The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, GRIDCO, S.E.D, Soro, Balasore, O.P No.2 is the S.D.O (Electrical), Bahanaga, Balasore and O.P No.3 is the J.E (Electrical), Gopalpur, Balasore.

                         Factual matrix of the dispute is that the Complainant is a Consumer under the O.Ps having Consumer No.423222020636 and using the electricity for domestic purpose. The Complainant paid Rs.5,000/- (Rupees Five thousand) only on 31.01.2014 and Rs.10,075/- (Rupees Ten thousand seventy five) only on 19.05.2014. The O.Ps disconnected the power supply on 16.01.2015 without issuing any notice in this regard. The O.Ps did not take any steps to reconnect the power supply as per several  request made by the Complainant in the matter. Due to such type of illegal and arbitrary action of the O.Ps, the children of the Complainant could not prepare for their year-end examination. And also the Complainant along with their family members suffered a lot during summer, which caused irreparable loss to them, for such inaction by the O.Ps.

                         Prayer for restoration of power supply to the premises of the Complainant, recalculation of the arrear bill of the Complainant along with compensation and cost of litigation.

                         Written version filed by the O.Ps through their Advocate, where they have denied about maintainability as well as its cause of action. The O.Ps have admitted that the Complainant is a habitual defaulter and due to non-payment of energy bill, the power supply has been disconnected frequently to the premises of the Complainant. But the O.Ps have not filed any copy of document in this regard. The billing status as filed by the O.Ps w.e.f April, 2004 to May, 2015, where it is revealed that during this period i.e. for 134 months, average billing is done for 120 months @ 144 units per month and actual billing is done for 14 months. And out of 120 months of average billing, for Sept’2010-180 units, Feb’2011-200 units, April’2011-196 units and Oct’2014-168 units are taken as units consumed by the Complainant also. From the above observations, such type of arbitrary monthly/ bimonthly electric consumption bills supplied by the O.Ps to the Complainant for more than 10 (ten) years is not convinced in the instant case. Moreover, the O.Ps have not taken any initiative to replace the defective meter of the Complainant, rather they have preferred to supply with the electric bill to the Complainant on average consumption billing system. It is also further noticed that in case of actual consumption, which is reflected for 14 months only, where it ranges from 4 units to 65 units, which is much below/ lower than the average consumption billing i.e. 144 units per month. It is concluded that the Complainant could not pay the electric bill regularly, thus amounted a huge arrear against him. In such circumstances, what we noticed is that the O.Ps did not go for issuance of any notice for exchange/ replacement of defective meter, rather they went on sending the bills to the Complainant for a long time to come, which is not permissible under Law (as per Sec-61 (d) of the Electricity Act, 2003, which is read as “Safeguarding of Consumers’ interest and at the same time, recovery of the cost of electricity in a reasonable manner”). In this case what we observed that the Complainant was in fault in not filing any objections before the O.Ps, if at all the alleged bills gone erroneous and/or inflated; and directly preferred the instant complaint when his case line was disconnected by the O.Ps and on the other hand, without giving prior notice [Sec-56 (1) of the Electricity Act, 2003] to the Complainant, who is a consumer of case line as a beneficiary, the O.Ps gone for disruption of Power Supply to case premises. Such acts and omissions on the part of O.Ps also amounts to deficiency-in-service to the Complainant. Hence, the Order:-         

                                                       O R D E R

                         Having regards to our judgment reflected above, the Complainant is directed  to affix a new meter with intimation to the O.Ps and on the other hand, on the event of fixation of new meter, the O.Ps are also directed for correction of disputed bills w.e.f 01.01.2002 to till date taking average meter readings of the newly installed meter in the case premises for three (3) consecutive months to come, which will start from 01.11.2016. The O.Ps are further directed to pay a sum of Rs.3,000/- (Rupees Three thousand) only towards compensation for mental agony and harassment and Rs.2,000/- (Rupees Two thousand) only towards cost of litigation to the Complainant. And also the O.Ps are directed to refund/ adjust the proportionate DPS, if any collected/ debited in the aforesaid electric bill of the Complainant. Accordingly, the complaint is allowed. All the interim orders passed here-unto stands vacated.

                         Pronounced in the open Forum on this day i.e. the 18th day of October, 2016 given under my Signature & Seal of the Forum.