DATE: The 31st day of January 2023
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) 201492592 Meter No. IX0098100 which he runs for maintaining his livelihood, since last 2014 under Opposite Party. At the end of 2017, some amount was due for which the OP disconnected the line, but the Complainant has paid all the bills as charged by the Opposite Party on 15.01.2018, and not a single penny was “outstanding due” till 15.01.2018. It is to be noted that the last and final meter reading has taken by the men of Opposite Party was on 17.02.2017 which is to be evident from the Meter Reading Card, and thus it is mentioned that all the bills generated in 2017 and 2018 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 came on 06.03.2018 without any physical meter reading taken by Op’s men, to the tune of Rs. 13172/-, and very surprisingly, showing Rs. 3239/- as “outstanding amount” for June, 2017-March, 2018. It is to be noted here that on 15.01.2018, he has paid all outstanding bills for the year 2017 to the tune of Rs. 12000/- despite of the fact that all such demands were illegal & fictitious. In spite, of the above fact, the Complainant paid Rs. 7000/- on 11.04.2018 and one office staff namely S. Paul received the same without giving any receipt for the same. Surprisingly on 30.06.2018, a bill was issued by the Opposite Party asking Rs. 135292/- from the Complainant despite mentioning that only 2, 4 & 4 units were consumed by him in such billing period, but demanded Rs. 135179/- as outstanding due, for April, 2018 June 2018. Since installation of line in 2014, the complainant was paying electricity bills in the range of Rs. 18000-25000/- per year, 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 offices, and advised to the Complainant not to pay the same and also, the fact remains 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. Complainant never consumed any electrical energy at any point of time till date so that she can be charge to the above tunes of money and OP’s bill dated 06.03.2018 & 03.06.2018, 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 Op’s staff are 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 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 complainant is hereby filing this case before the Ld. Commission praying for the following reliefs: Directing the op to issue 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 bills dated 06.03.2018, & 03.06.2018. 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 meter reading is correct and this Court has got no jurisdiction to entertain this application. All the statements made in the present Consumer case are denied save and except what are matters on record. It is submitted that the electric connection was made at the premises of the complainant as on 25.02.2015 vide Consumer ID 201492592 installation No. 17902783 and meter No. IX0098100. In the S.T.W. season 2017 the last bill of season generated as on 08.05.2017 with meter reading normal 2360, peak 1248, off peak 995 unit amounting to Rs. 12,407/- with OSD 10571. The OSD amount as on 05.01.2018 is Rs. 13,467/-. He made a payment of RS. 11,900/- as on 15.01.2018 on the OSD of 13467/- As on 17.04.2018 energy bill was generated with meter reading normal 14436, Peak 6901, Off peak 7969 of Rs. 105434/- with OSD due to fixed charge and LPSC 6373/- . As on 1.06.2018 energy bill was generated with Meter reading Normal 17794, Peak 8658, Off Peak 8856 unit amounting of Rs. 135180/- with OSD 106288/- . Then after the S.T.W. season of 2018 only fixed charged was bill up to 30.01.2019 amounting to Rs. 115243/- with OSD 111561/-. One payment of Rs. 24,500/- has been made as on 30.01.2019. Another payment was made of Rs. 30,000/- as on 27.02.2019. Present O.S.D. as on 16.03.2019 is Rs. 89983/- and reading as on 24.02.2019 Normal 19139, Peak 9047, Off Peak 9631. It is, therefore, prayed that the Ld. Forum would be pleased to dismiss the present case.
Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the complainant entitled to the relief(s) as soughtfor?
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) 201492592 Meter No. IX0098100 for maintaining his livelihood, since 2014 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 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) 201492592 Meter No. IX0098100 which he runs for maintaining his livelihood, since last 2014 under Opposite Party. At the end of 2017, some amount was due for which the OP disconnected the line, but the Complainant has paid all the bills as charged by the Opposite Party on 15.01.2018, and not a single penny was “outstanding due” till 15.01.2018. It is to be noted that the last and final meter reading has taken by the men of Opposite Party was on 17.02.2017 which is to be evident from the Meter Reading Card, and thus it is mentioned that all the bills generated in 2017 and 2018 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 came on 06.03.2018 without any physical meter reading taken by Op’s men, to the tune of Rs. 13172/-, and very surprisingly, showing Rs. 3239/- as “outstanding amount” for June, 2017-March, 2018. It is to be noted here that on 15.01.2018, he has paid all outstanding bills for the year 2017 to the tune of Rs. 12000/- despite of the fact that all such demands were illegal & fictitious. Inspite, of the above fact, the Complainant paid Rs. 7000/- on 11.04.2018 and one office staff namely S. Paul received the same without giving any receipt for the same. Surprisingly on 30.06.2018, a bill was issued by the Opposite Party asking Rs. 135292/- from the Complainant despite mentioning that only 2, 4 & 4 units were consumed by him in such billing period, but demanding Rs. 135179/- as outstanding due, for April, 2018 June 2018! Be it noted that since installation of line in 2014, the complainant was paying electricity bills in the range of Rs. 18000-25000/- per year, 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 offices, and advised to the Complainant not to pay the same and also, the fact remains 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. Complainant never consumed any electrical energy at any point of time till date so that she can be charge to the above tunes of money and OP’s bill dated 06.03.2018 & 03.06.2018, 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 Op’s staff are 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 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 25.02.2015 vide Consumer ID 201492592 installation No. 17902783 and meter No. IX0098100. In the S.T.W. season 2017 the last bill of season generated as on 08.05.2017 with meter reading normal 2360, peak 1248, off peak 995 unit amounting to Rs. 12,407/- with OSD 10571. The OSD amount as on 05.01.2018 is Rs. 13,467/-. He made a payment of RS. 11,900/- as on 15.01.2018 on the OSD of 13467/- As on 17.04.2018 energy bill was generated with meter reading normal 14436, Peak 6901, Off peak 7969 of Rs. 105434/- with OSD due to fixed charge and LPSC 6373/- . As on 1.06.2018 energy bill was generated with Meter reading Normal 17794, Peak 8658, Off Peak 8856 unit amounting of Rs. 135180/- with OSD 106288/- . Then after the S.T.W. season of 2018 only fixed charged was bill up to 30.01.2019 amounting to Rs. 115243/- with OSD 111561/-. One payment of Rs. 24,500/- has been made as on 30.01.2019. Another payment was made of Rs. 30,000/- as on 27.02.2019. Present O.S.D. as on 16.03.2019 is Rs. 89983/- and reading as on 24.02.2019 Normal 19139, Peak 9047, Off Peak 9631. 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-. 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 05.01.2018, 06.03.2018 & 03.08.2018, for service connection No.(Consumer ID) 201925881 Meter No. GX015659 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/79 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 bills raised on dated 06.03.2018 & 03.06.2018, for service Connection No.(Consumer ID) 201492592 Meter No. IX0098100 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 bills 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.
