Karnataka

Chitradurga

CC/1/2016

M.Vijaykumar S/o. Gurusiddaiah - Complainant(s)

Versus

The Asst Executive Engineer, BESCOM - Opp.Party(s)

K.S.Vijaya

18 Jul 2016

ORDER

COMPLAINT FILED ON : 11/01/2016

     DISPOSED ON: 18/07/2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

CC. NO. 1/2016 DATED:  18th July 2016

 

PRESENT :-     SRI. T.N. SREENIVASAIAH      PRESIDENT                                      B.A., LL.B.,

                        SMT.G.E.SOWBHAGYALAKSHMI,       

                                         B.A., LL.B.,                   MEMBER

 

COMPLAINANT	M. Vijaykumar, S/o Gurusiddaiah, Postal Assistant, Office of the Superintendent Post Officers, Chitradurga.   (Rep by Sri.K.S. Vijaya,  Advocate)
OPPOSITE PARTIES	1. The Assistant Executive Engineer, BESCOM, Shivamoga Road, Holalkere.   2. The Executive Engineer, BESCOM (M.T. Sub-Div) Chitradurga.   (Rep by Sri. M. Umesh, Advocate)

SRI. T.N. SREENIVASAIAH. PRESIDENT.

ORDER

 

The complainant has filed a complaint U/s 12 of C.P. Act 1986 against the OPs for a direction to inspect Electricity Connection, earthing connection, wiring including electrical points, earthing points and light points of the building and to replace a good and proper working digital electricity meter, to pay Rs.10,000/- for engaging local electrical contractor to cheque the said work, Rs.1,00,000/- for mental agony and Rs.25,000/- towards legal and other expenses.

 2.    The brief facts of the case of the complainant are that, he is the owner of house situated at Basava Layout, Holalkere town and its Electricity Meter Number is HL-AEH 423.  It is further submitted that, the said house is rented to one Ashok Kumar G.S since 2013.  In the month of January 2014, OP No.1 fix the digital meter by replacing the old meter to the said electricity meter and after fixing the new digital meter the bill for the month January 2014 was Rs.8,838/- instead of regular bill for Rs.120 to 150 or even up to Rs.250/-.  Further it is submitted that, the tenant of the complainant gave a complaint on 07.01.2015 to the OP No.1 in this regard but, OP No.1 has not taken any action till 21.02.2015.  Again OP No.1 issued bill for the month of February for Rs.8,838/-.  After receiving the bill, the tenant of the complainant gave a complaint to OP No.2 on 21.02.2015 and requested to take necessary action.  Later the complainant and his tenant tested the energy meter, earthing and the wiring with the help of an expert and came to know that, there was no problem with the wiring or earthing but, the energy meter was not working problem. 

It is further submitted that, on 17.03.2015 the tenant of the complainant has given a letter to OP No.1 intimating about the testing of energy meter, wiring and the earthing with the help of expert and requested to take proper and suitable action by paying Rs.100/- on the same day for meter testing lab charges.  On 18.03.2015, OP No.1 visited the house of the complainant to test the meter and came to the conclusion that, meter calibrated and directed to replace the meter but, till July 2015, OPs have not replace the meter or take any action but, issued a bill for Rs.11,396/- and also issued a notice bearing No.824 on 10.07.2015 instructing the complainant to pay Rs.28,373/- within 7 days from the date of receipt of said notice and failed to pay the same, the electricity connection will be stopped. 

It is further stated that, by receiving the said notice, on 27.07.2015 complainant gave a requisition to the OP No.1 stating that, during March 2015, he engaged local electrical contractor to cheque the wiring fault and earthing problem including electrical point, light and grounding points of the building and confirmed that, there was no mistake with the same as stated in the report of the OPs dated 18.03.2015 and requested to cheque the same with the experts and take suitable action and also requested to set-right with regard to the bill but, no action has been taken and installed new meter by charging Rs.705-15.  It is further submitted that, OPs have issued bill for Rs.39,201/- in the month of October 2015.  Complainant gave a complaint to the legal service authorities to take suitable action by enquiry on 14.11.2015.  Later, the legal authorities issued a notice to both the complainant and the OPs to appear before the Lok-Adalath on 12.12.2015.  In the meanwhile OP No.1 once again issued a bill for Rs.39,993/- for the month of December 2015.  On 12.12.2015, the legal service authorities instructed the OPs to charge minimum electricity bill till rectification of the mistake but, the OPs have not taken any action.  Again the complainant approached OP No.1 on 16.12.2015 by giving requisition to make minimum bill but, the OPs failed to rectify the same, which is a deficiency of service.  The attitude of the OPs caused financial loss and mental agony and etc., and prayed for allow the complaint.

