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) 201925881 Meter No. GX015659 which he runs for maintaining his livelihood, since 2013 (New Connection given in 2015) under Opposite Party. 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. It is to be noted that the last and final meter reading was taken by the men of Opposite Party on 22.03.2018 which is evident from the Meter Reading Card, 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. Since beginning of 2018 session, the mini tube well of the complainant was stopped working and as such he had to close his business and the matter was informed to the Opposite Party. It is to be noted here that on 26.12.2017, he has paid all outstanding bills for the year 2017 to the tune of Rs. 36420/- in spite of the fact that all such demands were illegal & fictitious. Surprisingly on 05.01.2018, a bill was issued by the Opposite Party asking Rs. 6197/- from the Complainant despite mentioning that only 3 units were consumed by him in such billing period. 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 05.01.2018 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 06.03.2018, when the OP again issued another fictitious and bogus bill to the tune of Rs. 24756/- again without taking any meter reading and this time, by putting absurd and fictitious meter reading of 4368 units. Again, when the complainant visited Op’s office for several times but he paid no heed, rather on 03.08.2018, another such bill was issued to the tune of Rs. 110708/- by showing meter reading as 12802 units and outstanding due as Rs. 110610/-. 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 05.01.2018, 06.03.2018 & 03.08.2018, 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 removed and disconnected the said supply line. 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 05.01.2018, 06.03.2018 & 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.
The op has contested the case by filing written version against the complainant. 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 17.01.2016 vide Consumer ID 201925881 installation No. 18048813 and meter No. GX015659. This is a permanent STW service connection. The energy bill is generated monthly as per terms and conditions. The installed meter vide meter No. GX015659 is 3-ph (10-60) amp T.O.D. meter but in system the meter was installed as a whole day meter. In system the connection was installed with meter phase “1” in respect of “3” and multiplying factor”3”. The energy bill generated with proper Meter Reading but due to the multiplying factor-3, the bill claimed was 3 times that of actual. A proposal was sent to regenerate his bill with Memo No. KJR/NS/695, Dated 06.02.2019. The energy bill has been regenerated and billed with total meter reading normal 5884, Peak 2857, Off peak 4048 unit. Meter reading date 25.05.2018. He has paid his energy bill till 28.03.2018 was Rs. 52520/- No further payment was made by him till then. The total regenerated bill amount with last above mentioned readings as on 28.12.2018 is Rs. 65,449/- and payment adjusted of Rs. 52520/-. The outstanding dues as on 28.03.2018 is Rs. 12,930/-. It is, therefore, prayed that the Ld. Forum would be pleased to dismiss the present Case being devoid of merit.
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 the Service Connection No. (Consumer ID) 201925881 Meter No. GX015659 for maintaining his livelihood; the bundle of facts indicate that this case is maintainable in its present form and in law.
The complainant has stated on oath that he 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. It is to be noted that the last and final meter reading was taken by the men of Opposite Party on 22.03.2018 which is evident from the Meter Reading Card, 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. Since beginning of 2018 session, the mini tube well of the complainant was stopped working and as such he had to close his business and the matter was informed to the Opposite Party. It is to be noted here that on 26.12.2017, he has paid all outstanding bills for the year 2017 to the tune of Rs. 36420/- in spite of the fact that all such demands were illegal & fictitious. Surprisingly on 05.01.2018, a bill was issued by the Opposite Party asking Rs. 6197/- from the Complainant despite mentioning that only 3 units were consumed by him in such billing period. 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 05.01.2018 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 06.03.2018, when the OP again issued another fictitious and bogus bill to the tune of Rs. 24756/- again without taking any meter reading and this time, by putting absurd and fictitious meter reading of 4368 units. Again, when the complainant visited Op’s office for several times but he paid no heed, rather on 03.08.2018, another such bill was issued to the tune of Rs. 110708/- by showing meter reading as 12802 units and outstanding due as Rs. 110610/-. Complainant added that he 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 05.01.2018, 06.03.2018 & 03.08.2018, are not only erroneous, but also fictitious, bogus and baseless.
The op has resisted the claim of the complainant and asserted that the energy bill generated with proper Meter Reading but due to the multiplying factor-3, the bill claimed was 3 times that of actual. A proposal was sent to regenerate his bill with Memo No. KJR/NS/695, Dated 06.02.2019. The energy bill has been regenerated and billed with total meter reading normal 5884, Peak 2857, Off peak 4048 unit. Meter reading date 25.05.2018. He has paid his energy bill till 28.03.2018 was Rs. 52520/- No further payment was made by him till then. The total regenerated bill amount with last above mentioned readings as on 28.12.2018 is Rs. 65,449/- and payment adjusted of Rs. 52520/-. The outstanding dues as on 28.03.2018 is Rs. 12,930/-. 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. 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 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/36 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 ,by applying proper multiplying factor, if any , according to average of meter reading of preceding six months from date of disputed bills raised on 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. 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 waiving the outstanding dues as on 28.03.2018 i.e. Rs. 12,930/-.and on payment of Rs. 5,000 as towards litigation expenses to the complainant 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.
