Judgment & Order dt. 20.09.2017
This case provides a glaring example of how the Forum’s order is defied and how the complainant is driven to the threshold of the Forum again and again by the OP electricity department in order to seek same kind of remedy from the Forum.
The facts leading to the filing of the instant case may be epitomized as follows.
The complainant is a marginal agriculturist who took a STW connection, consumer ID No.433014112 for the purpose of cultivation of his land. The trouble erupted with electric bill dt. 7.3.2013, whereby the OP department demanded Rs.36,017/-, showing an outstanding amount of Rs.35,177 therein. The demand of the electricity department i.e. OPs seemed to be much excessive to the complainant and therefore, he filed a complaint case i.e. CC No. 42/2013 on 13.5.2013, challenging the above bill. Judgment was passed on 12.9.2013 in that case in contested form and the aforesaid bill dt. 7.3.2013 was quashed by the Forum, directing the OPs to issue a fresh bill, pay compensation of Rs.2,000/- to the complainant. That order of the Forum was not complied with by the OPs and therefore, the complainant was forced to file an execution application (E.A.) case vide E.A. 1/2014, on 13.1.2014. After filing of this execution application case the OPs issued a fresh bill on 25.6.2014 for Rs.15,738/- and the electric line of the complainant was also restored on 26.11.2014. The complainant paid the aforesaid amount of the fresh bill in two installments. But, the chapter was not closed; its trail was left behind even thereafter. Again, an electric bill was issued by the OPs on 28.2.2015 and thereby they demanded Rs.62,870/-, showing an outstanding amount of Rs.61,906/- for February 2013, May 2013 to August, 2013 without mentioning any consumption of energy. Thereafter also, another bill dt. 13.3.2015 for Rs.63,884/- was also slapped on the complainant by the OPs followed by disconnection notice dt. 23.3.2015 demanding Rs.61,906/-. The complainant’s repeated requests to consider his case fell flat upon the OPs. Finding no other way open, the complainant filed another case i.e. CC No.24/2015 before this Forum challenging the genuineness of the aforesaid two bills i.e. bills dt. 28.2.2015 & 13.3.2015. The case was heard in contested form and order was passed by the Forum on 15.9.2015 directing the OPs to issue a fresh bill after deducting the amount of Rs.39,790/- which was charged as LPSC. But, far be it from complying with the aforesaid order of the Forum, the OPs kept issuing bills on 8.2.2016, 4.4.2016, 2.6.2016 and 2.12.2016 against the complainant demanding even more amount than bills dt. 28.3.2015 and 13.3.2015. On 3.2.2017 another bill was also issued, demanding Rs.38,187/- for February 2013, May 2013 to August, 2015. All the requests of the complainant to consider his case in terms of the order of the Forum turned into the blind alley. Rather, his electric line was disconnected from 6.3.2017 by the OPs without giving any kind of notice or intimation thereof. The complainant wrote letters on 14.3.2017 and 23.3.2017 to OPs praying for reconsideration of the above bills, but, his requests fell on the deaf ears of the OPs.
Now, the complainant has again approached the Forum with filing of the instant case and it has been filed inter alia with following prayers:-
- That the bills dt. 8.2.16, 4.4.16, 2.6.16, 2.12.16, 3.2.17 and 4.4.17 be declared as illegal, concocted and baseless;
- That a direction be issued to the OPs to send bills regularly according to consumption of energy, and
- That an order directing payment of compensation of Rs. 80,000/- be passed against the OPs for deliberate harassment and mental agony caused to him by the OPs.
Both the OPs are contesting the case by filling a joint written statement wherein it is mainly contended that the judgment passed in CC No.24/2015 was received by them; but same was somehow misplaced and for this reason the said judgment / order has not been complied with by the OPs and for this fault of them, they may be excused. The further contention of them is that bills were issued on ‘zero’ consumption basis, demanding only fixed charge. The complainant is required to pay it and as he did not pay it, the electric connection was snapped. There is no deficiency in service on their part as alleged by the complainant and as such the case should be dismissed in limini.
