The fact of the case as revealed from the petition of complaint as well as from the evidence is that the complainant is a domestic consumer having energy under consumer No. 00651768. The OP No.2 used to send bill regularly to the complainant/petitioner and the complainant used to pay the bill regularly since long. The amount of average monthly bill was Rs.50/- to 60/- and unit was 45 for three months in the year 2015. The bill from the month of February 15 to April 15 amounting to Rs.176/-and from December 15 to January 16 the bill was Rs.411/- and the bill period from August 15 to October 15 was Rs.452/-.
From the petition it is found that on 3-11-15 the previous meter reading was 1489 and present meter reading is 1534. That is chargeable unit is 45 and the complainant paid the same bill. There after the meter was stopped on 4-2-16. The staff of the OP inspected the meter on 30-4-2016 and showing that the consumed Unit 2725 which is defective and without any basis. The office staff pointed out that the meter is defective. The OP’s said the bill period of February 16 to April 2016 chargeable unit 1191 total amount of Rs.8968/- monthly bill of Rs.2961/-,2962/-,2962/-.The present bill for the month of May to July is highly inflated amounting to Rs.2961,2962,2962.
The complainant informed the matter to the OP No. 2 by writing on 30-5-16 for testing the meter as he has received inflated bill. But the OP did not take any action and the said application was ignored by the OP No 2. The complainant is a poor Fisher man having his residential house is only two rooms. There is no Frieze, no motor, pump, no heavy consumption Machineries, only one Fan and three Bulbs are operating for consume of Electricity. The Office Staff disconnected the line on 7/5/16. As there was no other alternative the petitioner paid installment of Rs. 1500/- on 10/5/16. The cause of action arose in the month of May 16th when the OP’s sent the highly inflated bill. The complainant prays for proper bills from the month of May, June and July 2016 and for testing the defective meter and for declaration that the bills are highly inflated.
The petition has been contested by the op by filling the written version denying all the material allegation as leveled against the OP’s contending inter alia that the petition is not maintainable. The further defense case is that the total bill Rs.8968/- was raised by the O. P. No. 2. On the basis of actual consumption of the electricity by the complainant and the complainant is bound to pay the same bill. The complainant has filed a case against the OP’s whimsically and without any basis to harass the OP. Under such circumstances the case filed by the complainant illegal to be dismissed with cost.
During trial the complainant was examined as PW1 and he is cross examined. No other witnesses are examined. The complainant filed the documents. On the other hand the OP’s did not adduce any evidence to their defense.
Now the point for determination as to where the complainant is entitled to get any order from this Forum or not.
DECISIONS WITH REASON
At the time of argument the Learned Lawyer of the complainant argued that at the time of inspection by the staff of the O.P (ACE0) it is found that the daily consumption was one unit per day. It is to be mentioned that the inspection was done from 15-11-17 to 20-11-17 at the time winter season was prevailing so definitely the consumption of electricity will be looser because the electric fan was not running. From the petition it is found that the complainant used to consume 45 units quarterly. It is to be mentioned that inspection was done in the month of November, but if the inspection was done at the summer season definitely the meter reading will be increased. From the inspection that in the house of the complainant there are Colour TV, One Ceiling Fan, One Table Fan etc. So during the summer season it will be more than one unit. So the Forum assess that during the summer season unit consumed will be one and half per day. The Learned Lawyer of the OP submits that the Forum may pass necessary order on the basis of inspection report as well as on the basis of record. So in the opinion of the Forum the unit will be assessed during the winter season it will be one unit and during the summer season it will be one and half unit. But the calculation of unit is not static and it varies from time to time due to consumption of electricity. So on considering the fact and circumstances the petitioner/complainant is directed to pay the bill from the month of May, June, July daily consumed unit one and half and from the month August, September and October it will be one and half unit per day and November, December, January and February, March, April it will be one unit per day. So the bill amount claimed by the OP is excessive high and cannot be sustainable. On considering such facts and circumstances the complainant is entitled to get relief as follows.
CF paid is corrected.
Hence, it is,
ORDERED
That the case be and the same is allowed on contest but without cost. The complainant is liable to pay bill for the month of June, July, August, September and October, one and half unit per day and from the month of November December, January, February, March, April one unit per day. The OP is directed to prepare the bill on the basis of such calculation of unit will be from the month of May, June, July up to date this day. Thereafter, from the month of May 2018 the complainant will pay the electric bill on actual consumption. The complainant is directed to pay the arrear bill by two installments. The two installments will be started from June and July 2018, failing which the OP will have the liberty to realize the arrear bill as per provision of Law.
Let a copy of this order be given to the parties free of cost.
