Ld Advocate for the complainant is present. Judgement delivered in open Commission in 4 pages 2 separate sheet 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, and he holds two separate service connections there, (a) vide his Service Connection No.(Consumer ID) 201492764 Meter No. IX05060 and (b) vide his service connection No. (Consumer ID) 201492796, Meter No. IX005104 which he runs for maintaining his livelihood, since last many years under Opposite Party. The complainant was paying regular bills to the tune of Rs. 10000-15000/- per year till 2019 which was quite reasonable as per the yearly consumption of the complainant. Since installation till date, the OP has never ever took any meter reading from the premises of the Complainant, which can be clearly visible from the Meter Reading Cards which are completely blank. 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. The last bill which was paid by the Complainant for service connection No. 201492796 was on 15.12.2020, amounting Rs. 1200/- and the main features of this bill is that, there was no outstanding amount in the said bill. Similarly the last bill which was paid by the complainant for service connection No. 201492764 was on 07.10.2020, amounting Rs. 28,985/- and here also, the main features of this bill is that, there was no outstanding amount in the said bill. Surprisingly, on 30.09.2021, the bill was issued by the opposite Party for service connection No. 201492796 asking the complainant to pay an absurd sum of Rs. 201432/- from the complainant now showing Rs. 201364.25/- as ‘Outstanding amount” moreover it mentioned the meter reading as ZERO. That again, on the same day, i.e. on 30.09.2021, another bill was issued by the opposite Party for service connection No. 201492764 asking the complainant to pay an absurd sum of Rs. 63,187/- from the complainant here showing Rs. 63119.34/- as ‘Outstanding amount” Moreover it mentioned the meter reading as ZERO. Thus, such bills are not just absurd, but also reflects the deliberate, desperate and whimsical attitude of the Op, and not only that, when the complainant went at their office to challenge such bogus bill of Rs. 201432/- + Rs. 63187/- for both the service connection, he was firmly advised by the Op to pay the full amount immediately, otherwise his service connection shall be disconnected in the peak of season, thus played the game of blackmailing also. It is mentioned that for the last few years, the Complainant was paying electricity bills in the range of Rs. 10000-15000/- per year, and never failed to pay any other previous bills, and he was just stunned to receive such a bill without taking any meter reading, by mentioning old and discarded meter number and by writing a fictitious and absurd amount in the name of “outstanding amount” on the said bill. 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, rather continuously blackmailed him. 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 30.09.2021, are not only erroneous and absurd but also fictitious, bogus baseless without taking any meter reading 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 Ops staffs 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 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 30.09.2021. 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 conduction this case and to pass such other orders of relief as the Ld. Commission may deem fit and proper.
Notice was issued and served upon the OP. The OP has not turned up to contest the case; hence the case preceded ex-parte against the OP
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the complainant entitled to the relief(s) as sought for?
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, evidence 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 holds two separate service connections there, (a) vide his Service Connection No.(Consumer ID) 201492764 Meter No. IX05060 and (b) vide his service connection No. (Consumer ID) 201492796, Meter No. IX005104 which he runs for maintaining his livelihood, since last many years 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 he was paying regular bills to the tune of Rs. 10000-15000/- per year till 2019 which was quite reasonable as per the yearly consumption of the complainant. Since installation till date, the OP has never ever took any meter reading from the premises of the Complainant, which can be clearly visible from the Meter Reading Cards which are completely blank. 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. The last bill which was paid by the Complainant for service connection No. 201492796 was on 15.12.2020, amounting Rs. 1200/- and the main features of this bill is that, there was no outstanding amount in the said bill. Similarly the last bill which was paid by the complainant for service connection No. 201492764 was on 07.10.2020, amounting Rs. 28,985/- and here also, the main features of this bill is that, there was no outstanding amount in the said bill. Surprisingly, on 30.09.2021, the bill was issued by the opposite Party for service connection No. 201492796 asking the complainant to pay an absurd sum of Rs. 201432/- from the complainant now showing Rs. 201364.25/- as ‘Outstanding amount” moreover it mentioned the meter reading as ZERO. That again, on the same day, i.e. on 30.09.2021, another bill was issued by the opposite Party for service connection No. 201492764 asking the complainant to pay an absurd sum of Rs. 63,187/- from the complainant here showing Rs. 63119.34/- as ‘Outstanding amount” Moreover it mentioned the meter reading as ZERO. Thus, such bills are not just absurd, but also reflects the deliberate, desperate and whimsical attitude of the Op, and not only that, when the complainant went at their office to challenge such bogus bill of Rs. 201432/- + Rs. 63187/- for both the service connection, he was firmly advised by the Op to pay the full amount immediately, otherwise his service connection shall be disconnected in the peak of season, 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, rather continuously blackmailed him. 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 30.09.2021, are not only erroneous and absurd but also fictitious. 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 Ops staffs 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.
The op has not challenged the claim of the complainant which he asserted in evidence on oath. From the unchallenged averment, above evidence on oath and the documents it appears that the complainant has been able to prove his case. The complainant has been able to prove elements of deficiency of service and unfair trade practice against the OP. The complainant is entitled to get the relief as follows. The opposite party requires to be directed to raise fresh bill discarding the bill dated 30.09.2021 according to average of meter reading of preceding six months from date of disputed bill i.e. 30.09.2021 for Service Connection No.(Consumer ID) 201492764 Meter No. IX05060 and (b) vide his service connection No. (Consumer ID) 201492796, Meter No. IX005104 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/151 of 2021 be and the same is allowed in part ex-parte against the OP.
The OP is hereby directed to raise fresh bill discarding the bill dated 30.09.2021 according to average of meter reading of preceding six months from date of disputed bill ie30.09.2021 for Service Connection No.(Consumer ID) 201492764 Meter No. IX05060 and (b) service connection No. (Consumer ID) 201492796, Meter No. IX005104 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 bill 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.
