By : SMT. BANDANA ROY, PRESIDENT
The case of the petitioner in brief is that he is a bona fide customer under the OP Electricity Board having his Consumer ID No. 223183596 since 15.10.2009 and his average electric consumption is 70 to 108 units in every three months since the very inception of his meter. Suddenly on 30.06.2016 the complainant noticed that the meter reading in his electric meter has shot up to 5452 units. The complainant immediately informed the matter to the OP authority who send a staff on 01.07.2016 for inspection who found the meter reading 5506 and he disclosed that the meter has defaulted and accordingly advised the complainant to send a written application to the Board. On 04.07.2016 the complainant sent a written application before the OP stating of the fault in the meter and also prayed replacement of the same. On 13.07.2016 another staff of the OP also came and inspected the mater but did nothing. In reply to the application of complainant dated 04.07.2016 the OP send one letter on 21.07.2016 and informed that the meter was OK and send bill for immediate payment otherwise the line would be disconnected. Thereafter in the month of November, 2016 without any intimation and in absence of the complainant the OP disconnected his service connection. On 14.12.2016 the OP send a bill for an amount of Rs. 398,509/-. The complainant requested several times for reconnect his line but in vain. Lastly on 22.02.2017 the complainant was compelled to file a written complaint before the Assistant Director, CA &FBP, Purba Medinipur for amicable settlement, but although the OP did not attend the meeting. The complainant alleged that for deficiency of service of on the part of the OP such a huge electric bill was sent to the complainant. The complainant alleges that they are three members in all and there is very low consumption of electricity in his house. So, in accordance with the average bills send earlier, this amount of bill is quite unnatural and it is certainly due to negligence on the part of the OP the Board disconnected the service connection. The complainant has submitted a schedule wherefrom it is evident that on 01.07.16 the meter reading shows consumption of 191 units per day, on 13.07.2016, 2.31 unit per day and on 07.09.16 the meter reading shows consumption of 3.26 unit per day i.e in total in last three months 4407 units of current has been consumed, whereas since 11.09.14 to 09.06.16 the average consumption of 80 units at an average.
Under the above circumstances, the complainant has filed this complaint case against the OPs for deficiency of service on their part.
The OP no.1 has contested the case by filing written version and contended that the present complaint is not maintainable before this ld Forum.
It is the specific case of this OP that the reading of the meter in the house of the complainant was not taken properly by the Khejuri CCC. Huge accumulation unit was found in his electric meter No. L 1757672. On 31.08.2016 staff of the CCC visited the premises of Mr. Soumen Kumar Maity and found 5712 unit reading in the meter. As a result huge electric bill of Rs. 39,410,00/- was generated. The consumer applied before the OP complaining such huge amount and accordingly staff of the OP inspected the meter on 13.07.2016 and reported that the meter was OK and again insisted upon the complainant to pay the billed amount immediately otherwise the connection will be disconnected. The complainant lodged a complaint before the CA or FBP of Purba Medinipur at Tamluk on 22.02.2017. The OP received the letters but at a later stage for which they could not attend the meeting. Ultimately on 08.11.2016 the service connection in the house of the complainant was disconnected due to non-payment of the arrear dues. The OP contends that if the complainant pays the arrear dues of bill amount, the electric line will be reconnected in his premises.
On the basis of above pleadings of the parties the issues needs consideration are(1) whether the case is maintainable and (2) whether the claimant is entitled to get the reliefs as prayed for.
DECISION WITH REASONS.
We have carefully gone through the complaint on affidavit, the written version of the OPs and the documents filed by the complainant as well as the OP. Heard the ld. advocate for the parties in full.
In this case we find that the meter reading has been challenged by the complainant and the OP has submitted that huge accumulation of unit was found in the electric meter No L 1757672 on 3 1.08. 2016 when staff of the OP visited the premises of the complainant and found 5712 unit reading in the electric meter. As a result huge amount of Rs. 39,410.00 electric bill was raised. Based on the application of the complainant dated 04.0717 technical staff of the CCC visited the premises on 13.07.16 and reported that the meter was OK. Bases on this report OP asked the complainant to pay the electric bill but as complainant did not pay the bill amount the OP disconnected the electric supply line of the complainant.
Ld. Advocate for the OP submitted that Consumer Forum or Civil Court or any other authority has no right to challenge the assessment of electric bill. There are separate provisions in the Electricity Act and rules framed thereunder. It appears that assessment as defined in Sec 126 of the Electricity Act and 145 of the said Act says “ no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in Section 126 or an appellate authority referred to in Sec 127 or the Adjudicating Officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any court or other authority in respect any action taken or to be taken in pursuance of any power conferred by or under this Act.
We find in this case from the meter reading at a glance given by the complainant in para 14 of the complaint:
Date. Total Reading. Time duration Consumption Bill Amount.
11.09.2014 735 3 months
08.12.2014 805 3 months 70 Units Rs. 363.00.
07.03.2015 904 3 months 99 Units Rs.513.00.
12.06.2015 977 3 months 73 Units Rs. 378.00.
10.09.2015 1046 3 months 69 Units Rs. 357.00.
Date. Total Reading. Time duration Consumption Bill Amount
12.12.2015 1109 3 months 63 Units Rs. 331.00.
06.03.2016 1197 3 months 88 Units Rs. 441.00.
09.06.2016 1305 3 months 108 Units Rs. 542.00.
01.07.2016 5506 22 days 4201 Units 191 Unit/per day
13.07.2016 5536 13 days 30 Units 2.31 Unit/per day
07.09.2016 5712 54 days 176 Units 3.26 Unit/per day
Total : 3 months. 4407 Rs 39,509.00
04.01.16 5951 28 days 239
Surprisingly the ld advocate for the OP submitted that huge accumulation was done by the complainant in consultation with the staff of the Op at the time of meter reading and for that reason huge has been assessed after inspection of the meter but there is no document to prove that allegation and when the OP has claimed that there was unholy connection between the complainant and the staff of the OP who took the meter reading at the relevant time, no disciplinary action has been taken against that staff and no document has been filed to that effect. So without any document it can not be said that there was an unh9ly nexus between the complainant and the staff of the OP and as a result on01.07.16 the total reading has been increased and on 13.07.16 the reading was further increased and as a result a sum of Rs. 39,509/- has been generated by the OP.
So we find that though Sec 145 of the Electricity Act 2003 barred the Civil Court to entertain any such challenge but Section 3 of the Consumer Protection Act 1986 says - the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. This Act is for beneficial legislation and Forum should see that the ordinary men should not be harassed by any State Authority.
We have perused all the running page 3 filed by the complainant where entire reading has been given and from the said reading it appears that there was excess reading of the meter and that should further be clearly assessed and the Op should be directed to reconnect the electric service line after verification of the meter again and complainant should pay on average bill amount month by month till the dispute is not settled.
Hence it is,
ORDERED
That the CC No. 300 of 2017 be and the same is allowed in part on contest against the OP.
The OP is directed to re-verify the disputed meter within one month from the date of this order and the complainant will pay the electric bill month by month at an average of Rs. 542/- as on 09.06.16 till the dispute of the meter is settled.
OP is further directed to reconnect the service line of the complainant within one month from the date of this order within one month from the date of this order.
The OP is also directed to pay litigation cost of Rs. 3000/- to the complainant within that time also. Let copy of this order be supplied to both the parties free of cost.
