The imaginary electrical bill raised by the office of the OP-2 and accordingly sent to the complainant demanding Rs.12,842.77 has galvanized the complainant to knock at the door at this Forum for redressal u/s 12 of the CP Act,1986.
The quintessence of the complaint goes so that the OP-2 has raised a bill in the month of October 2017 amounting Rs. 12846 for the period February 2017 to April 2017 and the billing date is 18.11.2017 bearing consumer ID No. 433017015 and Meter No. 736246. It is averred that the present complainant has requested to disconnect the electrical connection and to surrender the said meter on 3.3.2000 and charges for the same had been collected by the OP-2 on 5.5.2017. After that the complainant has sold his premises where the said consumer ID number and meter number was installed for electrical connection. So it is implied that the disconnection had been made and the meter with the said consumer number had been taken away. The complainant has gone time and again to the office of the OP for redressal of the alleged bill, but no redressal had been made. So the complainant filed this petition claiming Rs. 30,000 as compensation and Rs. 5,000 as litigation cost.
The OP-2 in his written version claims that the averment of the complainant are totally false and fraudulent thought they have also admitted that the complainant is presently residing at Dhaldighi, Uttar Para, P.O & P.S: Gangarampur, Dist. Dakshin Dinajpur bearing present consumer ID No. H 33142147 under the OP-2 and the alleged bill vide consumer No. 433017015 and meter number736946 was made for his previous residence at School Para Gangarampur, Dakshin Dinajpur. The OP-2 has claimed that no prayer for disconnection of the previous Id number and also no payment for this purpose had been made by the complainant.
On argument the complainant has with documents (kept in record) proved that prayer for disconnection had been submitted on 3.3.2000 and payment for the same amounting Rs. 1,090 had been paid by him on 5.5.2017. The OP has failed to prove that the documents in this regard placed by the complainant are false and he had not actually received the amount for the purpose of disconnection. The OP has verbally claimed the return of the meter bearing number 736946 from the complainant.
Point for Discussion:
- Whether the complaint is false and fictitious
- Whether there is a deficiency in service on the part of the OP-2
Decision With Reasons
In the context of the present complaint the OP-1 is not directly involved so he is acquitted of all charges. The complainant is a bona fide consumer of the OP-2 with another consumer ID number. The OP has failed to prove that he has not taken any charge for disconnection. It is proved from the document that the failure of the OP-2 to perform his duty properly in due time has led to raise this imaginary bill and has caused harassment and anxiety to the complainant. The OP’s non-performance is the root of deficiency in service. The role of the OP in the instant case seems to resurrect an inanimate thing into living object. He should have to pay for his negligent attitude and deficiency in service.
Hence,
O R D E R E D
that the complainant is eligible for getting a litigation cost of Rs. 3,000 and a compensation amount for Rs. 5,000 for his harassment and anxiety.
The bill dt. 18.11.2017 amounting to Rs.12,846/- raised by the OP-2 is quashed.
The litigation cost and the compensation amount are to be recouped by the persons responsible to lead the complainant to lodge this complainant. The responsibility is to be fixed up immediately by the
OP office. The compensation amount and the litigation cost are to be paid to the complainant by the OP within 30 days from the date of this order, failing which the compensation amount will bear interest @ 8% p.a. till the full realization of the amount .
The case be and the same succeeds on contest.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
