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 Service Connection No.(Consumer ID) 201872905 Meter No. GX023586 which he runs for maintaining his livelihood, since last few years under Opposite Party. Be it noted that since installation, the OP never ever took any actual meter reading, rather they have not provided any Meter Reading Card to the complainant, and thus on each and every occasion, a fictitious ‘average bill;’ has been issued most of the time with ‘zero meter reading’ and on other times by ‘fictitious meter reading’ mentioned in the bills, and the complainant has been forced to pay whimsical amounts on monthly basis. Thus, the complainant became utmost hopeless and astonished by the activities of the Op, when he received the first bill of 2019 dated 02.01.2019 for the amount of Rs. 70.00/-, and second bill dated 25.02.2019 for the amount of Rs. 66.00/- both having ‘zero meter reading’ and no outstanding dues, but the third one dated 02.05.2019 again showing ‘zero meter reading’ but an amount of Rs. 16845/- as ‘outstanding dues’ for May, 2019, and then the next one on dated 01.08.2019, again showing ‘zero meter reading’ but now an amount of Rs. 20731/- as ‘outstanding dues’ for May, 2019 July 2019. Despite of rising protest and written representation before the Op, the complainant was however forced to pay the said illegal, absurd and fictitious bill amounting Rs. 20801/- on 14.08.2019 over the threat of disconnection made by the Op. That thereafter the next bill was issued by the Op on 25.10.2019 and in this bill, in order to make haphazard ‘stage manage’, a fictitious and absurd meter reading was noted, but despite of realizing the whole of the ‘outstanding dues’ in the previous bill dated 01.08.2019, an amount of Rs. 478/- was added as ‘outstanding due’ and a total amount of Rs. 2076/- was claimed. The complainant, in order to save his service connection from the threat of disconnecting, had to pay that amount on 07.11.2019. Then the complainant received another bill on 27.11.2019, asking him to pay Rs. 8708/- again showing fictitious meter reading, thus the bill were increased in lighting speed. The complainant again had to pay that amount on 09.12.2019. Thereafter the two bills were issued in 2020, one on 09.01.2020 asking him to pay Rs. 10536/- and another on 08.02.2020 demanding Rs. 16092/-. Thus all such bills are fictitious, whimsical and concocted as there was no Meter reading since beginning, and although there were trifle readings noted, but the Op demanded those absurd amounts in the name of outstanding amounts and ‘estimated basis’. The actual meter reading on present date, as showing by the meter hanging in the premises of the complainant, is much lower, and the meter is still running quite accurately, but on the above bills, the OP purposefully mentioned fictitious meter readings and did not bother to mention that ‘meter seems defective’. The Complainant on each occasion since 11.05.2019 and then on 09.12.2019 and 03.02.2020, 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 offices, and but later sent his henchmen to threaten the complainant to pay such absurd bills, failing which his service connection would be disconnected. 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 such absurd amount of electrical energy at any point of time till date so that he can be charged to the above tunes of money 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, in spite 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 pay that absurd and illegal amount. Till date the OP took no effort to rectify the same or to take any physical meter reading, 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 complainant is hereby 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 09.01.2020 & 08.02.2020. 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.
The op has contested the case by filing written version against the complaint. In the written version the op has stated inter alia that the case is not maintainable in its present form and in law. The instant (Shallow Tube Well) STW connection is industrial connection. So, the complaint is not maintainable. All the statements made in the present case are denied save and except what are matters of record. The complainant committed default for payment of electricity consumption dues and several notices under section 56(1) of the Electricity Act have been served but failed to pay the bill and after inspection it is found that the meter is defective. So, as per Notification dated 07.08.2013 average consumption bill has been served and estimated the bill by computer for estimates No- Normal P-Peak, O- Off peak have been considered and average bill has been generated by computer and served notices upon the Complainant. But the Complainant did not pay the bill. So, necessary steps have been taken. That no suit for correction of meter reading may be made by any Court as per law. The Connection is Industrial vide STW Connection Shallow Tube Well connection and the Complainant is doing business of selling water through Shallow Tube Well in and around the locality and thus he will have to pay the bill otherwise he is not entitled to get any relief from the Ld. Forum. Thus, the case should be dismissed.
