Smt Manjula. S. Totiger filed a consumer case on 30 Dec 2020 against The Asst Executive Engineer, (Rural Section) HESCOM in the Gadag Consumer Court. The case no is CC/1/2020 and the judgment uploaded on 25 Jan 2021.
-::O R D E R::-
BY: SMT.C.H.SAMIUNNISA ABRAR, PRESIDENT.
1. The complainant has filed this complaint claiming direction to the OP to refund the excess amount of electricity bills from June-2017 to December-2018 with interest @ 25% p.m, Rs.50,000/- compensation towards mental agony, harassment, torture and sufferings, Rs.5,000/- towards expenses incurred for correspondence, postal, legal expenses and miscellaneous charges and such other relief.
-::Brief facts of the case are as under::-
2. The case of the complainant is that, he is a consumer of OP under MRL No.KHB 29145 and paying the electricity bills regularly. It is submitted that, to his surprise, his electricity bill was excess in the month of December-2018 of Rs.394/-, the consumption of units was 68 and the meter reading was 5186. Thereafter, he went to the OP’s office and enquired the concerned employee about the same for the month of December-2018. The employee of the OP informed the complainant that, the said bill was correct and accurate and the electric connection is of 2 kilowatts and the minimum payment per month is Rs.85/-. It is further submitted that, in the month of January-2019 the bill issued by the OP on 03.01.2019 was of Rs.163/- for the consumption of 21 units only and the meter reading was 5207. But in the month of December-2018, the meter reading was 5186 and the consumption was 68 units, the bill was Rs.394/-. It was shocked to see that, when the meter reading was high i.e., 5207 in the month of January-2019, the unit consumption was low i.e., only 21 units and the electricity bill was Rs.163/- and in the month of December-2018 meter reading was low i.e., 5186 and consumption was high i.e., 68 units and the electric bill was of Rs.394/-. Further it is submitted that, complainant filed an application to provide customer history since from June-2017 as his electricity bills were excess since from June-2017 to December-2018 and received the customer history on 23.01.2019 from HESCOM office (Rural Section), Gadag and he came to know that, when the meter reading is lesser, the consumption of units is high. But from January-2019 the meter reading and bill are similar and correct and the consumption of units is also accurate and the electricity bills are also reasonable. It is further submitted that, on verification of customer history issued by the HESCOM on 23.01.2019, complainant came to know that, since from June-2017 the bills are excess. On 05.02.2019, complainant filed an application to Assistant Executive Engineer, HESCOM, Rural Section, Gadag to provide the accurate report of electricity bills for the period from June-2017 to December-2018, the same copy was forwarded to the MD, HESCOM, Navanagar, Hubli, but till today there is no reply for the same, which is a negligence and deficiency of service on the part of OP, for that complainant has suffered loss of money, harassment and mental agony. The cause of action arose for this complaint on 05.12.2018 when the excess bill issued by the HESCOM. Hence, the OPs are liable to refund the excess amount of electricity bills from June-2017 to December-2018 with interest @ 25% p.m, Rs.50,000/- compensation towards mental agony, harassment, torture and sufferings, Rs.5,000/- towards expenses incurred for correspondence, postal, legal expenses and miscellaneous charges.
3. Registered the complaint and notice was ordered, as such OP present before the Forum and filed written version, the contents are as follows.
Written Version of the OP
The OP contended that, the question of excess bill amount does not arise because the bill is charged as per the electricity consumption. Rs.394/- was charged for 68 units. The official of OP has given correct information to the complainant when she visited the OP office during the month of December-2018 to enquire about the alleged excess bill. It is true that, the electricity bill pertains to MRL KHB 29145 was for Rs.163/- during the month of January-2019. The units consumed by the consumer is 21 only, so the bill amount is low compared to Rs.394/- for December-2018 and at that time the meter reading was recorded as 5186 for 68 units, whereas it is only 21 units when the meter reading recorded at 5207 i.e., the difference between the present reading minus the previous reading. The figures are generated automatically by the electronic meter installed by the OP as installed to all the other customers as per the electricity usage. It is also submitted by the complainant that, the electricity bills issued by the OP from January 2019 till date are correct and accurate that means, OP is discharging its duties to the complete satisfaction of the consumers. It is further submitted that, when the complainant received the customer history on 23.01.2019 from OP office and on verification, it is said that when the meter reading is less, the consumption is high. But it is not like that, again it is the meter reading figure on the basis of units consumed. When the consumption is more, the units counts will be more and usage is less, the units will be less and there is no manual reading or calculation of units as it is calculated by the electronic meter. Therefore, there is no deficiency of service on the part of OP and hence, prayed to dismiss the complaint.
4. The complainant has filed his affidavit evidence and filed 43 documents. The Assistant Executive Engineer of OP filed his affidavit evidence and filed 5 documents, which are as follows;
COMPLAINANT FILED DOCUMENTS AS follows
| Particulars of Documents | Date of Document |
C-1 & 2 | Electricity Receipts | 23.01.2019 & 05.12.2019 |
C-3 to 5 | Customer History Sheets |
|
C-6 to 43 | Electricity Bills & receipts |
|
OP FILED DOCUMENTS AS follows
| Particulars of Documents | Date of Document |
Letter from OP to complainant | ||
Statement showing details of consumption and demand of RR No.MRLKHB 29145 from January-2017 to January-2019 |
| |
OP-03 to 05 | Customer History |
|
5. On the basis of above said pleading, oral and documentary evidence, the following points arises for adjudication which are as follows:
1. Whether the Complainant proves that, she is a competent person to file this complaint?
2. What order?
6. Our Answer to the above points are:-
REASONS
7. Point No-1:- The complainant has filed this complaint against the OP stating that, she is the consumer of Meter bearing No.MRL KHB 29145 electrical connection. Complainant alleges that, in the month of December – 2018 meter reading shows 68 units and electric bill was Rs.394/-, but the previous bill units and present bill units does not differ and bills issued were correct and accurate. Only the bill issued in the month of December-2018 is excess. Further submits that, since from June 2017, electricity bills are excess till
December 2018.
8. On the other hand, OP submits that, there is no deficiency on their part and only after reading the meter, the bill has been issued to the complainant.
9. On-going through the records on file, Commission observed that, the meter installed in the complainant’s house is not in the name of complainant and it is in the name of one V.M. Mundinamani. Hence, the complaint filed by the complainant is not maintainable since she is not the customer to the OP. Hence, we answer Point No.1 in negative.
10. Point No.2:- For the reasons and discussion made above we proceed to pass the following:-
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court 30th day of December-2020)
(Shri B.S.Keri) (Smt.C.H.Samiunnisa Abrar)
MEMBER PRESIDENT
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