SRI G.K. RATH, PRESIDENT …                The factual matrix of case is that, the above complainant is a consumer under the OP.s vides No.712101090608, D-12-5796, domestic user and is a regular payer of electricity dues since installation and cleared up to 02/2017. On 02.12.2016 the electrical squad visited to her house and suggested to change the meter with a new one and accordingly the very next day with the assistance of OP.s she installed a new meter. That after installation of new meter the OP.s issued bills for Rs.22,396/- including sundry charges of Rs.21,380/-. On 06.03.17 the complainant approached the OP.s through written application requesting to revise the wrong bill. But further on dt.23.03.17 vide No.839 the OP.s issued a demand letter wherein charged Rs.8582/-. So he contends that there is deficiency in service by the OP.s and the complainant harassed with mental agony for the negligent act of OP., hence she prayed not to disconnect her electricity line and to quash the bill for Rs.21,380/-, and to allow a sum of Rs.50,000/- for compensation and Rs.2000/- as cost of litigation.

2.         The counsel for OP.s has filed his counter and averred that, on 02.12.16 the vigilance wing of OP.s conducted inspection to the premises of the complainant and found certain irregularities which invited actions U/s.126(2) & (3) of the Electricity Act 2003, hence the OP.s sent a provisional assessment order to her but she did not cared to act upon it, so final assessment of Rs.8552/- was made on 23.3.17, which was also not acted upon or appealed before the higher ups within 30 days by the complainant. So there is no deficiency in service by the OP.s, hence he prayed to dismiss the case with cost.

3.         The complainant and counsel for OP.s have filed copy of certain documents along with affidavits. Case heard from them and the evidences considered.

4.         It is seen from record that the complainant is a consumer under the OP.s and a regular payer of electricity dues. The complainant contends that on dt.02.12.2016 the staff of OP visited to her house wherein they found that the existing meter is defective and suggested the complainant to change the meter. Obliging the suggestions of OP the complainant on the very next day i.e. on 03.12.16 installed a new meter replacing the existing one. That after installation the OP.s issued a bill for Rs.22,396/- (the electricity dues along with sundry charges of Rs.21,380/-) to the complainant. Inflicting immense mental pressure she approached the OP.s for rectification or revise the same and on her request the OP.s revised the same as final assessment for Rs.8582/-. But being aggrieved the complainant craves the leave of this forum with a prayer to quash the bill amount along with compensatory relief.

5.         On the other hand the OP.s averred that the vigilance wing of OP.s have issued bills as per provisions of OERC rules U/s 126 (2) & (3) and the OP.s also filed copy of some relevant annexure. Submissions considered.

6.         It reveals from the record that, no doubt the vigilance squad of OP.s has visited to the house of complainant, observing defective meter charged Rs.22,396/- which includes arrear, two time penalty and other sundry charges taking plea of only defective meter. But it is pertinent to mention here that the regular meter readers of OP have earlier visiting the house of complainant every month / bimonthly, but never objected on the existing meter of complainant. Further the complainant being an illiterate old lady how could she know about the defect in meter, load factor etc, but in our view it is the statutory duty of OP.s to aware her about all these factors prior to charge a huge penalty. The sudden burden of 22,396/- to a regular payer is arbitrary and not susceptible in the eyes of law. Hence we feel that the action of OP is illegal and high handed which amounts to deficiency in service, so the OP.s found guilty and the complainant is entitled for relief.

7.         Further it is seen that there is no scope of challenge on jurisdiction, limitation, as the case is admitted with all the merits. As thus the complaint is allowed against the OP.s.

                                                                    ORDER

i.          The final assessment demand of Rs.8582/- issued by the OP.s is hereby quashed. The opposite party has liberty to collect past dues if any on new meter as per actual consumption from the complainant. No order as to costs.

            Order pronounced in the open forum on this the 08th day of Nov'2017.

           Sd/-                                          Sd/-                                            Sd/-

       MEMBER                               MEMBER                                PRESIDENT