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-. Service Connection No.(Consumer ID) 201872905 Meter No. GX023586 is run by the complainant 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 that since installation, the OP never ever took any actual meter reading, rather they have not provided any Meter Reading Card to the complainant, and thus on each and every occasion, a fictitious ‘average bill’ has been issued most of the time with ‘zero meter reading’ and on other times by ‘fictitious meter reading’ mentioned in the bills, and the complainant has been forced to pay whimsical amounts on monthly basis. Thus, the complainant became utmost hopeless and astonished by the activities of the Op, when he received the first bill of 2019 dated 02.01.2019 for the amount of Rs. 70.00/-, and second bill dated 25.02.2019 for the amount of Rs. 66.00/- both having ‘zero meter reading’ and no outstanding dues, but the third one dated 02.05.2019 again showing ‘zero meter reading’ but an amount of Rs. 16845/- as ‘outstanding dues’ for May, 2019, and then the next one on dated 01.08.2019, again showing ‘zero meter reading’ but now an amount of Rs. 20731/- as ‘outstanding dues’ for May, 2019 July 2019. Despite of rising protest and written representation before the Op, the complainant was however forced to pay the said illegal, absurd and fictitious bill amounting Rs. 20801/- on 14.08.2019 over the threat of disconnection made by the Op. That thereafter the next bill was issued by the Op on 25.10.2019 and in this bill, in order to make haphazard ‘stage manage’, a fictitious and absurd meter reading was noted, but despite of realizing the whole of the ‘outstanding dues’ in the previous bill dated 01.08.2019, an amount of Rs. 478/- was added as ‘outstanding due’ and a total amount of Rs. 2076/- was claimed. The complainant, in order to save his service connection from the threat of disconnecting, had to pay that amount on 07.11.2019. Then the complainant received another bill on 27.11.2019, asking him to pay Rs. 8708/- again showing fictitious meter reading, thus the bill were increased in lighting speed. The complainant again had to pay that amount on 09.12.2019. Thereafter the two bills were issued in 2020, one on 09.01.2020 asking him to pay Rs. 10536/- and another on 08.02.2020 demanding Rs. 16092/-. Thus all such bills are fictitious, whimsical and concocted as there was no Meter reading since beginning, and although there were trifle readings noted, but the Op demanded those absurd amounts in the name of outstanding amounts and ‘estimated basis’. Be it further noted that the actual meter reading on present date, as showing by the meter hanging in the premises of the complainant, is much lower, and the meter is still running quite accurately, but on the above bills, the OP purposefully mentioned fictitious meter readings and did not bother to mention that ‘meter seems defective’. The Complainant on each occasion since 11.05.2019 and then on 09.12.2019 and 03.02.2020, 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 offices, and but later sent his henchmen to threaten the complainant to pay such absurd bills, failing which his service connection would be disconnected. 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 such absurd amount of electrical energy at any point of time till date so that she can be charge to the above tunes of money 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 staffs continuously threatening the complainant to pay that absurd and illegal amount. Till date the OP took no effort to rectify the same or to take any physical meter reading, 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 resisted the claim of the complainant and asserted that The complainant committed default for payment of electricity consumption dues and several notices under section 56(1) of the Electricity Act have been served but failed to pay the bill and after inspection it is found that the meter is defective. So, as per Notification dated 07.08.2013 average consumption bill has been served and estimated the bill by computer for estimates No- Normal P-Peak, O- Off peak have been considered and average bill has been generated by computer and served notices upon the Complainant. But the Complainant did not pay the bill. So, necessary steps have been taken. In para 22, 4th line of the WV dated 09.12.2020 the op has admitted that after inspection it was found that the meter was defective. When it was found that the meter was defective, the op would have taken the average of last six months meter reading from the date of detection of defect of meter .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. Op never took monthly meter reading. Demand of opposite party on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service. In some rural areas 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. 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 09.01.2020 & 08.02.2020 for service connection No.(Consumer ID) 201872905 Meter No. GX023586 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/188 of 2020 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 bill dated bills dated 09.01.2020 & 08.02.2020., for Service Connection No.(Consumer ID) 201872905 Meter No. GX023586 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.