Upon the averments of both sides, the following points are formulated for consideration in this case.
Points for determination:
- Are the OPs liable for deficiency in service for issuing electric bills, which are alleged to be bogus, concocted, whimsical and illegal?
- Are the OPs guilty of deficiency in service for defying order of Forum?
- Is the complainant entitled to compensation and if so, to what extent?
- Is the complainant entitled to other remedies as prayed for?
Evidence of the Parties:
The complainant has filed an affidavit-in-chief which is kept in record. He has also filed some documents which are marked as Ext. Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9-series, 10-series, 11, 12 series, 13 and 14, detailed in the list of documents kept in the record. On the other hand, no evidence whatsoever has been led on behalf of the OPs.
DECISION WITH REASONS
Point No.1
Ld. Lawyer appearing for the OPs has contended that it has been a great folly on the part of OP department not to comply with the order of the Forum passed in CC No.24/2015 and that the OP department may be excused for the lapse for this time being. It is further submitted by him that no demand is made against the complainant for consumption of energy; bills have been issued demanding fixed charge and the complainant has not been paying even one of such bill since a few years back. According to him, bills have been issued properly in terms of the Regulation of the department and there is no reason to declare those bills as illegal, concocted and whimsical.
Ld. Lawyer appearing for the complainant has contended that the judgment was passed in CC No.24/2015 by this Forum and by that judgment of the Forum, the OPs were asked to submit a fresh bill after having deducted Rs.39,790/- which was charged as LPSC. That order of the Forum has never been complied with by the OPs. Though, the OPs have forgotten to comply with the said order of the Forum, they have not forgotten to issue bills month by month to the complainant having demanded an astronomical figure. These bills are having no foundation at all and the demands made therein are completely concocted and whimsical. Non-compliance of order of the Forum and the subsequent issue of concocted bills go a long way to impress one thing and only one thing that the OPs have been deliberately violating the Forum’s order in order to teach a good lesson to the complainant who approached the Forum with filing of the case. He further submits that such defying tendency of the OPs and consequent harassment of the complainant can be put to an end, if a heavy amount of compensation is slapped on the OPs.
Perused the complaint, affidavit-in-chief, documents / bills filed by the complainant and also the written statement filed by the OPs. Considered all these in their proper perspective. Also considered the submission of the Ld. Lawyer as pointed out above.
It is alleged on behalf of the complainant that the bills issued by the OPs are concocted, illegal and whimsical. In the context of such allegation of the complainant, it is to be seen whether there is any truth in the said allegation of the complainant. Six bills have been challenged herein as being illegal and whimsical and these bills are ranging from 28.2.2015 to 2.12.2016. The bill with billing dt. 28.2.2015 is the first bill and by this bill Rs.62,880/- is demanded by the OPs from the complainant, mentioning outstanding amount of Rs.61,906.19 therein. Of them, the last bill is dt. 2.12.2016 and by it, a sum of Rs.85,881/- is demanded from the complainant by the OPs, mentioning outstanding amount of Rs.84,833/- therein. A perusal of these bills goes to reveal that there is no consumption unit mentioned in those bills. No previous meter reading date is also mentioned therein. Huge amount is seen to have been charged in those bills as outstanding amount. In all bills the period is mentioned in platitudinarian manner, i.e. February 2013, May 2013 to August 2013 and onwards. Last bill dt. 2.12.2016 also shows outstanding amount for the period for February 2013, May 2013 to June 2015 and the outstanding amount is Rs.84,833.39. Nothing is mentioned in the bills as to whence is what.
Now to see whether the Provision of Electricity Regulation has at all been complied with by the OPs while issuing electric bills as mentioned above. Regulation 3.2 of W.B. Electricity Regulatory Commission (Electricity Supply Code) Regulations 2013, provides that some particulars are to be mandatorily mentioned in the electric bills by licencee and among these are meter number, meter reading date, present and previous; unit of consumption etc. Regulation 3.1.1 requires that meter reading is to be taken by the OPs and the said meter reading is to be noted down on a card or book which shall be kept where the meter is located.
