Ld Advoactes are present. Judgement is delivered in open Commission in 4 pages 2 sheets 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) 201936009 Meter No. GF737578 which he runs for maintaining his livelihood, since last 4/5 years under Opposite Party. Be it noted that the complainant was paying regular bills to the tune of Rs. 10000-15000/- per year till 2017 which was quite reasonable as per yearly consumption of the complainant. No meter reading has ever been taken by the men of Opposite Party at any point of time since installation, which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated till date 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 2017 session, the first bill came on 01.12.2017, and asking the complainant to pay Rs. 76086/- which he duly paid in two installments, firstly on 01.12.2017 to the tune of Rs. 30000/- and then Rs. 46188/- on 16.01.2018. However, the second bill was generated by the Op on 03.08.2018 without any physical meter reading taken by Op’s men, to be tune of Rs. 137650/- and there was hardly meter reading noted in the bill, but showing Rs. 137538/- as “outstanding Due” without any lawful basis. However, being utmost pressurized and apprehending possible disconnection of service line during pick season, the complainant became bound to pay a part thereof, and actually paid Rs. 70000/- on 28.12.2018. Surprisingly, on 05.01.2019, the last bill was issued by the opposite Party asking Rs. 10895/- from the complainant, now showing “ZERO” outstanding amount. Be it mentioned here that all such bills were fictitious, and no meter reading was ever taken by the men of OP. Be it noted that for the last few years, the complainant was paying electricity bills in the range of Rs. Rs. 10000-15000/- 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, on each occasion since 2017, immediately contacted OP’s office and raised objection, both verbally and by way of written representations, 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 01.12.2017, 03.08.2018 & 05.01.2019, and thus such absurd bills are not only erroneous, but also fictitious, bogus and baseless 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 the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. It is quite hopeless to mention that, 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, 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 the complainant is hereby filing this case before the Ld. Commission praying for the following reliefs: To direct the Opposite Party 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 01.12.2017, 03.08.2018 & 05.01.2019. 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.
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 25.01.2016 vide Consumer ID 20193250, Installation NO. 1811567 and Meter No. GF737578. 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. 121/-. All OSD were cleared by the consumer on 06.01.2020. 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.
On scanning and evaluation of the evidence, it appears that the complainant has alleged on oath that no meter reading has ever been taken by the men of Opposite Party at any point of time since installation, which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated till date 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 2017 session, the first bill came on 01.12.2017, and asking the complainant to pay Rs. 76086/- which he duly paid in two installments, firstly on 01.12.2017 to the tune of Rs. 30000/- and then Rs. 46188/- on 16.01.2018. However, the second bill was generated by the Op on 03.08.2018 without any physical meter reading taken by Op’s men, to be tune of Rs. 137650/- and there was hardly meter reading noted in the bill, but showing Rs. 137538/- as “outstanding Due” without any lawful basis. However, being utmost pressurized and apprehending possible disconnection of service line during pick season, the complainant became bound to pay a part thereof, and actually paid Rs. 70000/- on 28.12.2018. Surprisingly, on 05.01.2019, the last bill was issued by the opposite Party asking Rs. 10895/- from the complainant, now showing “ZERO” outstanding amount. He added that all such bills were fictitious, and no meter reading was ever taken by the men of OP. For the last few years, the complainant was paying electricity bills in the range of Rs. Rs. 10000-15000/- 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, on each occasion since 2017, immediately contacted OP’s office and raised objection, both verbally and by way of written representations, 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 01.12.2017, 03.08.2018 & 05.01.2019, and thus such absurd bills are not only erroneous, but also fictitious, bogus and baseless 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 the complainant to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. It is quite hopeless to mention that, 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, despite of receiving objections from him, till date kept the same alive as it is, causing a great mental agony and grievances to him.
In the matter of OP’s bills dated 01.12.2017, 03.08.2018 & 05.01.2019 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 The 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 party issued disputed bills on basis of presumption and not as per actual consumption. Demand of opposite party on basis of higher units shown in bills is illegal, arbitrary and amounted to deficiency in service- In some rural area seasonal cultivation / irrigation depends upon the STW connections. Such type of connections can not be whimsically disconnected. Regular redressal of complain of the consumer is required. Meter should be checked /examined by the expert ; here in the instant case the meter was inspected in a short cut manner 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 bills 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 has 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/196 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 dated 01.12.2017, 03.08.2018 & 05.01.2019 for Consumer ID 201936009, and Meter No. GF737578 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 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.