3.     On service of notice, OPs appeared through Advocate Sri. M. Umesh and  filed their version denying the averments of the complaint stating that, the complaint is put to strict proof that, the complainant is the owner of house situated at Basava Layout, Holalkere town and its Electricity Meter Number is HL-AEH 423.  It is further denied that, the said house is rented to one Ashok Kumar G.S since 2013.  In the month of January 2014, OP No.1 fix the digital meter by replacing the old meter to the said electricity meter and after fixing the new digital meter the bill for the month January 2014 was Rs.8,838/- instead of regular bill for Rs.120 to 150 or even up to Rs.250/-.  Further it is denied that, the tenant of the complainant gave a complaint on 07.01.2015 to the OP No.1 in this regard but, OP No.1 has not taken any action till 21.02.2015.  It is denied that, again OP No.1 issued bill for the month of February for Rs.8,838/- and after receiving the said bill, the tenant of the complainant gave a complaint to OP No.2 on 21.02.2015 and requested to take necessary action.  Later the complainant and his tenant tested the energy meter, earthing and the wiring with the help of an expert and came to know that, there was no problem with the wiring or earthing but, the energy meter was not working problem. 

It is further denied that, on 17.03.2015 the tenant of the complainant has given a letter to OP No.1 intimating about the testing of energy meter, wiring and the earthing with the help of expert and requested to take proper and suitable action by paying Rs.100/- on the same day for meter testing lab charges.  It is further denied that, on 18.03.2015, OP No.1 visited the house of the complainant to test the meter and came to the conclusion that, meter calibrated and directed to replace the meter but, till July 2015, OPs have not replace the meter or take any action but, issued a bill for Rs.11,396/- and also issued a notice bearing No.824 on 10.07.2015 instructing the complainant to pay Rs.28,373/- within 7 days from the date of receipt of said notice and failed to pay the same, the electricity connection will be stopped. 

It is further strongly denied that, by receiving the said notice, on 27.07.2015 complainant gave a requisition to the OP No.1 stating that, during March 2015, he engaged local electrical contractor to cheque the wiring fault and earthing problem including electrical point, light and grounding points of the building and confirmed that, there was no mistake with the same as stated in the report of the OPs dated 18.03.2015 and requested to cheque the same with the experts and take suitable action and also requested to set-right with regard to the bill but, no action has been taken and installed new meter by charging Rs.705-15.  It is further denied that, OPs have issued bill for Rs.39,201/- in the month of October 2015.  Complainant gave a complaint to the legal service authorities to take suitable action by enquiry on 14.11.2015.  It is further denied that, the legal authorities issued a notice to both the complainant and the OPs to appear before the Lok-Adalath on 12.12.2015 and in the meanwhile OP No.1 once again issued a bill for Rs.39,993/- for the month of December 2015.  On 12.12.2015, the legal service authorities instructed the OPs to charge minimum electricity bill till rectification of the mistake but, the OPs have not taken any action.  Again the complainant approached OP No.1 on 16.12.2015 by giving requisition to make minimum bill but, the OPs failed to rectify the same is denied as false and there is no deficiency of service and prayed for dismiss the complaint.

        4. Complainant himself examined as PW-1 by filing affidavit evidence in which he has reiterated the contents of complainant and Ex.A-1 and Ex.A-13 documents are marked. 

 

        5.     OPs have examined one Sri. M.N. Megharaj, Assistant Executive Engineer (O & M) of OPs as DW-1 by filing affidavit evidence in which he has reiterated the contents of version and 3 documents filed which are Xerox copies. 