In the instant case, it is not the case of the OPs that the meter was defunct or defect. The disputed electric bills relate from 28.2.2015 to 2.12.2016 and there is no averment, not to speak of any evidence that the meter of the complainant was defunct during this period. If the meter is not defunct or defect, whatever may be, within this period, it is expected that the bills must be issued in accordance with the regulations as mentioned above. But, there is no consumption unit mentioned in those bills. There is no adjustment unit or estimated unit also mentioned in those bills. Only fixed charge or demand has been made by the OPs in those bills. It is not the case of the OPs that the pump set of the complainant did not work within that period. The bill of 2013 with billing dt. 7.3.2013 which was the subject matter of previous case bearing CC No.42/2013 before this Forum does not also mention any consumption unit in it. Regard being had to all these bills ranging from 2013 to 2017 (vide bill dt. 4.4.2017 for Rs.50,283/0), we come to find that the bills have been issued on ‘zero’ consumption basis and it means that the pumping set of the complainant has never run within this period. But, the fact seems to be otherwise, the pump set was not in defunct position throughout the above mentioned entire period i.e. from 2013 to 2017 and if so, why consumption of energy has not been recorded by the office of the OPs. There is a meter in the pump house to record the consumption of energy and still, the consumption of energy is not reflected in all the above bills issued during this period referred to above. The bills are only issued on ‘zero’ consumption of energy. We find no plausible explanation from the OPs as to why the consumption of unit is not mentioned in the bills and why bills are issued on ‘zero’ consumption basis. No reply is available from the OPs to our satisfaction in that regard. We come to find that the provisions of Regulations that are pointed out above have been given a clear go-by by the OPs. Consumption unit are not mentioned in the bills, meter reading is not recorded either in card or in book, no card or book is kept in the meter room and previous reading date of the meter is never mentioned in the bills. The OPs have not ever followed the regulations in raising electric bills. The electric bills are found to be not raised in accordance with the provisions of law / regulations. That whose birth is not lawful cannot be regarded as legitimate being. It is illegitimate child – a bustard child. Similarly, all the bills as mentioned above ranging from 2015 to 2017 are ill-born bills, fathered by the OPs. We feel no pangs whatsoever to say that these bills are also concocted, illegal and illegitimate and the OPs cannot demand any money from any one much less the complainant with the help of bills of such ilk.
The disputed bills as afore mentioned are not only illegal or ill-born, but they are also whimsical and arbitrary. It has been submitted on behalf of the OPs that the bills include only fixed charge / demand, which is more or less Rs.1,000/- a month. If this be so, for the period from May, 2013 to June, 2015 (26 months), vide bill dt. 2.12.2016, Rs.26,000/- can be payable to the OPs on this count at the most from the complainant. That apart, the complainant is also entitled to a deduction of Rs.39,790/- as LPSC in terms of order passed in CC No.24/2015. That amount, if taken into consideration, the total amount of fixed charge / demands stands set off entirely. But, the last bill dt. 2.12.2016 is seen to have been issued demanding Rs.85,881/-. We cannot understand how such astronomical figure is mentioned in the electric bill and especially when no explanation much less plausible explanation is available from the OPs. Regard being had to these aspects; we make no scruple to say that all the bills as aforesaid are whimsical and arbitrary.
