken by the men of Opposite Party was on 28.02.2018 which is to be evident from the Meter Reading Card and thus all the bills generated by the OP are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite Party, however, being a consumer, the complainant had to pay all those fictitious bills. Since beginning of 2018 session, the first bill was paid without any physical meter reading taken by OP’s men, to the tune of Rs. 7000/- on 30.01.2018. Surprisingly, on 03.08.2018, the bill was issued by the opposite Party asking Rs. 59528/- from the complainant, despite mentioning that only 1,4 & 1 units were consumed by him in such billing period, but demanding Rs. 59424/- outstanding due, for April, 2017-August, 2018. For the last few years, the complainant was paying electricity bills in the range of Rs. 10000-20000/-  and he was just stunned to receive such a bill without taking any meter reading and by writing a fictitious and absurd amount on the said bill. The complainant immediately contacted OP’s office and raised objection to that absurd bill, and then the Op verbally assured him to revise and issue fresh bill for that period after consulting his superior officer, and advised the complainant not to pay the same and also, the fact remains that the complainant has never got the capacity to pay such huge amount. Again, when the complainant visited OP’s office for several times but he paid no heed, and took no effort to revise the same and to send true bill by taking actual meter reading. The complainant never consumed and electrical energy at any point of time till date so that he can be charged to the above tunes of money and OP’s bill dated 03.08.2018, and thus such absurd bills are not only erroneous, but also fictitious, bogus baseless and purposive to cause huge loss to the complainant. The Op, despite of taking any step for rectification, paid no heed and harassed to the complainant with derogatory languages, and not only that, the Ops staffs continuously threatening the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. It is quite hopeless to mention that, till date the OP took no effort to rectify the same rather it appears that the Op took an illegal and negligent effort to issue such a bogus, illegal and fake Energy Bill in the name of the complainant and moreover, despite of receiving objections from him, till date kept the same alive as it is, causing a great mental agony and grievances to him. Finding no other alternatives the complainant filed  this case before the Ld. Commission praying for the following reliefs. Directing the op to issue as per exact Energy Bill, as consumed by the Complainant till date (if any at all) by taking Meter reading and to discard the erroneous and fictitious bill dated 03.08.2018. To pay a compensation of Rs. 50,000/- to the complainant by Opposite Party for negligence and deficiency in service. To pay litigation cost of Rs. 10,000/- to the complainant for conduction this case and to pass such other orders of relief as the Ld. Commission may deem fit and proper.

The op has contested the case by filing written version against the complaint . In the written version the op has stated inter alia that the case is not maintainable in its present form and in law .The op denied the allegations of the complaint paragraph-wise save and accept which specifically admitted. It is submitted that the electric connection was made at the premises of the complainant as on was made at his premises as on 26.01.2016 vide Consumer ID 201932365, installation No. 18120759 and meter No. F737636G. This is a permanent STW service connection. The energy bill is generated monthly as per terms and conditions. The energy bill was generated as on 05.03.2018 for consumption month of February, 2018 with meter reading normal 6375, peak 21711, off peak 3341 and amounting of Rs. 40,339/- with OSD 8585/-. As on 25.04.2018 energy bill was generated for the consumption month of April, 2018 with meter reading Normal 7955, Peak 3405, Off peask 4256 of Rs. 54,564/- with OSD 40,339/-. As on 01.06.2018 energy bill was generated for the consumption month of May, 2018 with Meter reading Normal 8523, Peak 3638, Off peak 4455 unit amounting to Rs. 59,298/- with OSD 54,563.22. Then after the S.T.W. season of 2018 only fixed charge was billed upto 28.01.2019 amounting of Rs. 60,235/- with OSD 59,298.00. One payment of Rs. 20,000/- has been made as on 01.03.2019. Last meter reading was taken as on 16.03.2019 as Normal: 10117 unit, Peak 4148 unit, Off peak 4805 unit. The petitioner files this speculative and malafide case in order to deprive the revenue of the O.P. and petitioner is bound to pay the bill and the bill is correct as per order and meter is functioning properly and there is no erroneous and fictitious bill. It is, therefore, prayed to reject the case with exemplary cost.

Points for determination are:

1.    Is the case maintainable in its present form and in law?     

2.    Is the complainant entitled to the relief(s) as sought   for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused and assessed the affidavit of the complainant, written version filed by op, evidence of both parties and other documents.

         Having regards had to the facts and circumstances of the case it is evident that  the complainant being a consumer has alleged deficiency in service and unfair trade practice against the op-. He runs his Service Connection No.(Consumer ID) 201932365 Meter No. F737636G for maintaining his livelihood, since last many years under Opposite Party. ; the bundle of facts indicate that this case is maintainable in its present form and in law.