 

        6.     Arguments heard.

 

7.     Now the Points that arise for our consideration for the decision of the complaint are that:

 

 

Point No.1:- Whether the complainant proves that, he is the owner of House situated at Basava Layout, Holalkere and he is the consumer of OPs under Meter No.HL-AEH 423 and the OPs have committed deficiency of service and unfair trade practice by giving improper billing to him and thereby complainant has sustained financial loss and entitled for the relief as prayed in the complaint?

 

Point No.2:- What order?

 

        8.     Our findings on the above points are as follows:

 

        Point No.1:- Partly Affirmative.

        Point No.2:- As per the final order.

 

::REASONS::

10. Point No. 1:- It is not in dispute that, complainant is the owner of house situated at Basava Layout, Holalkere town and he has taken electricity connection to the said house under Meter Number L-AEH 423 and the same is rented to one Ashok Kumar G.S since 2013.  Such being the case, in the month of January 2014, OP No.1 fix the digital meter by replacing the old meter to the said electricity meter and after fixing the new digital meter the OP issued bill for the month January 2014 for Rs.8,838/- instead of regular bill for Rs.120 to 150 or even up to Rs.250/-.  The tenant of the complainant gave a complaint on 07.01.2015 to the OP No.1 in this regard but, instead of settling the same, OP No.1 issued bill for Rs.8,838/- in the month of February.  The tenant of the complainant gave a complaint to OP No.2 on 21.02.2015 and requested to take necessary action.   On 17.03.2015 gave a letter to OP No.1 intimating about testing of the energy meter, wiring and the earthing with the help of expert and requested to take proper and suitable action by paying Rs.100/- on the same day for meter testing lab charges.  On 18.03.2015, OP No.1 visited the house of the complainant to test the meter and came to the conclusion that, meter calibrated and directed to replace the meter but, OPs have not replaced the meter or take any action and issued a bill for Rs.11,396/- and also issued a notice bearing No.824 on 10.07.2015 instructing the complainant to pay Rs.28,373/- within 7 days from the date of receipt of said notice and if failed to pay the same, the electricity connection will be stopped.  Oon 27.07.2015 complainant gave a requisition to the OP No.1 stating that, during the month of March 2015, he engaged local electrical contractor to cheque the wiring fault and etc., of the building and he opined that, there was no mistake as stated in the report of the OPs dated 18.03.2015 and requested the OPs to set-right the bill but, no action has been taken and installed new meter by charging Rs.705-15.  Further, the OPs have issued bill for Rs.39,201/- in the month of October 2015.  Complainant gave a complaint to the legal service authorities and the legal authorities issued a notice to both the complainant and the OPs to appear before the Lok-Adalath on 12.12.2015.  OP No.1 once again issued a bill for Rs.39,993/- in the month of December 2015.  On 12.12.2015, the legal service authorities instructed the OPs to charge minimum electricity bill till rectification of the mistake but, the OPs have not taken any action.  Again the complainant approached OP No.1 on 16.12.2015 to make minimum bill but, the OPs failed to rectify the same, which is a deficiency of service. 

  

        11.  In support of his contentions,  complainant has relied on his affidavit evidence in which he has reiterated the contents of complaint.  Complainant has also relied on documents like bills for Rs.296/- and Rs.265/- marked as Ex.A-1, another bill for the month of February 2015 for Rs.8,838/- marked as Ex.A-2, Receipts for Rs.298/- and Rs.400/- for having paid the bill with respect to Meter No.818588/HLAEH423 marked as Ex.A-3, letter dated 21.02.2015 written by the tenant of the complainant to the OP No.2 with regard to the defect in the energy meter marked as Ex.A-4, Receipt for having paid Rs.100/- for meter testing lab marked as Ex.A-5, which shows that, the complainant has paid the fee for meter testing, letter dated 17.03.2015 by the tenant to OP No.1 requesting for energy meter testing marked as Ex.A-6, spot calibration details dated 18.03.2015 marked as Ex.A-7, wherein in the remarks column it is mentioned that, meter calibrated and found OK.  But due to internal trouble or grounding the abnormal confirmation may recorded.  Hence, A/v may change as per the company rules and meter may replace, which shows the OPs have visited the house of complainant and tested the meter.  If the meter found mistake, it the duty of the OPs to change the same but, the OPs failed to do the same, which is a deficiency of service, bill for the month of July 2015 marked as Ex.A-8, letter dated 10.07.2015  issued by the OP No.1 to the complainant intimating to pay Rs.28,737/- within 7 days and if failed to pay the same, the electricity connection will be stopped marked as Ex.A-9, letter dated 27.07.2015 by the complainant to OP No.1 with regard to the excess electricity bill of his meter No.HL AEH 423 marked as Ex.A-10, Tax Invoice dated 28.07.2015 for having purchased Single Phase Static Energy Meter Type ZCE, 5-30 Amps marked as Ex.A-11, bills for the month of October 2015 and December 2015 marked as Ex.A-12 and letter dated 16.12.2015 by the complainant to OP No.1 requesting to issue minimum electricity bill to his meter marked as Ex.A-13.    

