SRI G.K. RATH, PRESIDENT …           The substance of complaint in brief is that, the complainant is a consumer under the OP.s vide consumer No. D-13-635/2 (Old). That facing financial hardship the complainant along with his husband shifted to Hyderabad seeking work as laborer for 14 years leaving electricity charges for Rs.6389/- as outstanding and returned in the month of Dec’2016 to Nabarangpur to their house, and during 2003 the house was unutilized hence fully collapsed. So the complainant when returned back applied for new connection through application, to which the OP enquired and asked the complainant to deposit Rs.10,000/- and accordingly the complainant deposited Rs.10,000/- on dt.09.01.2017 along with reconnection charges Rs.150/-. Later the complainant received the bill for period January to March’17 for Rs.553.62 paise with an arrear of Rs.43,659/-. She contend that the OP.s while providing new connection never disclosed nor intimated about any arrear, hence is illegal and barred by limitation of above three years. After receiving bill dt.20.4.17 the complainant reported about the illegal arrear to the O.P. 2 & 3 and allow her to deposit Rs.553.62 as per actual consumption but the OP.s did not allow rather the OP.s threatened her to deposit the entire amount otherwise the supply connection will be disconnected. So the complainant being an age old lady inflicted physical and mental agony due to the over action and deficiency in service by the OP.s, hence she prayed to quash the entire bill amount dt.20.4.17, to pay Rs.25,000/- as compensation and Rs.5000/- as cost of litigation.

2.       The counsel for OP.s filed counter version and averred that, allegation leveled are false and the complainant never intimated the OP.s about leaving the place for some years. The complainant was served load factor bill up to April 2003 in bimonthly from date of power supply, hence a new meter was installed in the month of June 2003 and as per billing for actual consumption bill was served up to Sept’2011. Due to house lock provisional bill served from Dec’2004 to Dec’2006, Feb’2007 to June 2010 and Sept’2010 to August 2011, so bills are revised from June’2003 to Sept’2011 as per actual consumption of old meter. During Feb’07 to Oct’11 the power supply was there but consumer not consumed the power as before as the complainant left the premises in the month of Jan’2007 approximately, so the power supply was disconnected during the month of Oct’2011 due to nonpayment of dues. The complainant has not applied for new connection to the OP.s but has applied for reconnection of power supply on dt.07.01.2017 by depositing Rs.10,000/- towards electric dues vide MR No.07009/401618 dt.07.01.2017 along with reconnection fees of Rs.150/-, hence power supply was reconnected with a new meter. The bills revised and served as per actual consumption of old mete during the period of June’2003 to Dec’2016, and by considering the disconnection period from Oct’2011 to Dec’2016, as such a sum of Rs.37,243.08 p has been withdrawn without approach of complainant. So there is no deficiency in service on their part, hence prayed to dismiss the case with costs.

3.       The A/A for complainant and counsel for OP.s has filed copy of certain relevant documents along with respective affidavits and citations. Case heard from both sides and perused the records.

4.       It is seen from record that the complainant is a domestic consumer under the OP.s vides her power supply No. D-13-635/2 (Old) and No.712101080300 (New). That the complainant said to have that being facing financial crunches she along with her husband moved to Hyderabad for labour work for livelihood, hence left Nabarangpur in the month of Nov’2003. At that time the house of complainant was fully collapsed and she also admitted that there was a sum of Rs.6389/- outstanding electricity dues. However after a long period of 14 years the complainant returned to her house in the month of Dec’2016 and applied for new power connection before the OP.s. The OP.s after thorough verification has asked the complainant to deposit Rs.10,000/- along with reconnection charges for new connection which the complainant paid on dt.09.01.2017 obtaining bills. Later in the month of Jan’ to March’17 the complainant received a bill for Rs.553.62 along with Rs.43,659/- as arrear. Hence the complainant contends that the OP.s at the time of new connection never disclosed or intimated about the arrear of Rs.43,659/- in any manner, hence the bill of arrear is illegal and she is not liable to pay the dues which she did not consumed in past.

5.       It is also revealed from counter that the OP.s admitted that, the complainant left her premises for years long from 2007, hence considering the unutilized electricity periods they have withdrawn Rs.37,243.08 p from the arrear bill of Rs.43,659/- for the period from Oct’2011 to Dec’2016.

6.       It is mere assumption on the part of OP.s that the complainant has though left her premises since 2007 but consumed power until 2011, hence they charged arrear of Rs.43,659/- as outstanding for the lapsed period but however after due notice from this forum they have withdrawn Rs.37,243.08 from the outstanding arrear charging the rest of Rs.6416/- as outstanding as per admitted by the complainant.

7.       Adjudicating the pros and cons in the entire transactions we have seen that after withdrawn of Rs.37,243/- the OP shall charge outstanding of Rs.6416/- but the OP.s asked the complainant to deposit Rs.10,000/- + Rs.150/- for new tested meter and power connection which the complainant deposited prior to file the present case. Further we relied the decision of Hon’ble State Commission, Andhra Pradesh filed by the A/A for complainant, in the case between Assistant Accounts Officer & Ors Vs N.Timmarisheswar Rao, where in the Commission held that ‘Recovery of arrears of electricity charges for more than three years are barred by limitation’ and in the present case the OP.s demanded excess dues ignoring limitation period etc from the complainant are nothing but arbitrary and illegal. Hence we are of the final view that the OP.s has collected far excess then the actual consumption. Rather it is seen that at the time of application of new connection by complainant, the OP.s without verifying the actual facts asked to deposit Rs.10,150/- to the complainant is illegal and deficiency in service on their part. So in result we allowed the complaint against the OP.s with cost.

                                                                             ORDER

i.        The OP.s are hereby directed to pay/adjust the excess collection amount of Rs.3584/- (Rupees Three thousand five hundred eighty four only) apart from Rs.10,000/- as deposited by complainant, towards the subsequent electricity bills of complainant, inter alia, to pay a sum of Rs.3,000/- (Rupees Three thousand) as cost of the litigation to the complainant.

ii.       The above orders shall be complied with in 30 days from the date of receipt of the same, failing which, the total awarded sum will carry 12% interest per annum till its realization. Order pronounced in the open forum on this the 15th day of Jan' 2018.

MEMBER                             MEMBER                                   PRESIDENT,DCDRF,

          Memo No_______________DF       Dt………………………

          Copy to the parties concerned.

                                                                             PRESIDENT, DCDRF,

                                                                                NABARANGPUR