Ld. advoacte for the complainant is present. Judgement is pronounced in open Commission.
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. The 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) 201962812 Meter No. SX001561 which he runs for maintaining his livelihood, since long under Opposite Party.Be it noted that the Complainant has paid all the bills as charged by the Opposite Party till the end of 2017 and not a single penny was shown as “outstanding due” in the first bill generated on 05.01.2018, to the tune of Rs. 1064.77/- and after payment of the same on 24.01.2018. It is to be noted that the NO meter reading was taken by the men of Opposite Party since 05.02.2015 which is to be evident from the Meter Reading Card, and thus it is needless to mention here that all the bills generated in 2015 to 2018 are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite Party. It is to be noted here that on 24.01.2018, he has paid all outstanding bills for the year 2017 to the tune of Rs. 1070/- inspite of the fact that all such demands were illegal & fictitious. Surprisingly, on 30.06.2018, the second bill of 2018 was issued by the Opposite Party asking Rs. 94,089/- from the complainant despite mentioning that only 9 units was consumed by him in such billing period, but illegally demanding an amount of Rs. 93989/- as “Outstanding Amount”. Surprisingly, the complainant 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 that there was some technical and computer mistakes in placing that absurd amount in the bill dated 30.06.2018 and the OP promised to revise and issue fresh bill for that period after consulting his superior officers, and advised the complainant not to pay the same. Being assured by Op, the complainant was on good hope and belief that he will receive a fresh and correct bill, but he was kept waiting for an uncertain period without any activity from Op’s end till 09.08.2018, when the OP again issued another fictitious and bogus bill to the tune of Rs. 94236/- again without taking any meter reading and this time, by putting absurd and fictitious meter reading of 9 units and illegally demanding an amount of Rs. 94090.69/- as “outstanding Amount”. Again, when the complainant visited Op’s office for several times but he paid no heed, rather on 10.09.2018, another such bill was issued to the tune of Rs. 94361/- by showing meter reading as 12 units and outstanding due as Rs. 94327.65/-. Again finally on 03.11.2018, last of such bill was issued to the tune of Rs. 94593/- by showing meter reading as 10 units and outstanding due as Rs. 94485.67/-. The Complainant never consumed any 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 30.06.2018, 09.08.2018 &10.09.2018, are 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 Op’s staff removed and disconnected the said supply line. It is quite hopeless to mention that, till date the OP took no effort to rectify the same. Finding no other alternatives complainant has filed this case before the Ld. Commission praying for the following reliefs: To direct the Opposite Parties: 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 bills dated 30.06.2018, 09.08.2018 10.09.2018& 03.11.2018. 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.
Notice was served upon op, but op did not contest the case; as such the proceeding of the case ran ex-parte against the op.
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, unchallenged evidence of the complainant 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) 201962812 Meter No. SX001561 for maintaining his livelihood, since long 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 no meter reading was taken by the men of Opposite Party since 05.02.2015 which is to be evident from the Meter Reading Card, and thus it is needless to mention here that all the bills generated in 2015 to 2018 are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite Party. It is to be noted here that on 24.01.2018, he has paid all outstanding bills for the year 2017 to the tune of Rs. 1070/- inspite of the fact that all such demands were illegal & fictitious. Surprisingly, on 30.06.2018, the second bill of 2018 was issued by the Opposite Party asking Rs. 94,089/- from the complainant despite mentioning that only 9 units was consumed by him in such billing period, but illegally demanding an amount of Rs. 93989/- as “Outstanding Amount”. The Complainant never consumed any 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 30.06.2018, 09.08.2018 &10.09.2018, are 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 Op’s staff removed and disconnected the said supply line. It is quite hopeless to mention that, till date the OP took no effort to rectify the same. Finding no other alternatives complainant has filed this case before the Ld. Commission.
The opposite party has not challenged the above evidence of the complainant consumer on oath. It appears that Opposite party issued disputed bill on basis of presumption and not as per actual consumption. Demand of opposite party on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service-. Meter should be examined by the expert,here in the instant case the meter was not inspected 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 30.06.2018, 09.08.2018 &10.09.2018, for service Connection No.(Consumer ID) 201962812 Meter No. SX001561 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. 3,000 is to be awarded towards mental agony and harassment and Rs. 3,000 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/88 of 2019 be and the same is allowed in part ex-parte against the OP.
The OP is hereby directed toadjust all paid bills according to average of meter reading of preceding six months from date of disputed bill dated 30.06.2018, 09.08.2018 &10.09.2018, for service Connection No.(Consumer ID) 201962812 Meter No. SX001561 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. 3,000 is awarded towards mental agony and harassment and Rs. 3,000 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.