 

12.   On the other hand, OPs have vehemently argued the matter denying the entire averments made by the complainant stating that, the complainant is the owner of house situated at Basava Layout, Holalkere town and he is the consumer under Electricity Meter Number is HL-AEH 423.   It is further argued that, in the month of January 2014, OP No.1 fixed the digital meter by replacing the old meter to the said electricity meter and after fixing the new digital meter the bill for the month January 2014 was Rs.8,838/- instead of regular bill for Rs.120 to 150 or even up to Rs.250/- is denied.  The tenant of the complainant gave a complaint on 07.01.2015 to the OP No.1 in this regard but, OP No.1 has not taken any action till 21.02.2015 and again OP No.1 issued bill for the month of February for Rs.8,838/- and after receiving the said bill, the tenant of the complainant gave a complaint to OP No.2 on 21.02.2015 and requested to take necessary action and the complainant. It is further argued that, on 17.03.2015 the tenant of the complainant has given a letter to OP No.1 intimating about the testing of energy meter, wiring and the earthing with the help of expert and requested to take proper and suitable action by paying Rs.100/- on the same day for meter testing lab charges is denied as false.  It is further argued that, on 18.03.2015, OP No.1 visited the house of the complainant to test the meter and came to the conclusion that, meter calibrated and directed to replace the meter but, till July 2015, OPs have not replace the meter or take any action but, issued a bill for Rs.11,396/- and also issued a notice bearing No.824 on 10.07.2015 instructing the complainant to pay Rs.28,373/- within 7 days from the date of receipt of said notice and failed to pay the same, the electricity connection will be stopped is totally denied as false.  It is further strongly argued that, on 27.07.2015 complainant gave a requisition to the OP No.1 stating that, during March 2015, he engaged local electrical contractor to cheque the meter of the building and confirmed that, there was no mistake with the same as stated in the report of the OPs dated 18.03.2015 and requested to cheque the same with the experts and take suitable action but, no action has been taken and installed new meter by charging Rs.705-15 is totally denied as false and it is denied that, OPs have issued bill for Rs.39,201/- in the month of October 2015.   It is argued and denied that, on 12.12.2015, the legal service authorities instructed the OPs to charge minimum electricity bill till rectification of the mistake but, the OPs have not taken any action and again the complainant approached OP No.1 on 16.12.2015 by giving requisition to make minimum bill but, the OPs failed to rectify the same is denied as false and there is no deficiency of service.

13.   In support of their contentions,  OPs have relied on affidavit evidence of one Sri. M.N. Megharaj, Assistant Executive Engineer, Holalkere as DW-1, in which he has reiterated the contents of their version.  OPs have also relied on Xerox copies of letter dated 10.07.2015 by the OP No.1, wherein it has been stated that, the complainant to pay Rs.28,737/- within 7 days if, failed to pay the same, the electricity connection will be stopped, letter dated 25.02.2016 by the OP No.2 cancelling the claim with regard to the R.R.No.HLAEH-423, which shows the OPs have issued incorrect bill to the complainant and another letter dated 22.03.2016 by the OPs with regard to cancelling of claim for Rs.38,226/- to R.R.No.HLAEH-423, which are all after filing the complaint, for which the OPs have to compensate the complainant. 