        The complainant  has stated on oath that  the last and final meter reading has been taken by the men of Opposite Party was on 28.02.2018 which is to be evident from the Meter Reading Card and thus all the bills generated by the OP are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite Party, however, being a consumer, the complainant had to pay all those fictitious bills. Since beginning of 2018 session, the first bill was paid without any physical meter reading taken by OP’s men, to the tune of Rs. 7000/- on 30.01.2018. Surprisingly, on 03.08.2018, the bill was issued by the opposite Party asking Rs. 59528/- from the complainant,  despite mentioning that only 1,4 & 1 units were consumed by him in such billing period, but demanding Rs. 59424/- outstanding due, for April, 2017-August, 2018. For the last few years, the complainant was paying electricity bills in the range of Rs. 10000-20000/-  and he was just stunned to receive such a bill without taking any meter reading and by writing a fictitious and absurd amount on the said bill. The complainant immediately contacted OP’s office and raised objection to that absurd bill, and then the Op verbally assured him to revise and issue fresh bill for that period after consulting his superior officer, and advised the complainant not to pay the same and also, the fact remains that the complainant has never got the capacity to pay such huge amount. Again, when the complainant visited OP’s office for several times but he paid no heed, and took no effort to revise the same and to send true bill by taking actual meter reading. The complainant never consumed and electrical energy at any point of time till date so that he can be charged to the above tunes of money and OP’s bill dated 03.08.2018, and thus such absurd bills are not only erroneous, but also fictitious, bogus baseless and purposive to cause huge loss to the complainant. The Op, despite of taking any step for rectification, paid no heed and harassed to the complainant with derogatory languages, and not only that, the Ops staffs continuously threatening the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. It is quite hopeless to mention that, till date the OP took no effort to rectify the same rather it appears that the Op took an illegal and negligent effort to issue such a bogus, illegal and fake Energy Bill in the name of the complainant and moreover, despite of receiving objections from him, till date kept the same alive as it is, causing a great mental agony and grievances to him

The op has resisted the claim of the complainant and asserted that the electric connection was made at the premises of the complainant as on was made at his premises as on 26.01.2016 vide Consumer ID 201932365, installation No. 18120759 and meter No. F737636G. This is a permanent STW service connection. The energy bill is generated monthly as per terms and conditions. The energy bill was generated as on 05.03.2018 for consumption month of February, 2018 with meter reading normal 6375, peak 21711, off peak 3341 and amounting of Rs. 40,339/- with OSD 8585/-. As on 25.04.2018 energy bill was generated for the consumption month of April, 2018 with meter reading Normal 7955, Peak 3405, Off peak 4256 of Rs. 54,564/- with OSD 40,339/-. As on 01.06.2018 energy bill was generated for the consumption month of May, 2018 with Meter reading Normal 8523, Peak 3638, Off peak 4455 unit amounting to Rs. 59,298/- with OSD 54,563.22. Then after the S.T.W. season of 2018 only fixed charge was billed upto 28.01.2019 amounting of Rs. 60,235/- with OSD 59,298.00. One payment of Rs. 20,000/- has been made as on 01.03.2019. Last meter reading was taken as on 16.03.2019 as Normal: 10117 unit, Peak 4148 unit, Off peak 4805 unit.  Onus to prove that complainant had consumed the units as shown on the bills  lay upon opposite party who failed to prove that complainant had consumed such units-. The opposite party has not produced report of any expert to ascertain that complainant had consumed said electricity units for the period .The op has not tested the meter calibration by using laptop method. Opposite parties issued disputed bill on basis of presumption and not as per actual consumption. Op never took monthly meter reading. Demand of opposite party on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service- In some rural area seasonal cultivation and irrigation depend upon the STW connections. Such type of connections should not be whimsically disconnected. Regular redressal  of complain of the consumer is required. Meter should be examined by the expert; here in the instant case the meter was inspected on 07.01.2020 but not by any expert; no mechanical test of the meter was done. The opposite party requires to be directed to overhaul account of complainant and adjust all paid bills according to average of meter reading of preceding six months from date of disputed  bill dated  03.08.2018, for service connection No.(Consumer ID) 201932365 Meter No. f737636G  and to receive consumption charges without imposing any surcharge and penalty and in case any amount out of demanded amount was deposited by complainant, same be also be refunded or adjusted in account of complainant , Rs. 5,000 is to be awarded towards mental agony and harassment and Rs. 5,000 for litigation expenses.

Both the points are decided accordingly. Thus the complaint case succeeds in part.

Hence, it is

O R D E R E D

That the CC/80 of 2019 be and the same is allowed in part on contest against the OP.

The OP is hereby directed to  adjust all paid bills if any according to average of meter reading of preceding six months from date of disputed  bill raised   on  dated 03.08.2018 for service Connection  No.(Consumer ID) 201932365 Meter No. F737636G 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. 5,000 is awarded towards mental agony and harassment and Rs. 5,000 is awarded for litigation expenses of the complainant.

Alternatively, the op may settle the dispute 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 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 the judgment be supplied to each of the complainant and the OP free of cost.