The electricity department cannot recover even a farthing without supplying true account of their demands to the consumers. The OPs are seen to have played ducks and drakes with hard-earned money of common people and recovery of money from the common people without accounting for it in details is a kind of extortion of money. Evident no less is rampant extortion which masquerades as lawful recovery of “outstanding dues”. Common people, i.e. the citizens of the country have Right to Information and no one can deny such rights to them. The OPs are bound to give information in details as to how much is recovered and in which heads. The electric bills must be prepared in such a way that all such information in details regarding payment of money to the OP / electricity department are reflected in the bills, otherwise the bills will be ghost bills and without any legal existence and the recovery of unaccounted money will be tantamount to extortion. The electricity department i.e. OPs must cross their t’s and dot their i’s while issuing the electric bills claiming any money from the consumer. It has been submitted on behalf of the OPs that the complainant has not paid any electric bill as yet. Our question is: how will the complainant make payment on the basis of the ghost bill of the OPs. The complainant cannot be blamed for not making any payment of the ghost bill. OPs 1 & 2 are the heads of the electric department and as such they should monitor the work of their office. Had they maintained an eagle eye over the work of the office, no anarchy would have arisen in drawing up of electric bills. Their negligence, which is seen to be personified, in maintaining a constant look-out has resulted in whimsical and arbitrary preparation of the electric bill. The revised bill dt. 3.2.2017 whereby the amount has plummeted from Rs.85,881/- (vide bill dt. 2.12.2016) to Rs.48,187/- makes our point all the more forceful.
Upon what have been discussed above we are of the opinion that the disputed electric bills as mentioned above are bogus bills and the OPs have committed deficiency in service by issuing such kind of bills. The Point No.1 is thus disposed of in favour of the complainant.
Point No.2
It has been urged on behalf of the complainant before the Forum that the Court / Forum’s order has been set at naught by the OPs. Let us examine whether the OPs have actually defied the order of the Forum. The first case being CC No.42/2013 was filed by the complainant on 13.5.2013 against the OPs and judgment was passed therein in contesting form against the OPs. Bill dt. 7.3.2013 was quashed therein and the OPs were directed to issue a fresh bill and restore the connection of the complainant. The said bill i.e. bill dt. 7.3.2013 was relating to the month of February 2013 and backward. When the said bill was totally quashed by the Forum in CC No.42/2013, the OPs cannot claim any payment for the said period. But, it is found on perusal of the disputed bills that claim is made in each and every disputed bill for February 2013. Issue of bills for the month of February 2013 is akin to flouting the order passed in CC No.42/2013 by this Forum. It is violation of order of the Forum by the OPs.
Again, the OPs are seen to have flouted the Forum’s order in CC No.24/2015, which was filed also by the complainant against the OPs. Order was passed on 15.9.2015 directing the OPs to issue a fresh bill after deducting the amount of Rs.39,790/- which was charged as LPSC. This order of the Forum was never complied with by the OPs and without complying with it, they kept on issuing bills to the complainant on 8.2.2016, 4.4.2016 and 2.12.2016. By bill dt. 2.12.2016 Rs. 85,881/- has been charged against the complainant and thereby the Forum’s order as mentioned above as passed in CC No.24/2015 has been relegated to unimportance. In the complaint case of 2013, arcanum were laid at rest when the payment of Rs.15,000/- was made by the complainant. But, the OPs kept the ember alive by mentioning February 2013 as the month of outstanding amount in all their bills. The act of issuing disputed bills without complying with the order passed in CC No.24/2015 is gross defiance of the Forum’s order.