14.   On hearing the rival contentions of both the sides and on careful perusal of the entire records, it clearly goes to show that, complainant is the owner of the house situated at Basava Layout, Holalkere Town, Chitradurga and he is a consumer under Electricity Meter No.HL-AEH 423.  The regular bill to the said meter was for Rs.120/- to Rs.150/- or up to Rs.250/-, which reveals from the previous bills as per Ex.A-1.  But, after fixing the new digital meter the OPs have issued bill for Rs.8,838/- for the month of January 2014 and again Rs.8,838/- for the month of February 2014.  Complainant approached the OPs to set-right the mistake and also he paid Rs.100/- for meter testing lab charges.  OPs after inspecting the house of complainant instructed to replace the meter as the meter calibrated but, they have not replaced the same till July 2015 and issued bill for Rs.11,396/- and issued notice to pay Rs.28,373/- within 7 days and if failed to pay the same, the electricity connection will be stopped.  Complainant engaged local contractor to inspect the meter, he opined that, there was no problem with the meter and also there is no fault in the wiring and grounding etc.  Later OPs installed new meter by charging Rs.705-15 but, issued excess bill for Rs.39,201/- in the month of October 2015 and a bill for Rs.39,993/- in the month of December 2015.  Before the Lok-Adalath, the legal authorities have instructed the OPs to issue minimum bill till rectification of the mistake but, the OPs failed to rectify the same.  The OPs have cancelled the excess billing by a letters dated 25.02.2016 and 22.03.2016 but, it is after filing of the complaint by the complainant, which is a deficiency of service and unfair trade practice by giving excess bill to his customer.  The act of the OPs caused mental agony and financial loss to the complainant.  Therefore, the OPs are liable to pay compensation to the complainant.   Therefore, we come to the conclusion that, the OPs have committed deficiency of service and unfair trade practice and the complainant is entitled for the relief from the OPs as claimed in the complaint, compensation for mental agony and also cost towards the proceedings.  Accordingly, this Point No.1 is partly held as affirmative to the complainant.

 

15.   Point No.2:- For the foregoing reasons, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are directed to replace a good and proper working digital electricity meter.

It is further ordered that, the OPs are directed to pay Rs.10,000/- as compensation to the  complainant within two months.

 It is further ordered that, the OPs are directed to pay a sum of  Rs.15,000/- towards mental agony and Rs.5,000/- towards the costs of this proceedings to the complainant. 

        (This order is made with the consent of Member after the correction of the draft on 18/07/2016 and it is pronounced in the open Court after our signatures.)         

 

 

                                                          

MEMBER                                                         PRESIDENT

 

-:ANNEXURES:-

 

Complainant by filing affidavit evidence taken as PW-1.

Witness examined on behalf of complainant:

                                                -Nil-

On behalf of OPs one Sri. M.N. Megharaj, Asst. Executive Engineer of OPs as DW-1:

 

Witnesses examined on behalf of OPs:

 

-Nil-

Documents marked on behalf of complainant:

 

01	Ex-A-1:-	Bills for Rs.296/- and Rs.265/-
02	Ex-A-2:-	Bill for the month of February 2015 for Rs.8,838/-
03	Ex-A-3:-	Receipts for Rs.298/- and Rs.400/- for having paid the bill with respect to Meter No.818588/HLAEH423
04	Ex-A-4:-	Letter dated 21.02.2015 written by the tenant of the complainant to the OP No.2
05	Ex-A-5:-	Receipt for having paid Rs.100/- for meter testing lab
06	Ex-A-6:-	Letter dated 17.03.2015 by the tenant to OP No.1 requesting for energy meter testing
07	Ex-A-7:-	Spot calibration details dated 18.03.2015
08	Ex-A-8:-	Bill for the month of July 2015
09	Ex.A-9:-	Letter dated 10.07.2015  issued by the OP No.1 to the complainant intimating to pay Rs.28,737/-
10	Ex.A-10:-	Letter dated 27.07.2015 by the complainant to OP No.1 with regard to the excess electricity bill
11	Ex.A-11:-	Tax Invoice dated 28.07.2015 for having purchased Single Phase Static Energy Meter Type ZCE, 5-30 Amps
12	Ex.A-12:-	Bills for the month of October 2015 and December 2015
13	Ex.A-13:-	Letter dated 16.12.2015 by the complainant to OP No.1 requesting to issue minimum electricity bill

 

Documents marked on behalf of OPs:

-Nil-

 

 

MEMBER                                                         PRESIDENT

Rhr.