The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Manager (Electrical), NESCO, Gopalpur Division, Gopalpur, Balasore, O.P No.2 is the S.D.O (Electrical), NESCO, Bahanaga, Balasore, O.P No.3 is the Executive Engineer (Electrical), Soro Division, Soro, Balasore and O.P No.4 is the Managing Director, NESCO Corporate Office, Januganj, Balasore.

                    2. The case of the Complainant in brief is that the Complainant in order to maintain his livelihood, is managing a Holler machine in the name of his father Raghunath Panda and a Consumer under the O.Ps vide Consumer No.423202340031 and also pays the monthly energy bills regularly. But, the energy bills for the period from July-2014 to February-2015 were levied on average basis ranging from 648 to 803 units per month without taking the meter reading by the O.Ps, which are not accordingly to the provision of law. Thus, the calculation on average consumption basis would have been revised as per OERC Regulation-93(8), for which the Complainant requested the O.Ps to install a new meter and also for revision/ correction of the bills. Thereafter, the O.P No.1 installed a new meter during March-2015 and the O.Ps No.1 & 2 assured the Complainant to correct the bill according to the meter reading. But, the O.Ps did not take any steps for correction of said irregularities till date, which amounts to deficiency of service by the O.Ps and there is no dispute regarding consumption of electricity from March-2015. The O.Ps have supplied the bills to the Complainant during the month of June-2016 and August-2016 for Rs.32,504/- (Rupees Thirty two thousand five hundred four) only and Rs.44,817/- (Rupees Forty four thousand eight hundred seventeen) only against consumption of 30 units and 6 units respectively, when meter status is Ok. The O.Ps without any basis have demanded such illegal charges, which causes mental agony and unnecessary harassment to the Complainant. Thus, the Complainant has filed this case in this Forum for necessary relief. Cause of action to file this case arose on 05.10.2016. The Complainant has prayed for correction of the bill along with compensation and litigation cost.

                    3. Though sufficient opportunities are given to the O.Ps for their appearance, but they have neither appeared nor filed their written version in this case. So, the O.Ps are set ex-parte.

                    4. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. It has been argued on behalf of the Complainant that when his meter status is Ok and as he has consumed 30 units and 6 units for the month of June-2016 and August-2016 respectively, but he has received the electric bills of Rs.32,504/- (Rupees Thirty two thousand five hundred four) only and Rs.44,817/- (Rupees Forty four thousand eight hundred seventeen) only for the month of June-2016 and August-2016 respectively, which were unexpected high without any basis, for which the Complainant has prayed for necessary relief for correction of defective bills along with compensation and litigation cost. The entire allegation of the Complainant remains unchallenged as the O.Ps are set ex-parte as mentioned earlier. However, the document filed by the Complainant shows that there are some arrears of electric bills due against him. So, he has not clarified how such arrears are crept into his current bills. Further, the Complainant’s father was a Consumer having Consumer No.423202340031, but the Complainant is paying the electricity dues. So, in view of the authority reported in 2009 (1) CPR 236 in the case of Punjab State Electricity Board through its Senior Executive Engineer, District Sangrur (Vrs.) Bansal Industries through its two partners Shri Amrish Bansal and Kamal Bansal, the Complainant being the user of electricity is a Consumer in this case.

                    5. So, now on careful consideration of all the materials available in the case record, I am in the opinion that all the O.Ps should be directed to receive the payment due from the Complainant according to the actual consumption and to correct the defective bills and the Complainant to co-operate the O.Ps in this regard. The O.Ps are also jointly and severally liable for payment of compensation and litigation cost to the tune of Rs.5,000/- (Rupees Five thousand) only and Rs.2,000/- (Rupees Two thousand) only respectively to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount of compensation and litigation cost from the date of order till realization. Hence, ordered:-

                                                     O R D E R

                         The Consumer case is allowed on ex-parte against the O.Ps with cost. All the O.Ps are directed to receive the payment due from the Complainant according to the actual consumption and to correct the defective bills and the Complainant to co-operate the O.Ps in this regard. The O.Ps are also jointly and severally directed for payment of compensation and litigation cost to the tune of Rs.5,000/- (Rupees Five thousand) only and Rs.2,000/- (Rupees Two thousand) only respectively to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum for the total amount of compensation and litigation cost from the date of order till realization. In case of failure by the O.Ps to comply the order within the stipulated time frame, the Complainant is at liberty to realise the same amount from the O.Ps as per law.

                         Pronounced in the open Forum on this day i.e. the 2nd day of December, 2019 given under my Signature & Seal of the Forum.