It has been contended on behalf of the OPs that the order passed in CC No.24/2015 has been complied with on 3.2.2017 i.e. much before the filing of the instant case which was filed on 8.5.2017. The order in CC No.24/2015 was passed on 15.9.2015 and revised bill is seen to have been filed on 3.2.2017 in compliance with that order. The explanation of inordinate delay given by the OPs for not complying with the aforesaid order of the Forum does not appear to be satisfactory. That apart, we do think that the order of the Forum has not been lawfully complied with, by the revised bill dt. 3.2.2017. By this revised bill dt. 3.2.2017, a sum of Rs.48,187/- is demanded from the complainant, showing outstanding amount of Rs.47,139.08. This bill also reflects that the outstanding amount is claimed for February 2013 and May 2013 to August 2015. We have already stated that the OPs cannot make any claim for February 2013, because that dispute has been put to an end in CC No.42/2013. In the revised bill, no amount of consumption unit is mentioned; nor is any estimated or adjustment unit also mentioned therein. No previous reading date has also found any place in that bill. This being so, we do not feel a least hesitation to say that this revised bill dt. 3.2.2017 is also bogus bill and by this bill Court’s / Forum’s order passed in CC No.24/2015 cannot be said to be reasonably and substantially complied with. It is not fact that the Forum’s order passed in CC No.24/2015 was not in the knowledge of the OPs. The OPs contested the said case and the order was also passed therein in contesting form. So, taking all these things into consideration we venture to say that the OPs do not hesitate to ride roughshod over the order of the Forum. Had the said order of the Forum been properly complied with by the OPs without inordinate delay, the complainant would not have filed the instant case before the Forum. It is non-compliance with that order of the Forum which has impelled the complainant to file the instant case. By not complying with that order of the Forum, OPs have lowered image of the Forum before the public; they have sent a lesson to the public that “the law cannot help you and we are above the law”. Such tendency or such view of the OPs is considered to be a menace to a democratic country like ours and it should be curbed by imposition of a heavy compensation. Point No.2 is thus answered in favour of the complainant.
Point Nos. 3 & 4:
The complainant is a poor marginal farmer; he is neither a millionaire nor a billionaire. He earns livelihood of himself and his family by drudgery and distress to which he is habitually inured. To earn a few thousand rupees in a year is a distant dream to him. Slapping payment of Rs.85,000/- is likely to rob him of his normal sleep at night. He has approached OP-1 time and again for redressal of his grievance; he has also written many letters to him seeking redressal of his grievance vide Ext Nos. 3, 13, etc., but, the OPs have played the role of fence-sitters. The complainant has certainly sustained a lot of agony due to slapping of the bogus bill claiming astronomical figure.
To sum up, all the six disputed bills as mentioned above are declared to be bogus, concocted, whimsical, illegitimate and illegal bills and by the issue of such type of bills, the OPs have certainly committed deficiency in service. They have also committed deficiency in service by flouting the order of the Forum. The complainant has sustained a heavy loss due to physical harassment and mental agony. The loss of the complainant can be mitigated and the deliberate flouting of the order of the Forum can be curbed by imposition of heavy compensation upon the OPs. All the disputed bills should be cancelled and the complainant need not make any payment of those bills. But, he will have to make payment only when fresh bill is issued by the OPs mentioning all details as to the heads of payment and amount of payment as against each head. Both points are thus, answered accordingly in favour of the complainant.
In the result, the case succeeds.
Hence,
O R D E R E D
that the instant complaint be and the same is allowed on contest against the OPs with costs which is quantified at Rs.5,000/-.
The OPs are directed to pay Rs.50,000/- (Rupees Fifty thousand only) as compensation to the complainant by A/c Payee cheque to be deposited before the Forum, for his physical harassment and mental agony caused by the defiance of Court’s / Forum’s order by the OPs along with a sum of Rs.5,000/- (Rs. Five thousand only) as litigation costs as mentioned above within a month of this order, failing which the compensation amount i.e. Rs.50,000/- will bear interest @ 12% p.a. till the full realization.
The OPs are debarred from disconnecting the electric line of the complainant and they can only disconnect it when their bill, lawfully prepared and served upon the complainant, is not paid by the complainant. The OPs are at liberty to demand fixed charge from the complainant, without being swerved by any discussion as made earlier, for the period of six disputed bills and bill dt. 4.4.2017 Invoice No. 400016325877 i.e. from May, 2013 to October, 2015, subject to adjustment of Rs.39,790/- in compliance of order in CC No.24/2015, but they will not be able to charge the complainant with any other payment on account of energy consumption and LPSC over that period of disputed bills, because no record is maintained by them for such consumption of energy. Out of the compensation, the complainant will deposit Rs.20,000/- to the Legal Aid Account of the Forum, when he receives the said amount, which will go to the giving of Legal Aid to the helpless and hapless consumers of our country.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
