JUDGMENT
- The case of the Complainant is that, he had preferred a consumer complaint before this
Forum vide C.D.C No110 of 2007 against the Ops for Correction of his electricity bill from 19.12.2003 wherein this forum allowed his case and directed the O.Ps to revise the electricity bill of the complainant from 19.12.2003 till date i.e from 19.12.2003 to 09.06.2009. In view of the said order and on the representation of the complainant the O.P No.2 vide his letter No.857(2) dt. 01.11.2014 intimated the complainant to replace a new digital meter for calculation of 3 months average readings. Accordingly after replacing a new meter the electricity bill of the complainant was revised from 12/2003 to 11/2014 @ 55 units per month as per the 3 moths average reading of the new meter. The Complainant alleges that, his outstanding bill amount up to 08/2000 is Rs.2924.30 Paisa, but thereafter the bill amount was not as per the consumption, although his meter was in OK condition and hence the average bill raised by the O.Ps is arbitrary, to which the complainant protested and requested the O.Ps to revised the bill as per the order of the forum. But instead of revising the bill of the complainant as per consumption, the O.ps have disconnected the electricity connection to the house of the complainant on dt.17.07.2015 for non-payment of arrear dues . Hence the Complainant.
- The O.Ps have entered appearance and have filed their version Jointly. The Ops have
denied the complainant s allegation and averred that the complainant has not raised any objection for the bill amount form 08/2000 in C.D.C No.110 of 2007 hence he cannot reagitate the same by filing a fresh consumer complaint which is barred by limitation. The further averment of the Ops are that, since the complainant admitted that his bill was revised and Rs.22,065/- has already been adjusted, there is no deficiency in service on the part of the Ops. Hence the Ops prays for dismissal of the case.
3. Heard both the parties. The learned advocate for the O.P submitted that, since the matter has already been decided by this forum in C.D.C No.110 of 2007 it cannot be reagitated again and hence the present case is not maintainable. The Op cannot be faulted with for the omission and commission of the complainant. On the other hand the complainant submitted that by the time of preferring C.D.C No. 110 of 2007 the illegality in the bill for the period of 8/2000 is not within the knowledge of the complainant and since the electricity connection of the complainant was disconnected on dt 17.07.2015 a fresh cause of action for filing this complaint arose and hence the present complaint case is maintainable.
4. Perused the material available on record. The present complainant had preferred a consumer complaint before this forum vide C.D.C No. 110 of 2007 where in this forum has directed the Ops to revise the electricity bill of the complainant from 19.12.2003 till date. By the time the complainant had no grievance relating to the bill from 08/2000 up to 19.12.2003. Now the complainant come up with a case to revise his electricity bill from 08/2000 till date. If this prayer of the complainant will considered then it amounts to recall of the order passed by this forum in CDC No.110/2007, to which this forum has no jurisdiction. The complainant has also not preferred any appeal against the order passed by this forum in CDC No.110 of 2007. Hence this forum has no jurisdiction to recall its own order.
5. Now the point for consideration is whether there is any cause of action in the present case and to what relief the complainant is entitled to . It is an admitted fact that, the electricity connection to the premises of the complainant was disconnected on dt.17.07.2015. Therefore a fresh cause of action for filing this case arose on dt.17.07.2015. Perused the documentary evidence available on record. It is seen that, the complainant is moving to the authority several times for correction of electricity bill. But the authority has not taken any step for correction of the same although he has replaced a new digital meter. There is no evidence on record to show that the meter of the complainant is a defective one. Hence the Ops are under obligation to raise the bill as per consumption.
6. With these material available on record and with the above discussion it is concluded that the Ops are under obligation to revised the electricity bill of the complainant form12/2014 till date.
7. Due to this arbitrary act of the Ops, the complainant, a senior advocate has been harassed sufficiently and is entitled to compensation. It is well experienced that , the Ops are engaging private person for meter reading and collection of bill amount without any valid agreement and supervision. The Ops are simply approving the illegal act of the private person engaged by them for which consumers are being harassed sufficiently.
ORDER:-
The O.Ps. are directed to revised the electricity bill of the complainant from 12/2014 to till date as per consumption and to pay Rs. 20,000/-(Twenty thousands) to the complainant towards compensation and cost within one month from the date of receipt of this order.
Accordingly the case is disposed of.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 31TH DAY OF January’2017.
