Ld Advocates are present. Judgement is delivered 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 and is a physically challenged woman being 75% handicapped. 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 Two separate Service Connection No.(Consumer ID) 201933427 and 201932350 both under the same Meter No. GX009797 which she runs for maintaining her livelihood, since last 10-12 years under Opposite Party. The complainant was paying regular bills to the tune of Rs. 10000-15000/- per year for both her service connections till 2016 which was quite reasonable as per yearly consumption of the complainant. Since 2018 session, two bills came on 03.08.2018 for two service connection, and asking complainant to pay Rs.126822.00/- for service connection no. 201933427, and Rs. 100089.00/- for service connection no. 201932350. The service connection was disconnected by the Op in the month of May, 2018, and hence the said bills are not only illegal, showing fictitious “Meter Reading” and outstanding amount. However, the complainant paid Rs. 84700.00/- for service connection No. 201933427, and Rs. 15300.00/- for service connection No. 201932350, on 28.12.2018. Thereafter, complainant received another two bills on 02.01.2019, asking her to pay Rs. 12752.00/- for service connection No. 201933427 and Rs. 71881.00/- for service connection No. 201932350 and thus the bills were increased in lightning speed. All such bills are fictitious, whimsical and concocted as there was no Meter reading since 17.05.2018 She was just stunned to receive such a bill when her meter was disconnected, by writing a fictitious and absurd amount on the said bill. The Complainant, on each occasion since 29.10.2018, immediately contacted OP’s office and raised objection, both verbally and by way of written representations, for that absurd bill, and then the OP verbally assured her 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 charged to the above tunes of money and OP’s bill dated 03.08.2018 & 02.01.2019, and thus such absurd bills 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 continuously threatening to complainant to pay that absurd and illegal amount. 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 Complainant and moreover, despite 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 complainant filed this case before this 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 by taking Meter reading and to discard the erroneous and fictitious bills dated 03.08.2018, 02.01.2019. 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 conducting 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 complainant . In the written version the op has stated inter alia that the case is not maintainable in its present form and in law. It is submitted that the electric connection was effected at complainant’s non-agricultural premises on 20.12.2015 vide Consumer ID 201933427, Installation NO. 17952477 and Meter No. GX009717. This is a permanent STW service connection. The energy bill is being generated monthly basis. One joint inspection was conducted by this office and Meter Reading was taken in presence of Prabir Sahu, brother of Nilima Sahu on 07.08.2019, Meter Reading was normal-22943, units, Peak-16943 units, Off Peak-13415 units and the readings were duly authenticated by Bapi Mondal, Inspection sheet has been attached. After inspection it was found the Meter was fully functional and working correctly. Present OSD as on 31.01.22 is Rs. 71715/-. Bills were not paid since 06.06.2018. It is, therefore, prayed that the present Case may be rejected.
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 against the op- ; the bundle of facts indicate that this case is maintainable in its present form and in law.
The Consumer / Complainant was having STW connection of electricity and paying electricity charges regularly to opposite parties. The complainant has alleged on oath that Complainant never consumed any such units /quantity electrical energy at any point of time till date so that she can be charged to the above tunes of money and OP’s bills dated 03.08.2018 & 02.01.2019, areabsurd bills . These are not only erroneous, but also fictitious, bogus baseless and purposive to cause huge loss to the Complainant.
He received two bills came on 03.08.2018 for two service connection, and asking complainant to pay Rs.126822.00/- for service connection no. 201933427, and Rs. 100089.00/- for service connection no. 201932350. claimed as arrears/outstanding dues over and above normal consumption charges during period Complainant demanded details of amount illegally shown in the bills but officials refused to give any details and threatened to disconnect/ or disconnected supply of electricity on ground of non-payment of balance deposit of illegal amount - 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 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 two bills came on 03.08.2018 for two service connection, and asking complainant to pay Rs.126822.00/- for service connection no. 201933427, and Rs. 100089.00/- for service connection no. 201932350 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 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/193 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 03.08.2018 for two service connection asking complainant to pay Rs.126822.00/- for service connection no. 201933427, and Rs. 100089.00/- for service connection no. 201932350 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 wiil 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.
