Ld Advoactes are present. Judgement is delivered in open Commission in 5 pages 3 separate sheet of paper.

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) 201514872 Meter No. IX005907 which he runs for maintaining his livelihood, since last 10-12 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. The last and final meter reading has been taken by the man of Opposite Party on 15.02.2015 which is evident from the Meter Reading Card that all the bills generated in 2015 to 2018 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 came on 05.01.2018 without any physical meter reading taken by OP’s men, to the tune of Rs. 16861.00/- and out of which, very surprisingly, showing Rs. 16724.04/-, as ” outstanding amount” for July, 2015- Sept, 2016, Dec, 2017. On 16.01.2018, complainant has paid all outstanding bills to the tune of Rs. 16861.00/- plus another Rs. 100/- as “Disconnection & Re -connection Charge” despite the fact that all such demands were illegal & fictitious. Surprisingly, on 04.10.2018, a bill was issued by the Opposite Party asking Rs. 123337.00/- from the complainant  mentioning that only 6,4 & 5 units were consumed by him in such billing period, but demanding Rs. 123205.30 as outstanding due, for March, 2018-Sept, 2018. For the last few years, the complainant was paying electricity bills in the range of Rs. 15000-22000/- 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 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 04.10.2018, and thus such absurd bill is not only erroneous, but also fictitious, bogus baseless and purposive to cause huge loss to the complainant. The Op, instead of taking any step for rectification, paid no heed and harassed to the complainant with derogatory languages, and not only that, the Ops staff continuously threatening the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. 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, instead 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 04.10.2018. 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 meter reading is correct and this Court has got no jurisdiction to entertain this application and to decide meter reading. The electric connection was effected at his premises as on 31.10.2015 vide consumer ID 2015147872, installation No. 16523601, and meter no. IX005907. He made two Nos. monthly installment of his present OSD amounting to Rs. 25934.30 as on 27.01.2017, and made a payment of first installment amount of RS. 7850.00. Then in the S.T.W. season 2017 the last bill of season generated as on 12.05.2017 with meter reading Normal 4300, peak 1697, off peak 2905, unit amounting of Rs. 15934.00 with OSD 7850.00 which was the unpaid installment amount. He made a payment of Rs. 16861.00 as on 16.01.2018 from the OSD of 16859.00. Then an energy bill was generated as on 17.04.2018 with meter reading Normal 14456, Peak 6947 off peak 8574 unit amounting of Rs. 94,000.00/-. As on 26.05.2018 energy bill was generated with meter reading Normal 17335, peak 8538, off peak 10376 of Rs. 1,22,837.00, with OSD 96,638.41. Then after the S.T.W season of 2018 only fixed charge was billed upto 29.01.2019 amounting of Rs. 123748.00 with OSD 123679.00/-. One payment of Rs. 62000.00/- has been made as on 31.01.2019. The present OSD as on 16.03.2019 is Rs. 70557.51 and the present reading as on 24.02.2019 is normal 17335, Peak 8538, off peak 10376 of Rs. 1,22,837.00/-. It is therefore, prayed that would be graciously pleased to dismiss the present consumer case being devoid of merit.

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. We have anxiously considered the arguments advanced by the Ld counsel of rival parties.

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) 201514872 Meter No. IX005907  for maintaining his livelihood, since last 10-12 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 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. The last and final meter reading has been taken by the man of Opposite Party on 15.02.2015 which is  evident from the Meter Reading Card  that all the bills generated in 2015 to 2018 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 came on 05.01.2018 without any physical meter reading taken by OP’s men, to the tune of Rs. 16861.00/- and out of which, very surprisingly, showing Rs. 16724.04/-, as ” outstanding amount” for July, 2015- Sept, 2016, Dec, 2017. On 16.01.2018, complainant has paid all outstanding bills to the tune of Rs. 16861.00/- plus another Rs. 100/- as “Disconnection & Re -connection Charge” despite the fact that all such demands were illegal & fictitious. Surprisingly, on 04.10.2018, a bill was issued by the Opposite Party asking Rs. 123337.00/- from the complainant  mentioning that only 6,4 & 5 units were consumed by him in such billing period, but demanding Rs. 123205.30 as outstanding due, for March, 2018-Sept, 2018. For the last few years, the complainant was paying electricity bills in the range of Rs. 15000-22000/- 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 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 04.10.2018, and thus such absurd bill is not only erroneous, but also fictitious, bogus baseless and purposive to cause huge loss to the complainant. The Op, instead of taking any step for rectification, paid no heed and harassed to the complainant with derogatory languages, and not only that, the Ops staff continuously threatening the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. 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, instead 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 asserted that the complainant  made two Nos. monthly installment of his present OSD amounting to Rs. 25934.30 as on 27.01.2017, and made a payment of first installment amount of RS. 7850.00. Then in the S.T.W. season 2017 the last bill of season generated as on 12.05.2017 with meter reading Normal 4300, peak 1697, off peak 2905, unit amounting of Rs. 15934.00 with OSD 7850.00 which was the unpaid installment amount. He made a payment of Rs. 16861.00 as on 16.01.2018 from the OSD of 16859.00. Then an energy bill was generated as on 17.04.2018 with meter reading Normal 14456, Peak 6947 off peak 8574 unit amounting of Rs. 94,000.00/-. As on 26.05.2018 energy bill was generated with meter reading Normal 17335, peak 8538, off peak 10376 of Rs. 1,22,837.00, with OSD 96,638.41. Then after the S.T.W season of 2018 only fixed charge was billed upto 29.01.2019 amounting of Rs. 123748.00. One payment of Rs. 62000.00/- has been made as on 31.01.2019. The present OSD as on16.03.2019 is Rs. 70557.51 and the present reading as on 24.02.2019 is normal 17335, Peak 8538, off peak 10376 of Rs. 1,22,837.00/- The op has not stated anything about the disputed bill dated 04.10.2018, which was issued by the Opposite Party asking Rs. 123337.00/- from the complainant  mentioning that only 6,4 & 5 units were consumed by him in such billing period, but demanding Rs. 123205.30 as outstanding due, for March, 2018-  Sept, 2018. The op has not explained as to why it has raised a single at one go for seven months i.e. for March, 2018-  Sept, 2018 instead of taking monthly reading. Onus to prove that complainant had consumed the units as shown on the said bill 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;  no mechanical test of the meter was done. The complainant has been able to prove elements of deficiency of service and unfair trade practice against the OP. The complainant is entitled to get the relief as follows. The opposite party requires to be directed to raise fresh bill discarding the bill dated 04.10.2018 according to average of meter reading of preceding six months from date of disputed bill i.e. 04.10.2018  for Service Connection No.(Consumer ID) 201514872 Meter No. IX005907 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/81 of 2019 be and the same is allowed in part on contest against the OP.

The OP is hereby directed to  raise fresh bill discarding the bill dated 04.10.2018 according to average of meter reading of preceding six months from date of disputed bill ie 04.10.2018 for Service Connection No.(Consumer ID) 201514872 Meter No. IX005907 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.