Complainant ‘s case is that the oP installed a old faulty meter in the house of the complainant. The complainant informed the oP regarding the huge amount of electricity bill. But the op did not take attempt to mitigate the problem of the complainant and the units and
amount which have been mentioned by the Op in different bills is higher than the actual consumption. Even getting the Advocate letter the Op did not take necessary step for installing of the faultless meter and the complainant has been suffering for unwanted amount of electricity bill. Hence, this complaint before this Forum.
The Op contested the case by filing WV denying inter alia all material allegations. It is contented that in the month of between June 2015 and August 2015 at the time of billing the door was closed. Thereafter meter reading was taken on 8.9.2015 and 10.12.2015 and energy consumption bill was sent to the oP who are habitual defaulter. Consequently, on December, 2015 the overdue amount stood at Rs.2287.44 and the complainant was defaulter to pay overdue amount of Rs.2287.44 and disconnection was made on 3.3.2016, hence the petition should be rejected.
It is also case of the OP that on the basis of the order of this ld.Court on 15.3.2016 the complainant paid 50% of overdue amount and connection was restored as per the order of the ld.Forum.
Complainant filed some Xerox copy of bill, copy of Evidence in chief etc. OP on the other hand filed Evidence in chief and WNA.
POINTS FOR DECISION
- Whether the complainant is a consumer ?
- Whether there is any deficiency in service on the part of the oP ?
- Whether the complainant/petitioner is entitled to get relief as prayed for ?
DECISION WITH REASONS :
All the points are taken up together for easiness of discussion.
Perused the WNA of Op and complainant. In this case it is admitted position that there was dispute with billing made by the Op. But there is no material in record so see that meter was defective and the Op also did not take any step so see that whether the meter was defective or not. However, this question has not been agitated by the complainant for installation of new meter. So there is no material in record that in absence of any specific ground raised by the complainant except by the billing defect this Forum is restrained to make any finding against the negligency of the OP. Every person is expected to come before this Forum with clean hand . Admittedly , the complainant has not come in clean hand. So he is not entitled to get any relilef as prayed for. Thus, after a deliberation over the material we are of strong conviction that the case of the complainant suffers for defect of adequate evidence. As such case fails. Hence it is –
Ordered
That the CC no. 197 of 2015 be and the same is dismissed on contest but without any cost.
Let a copy of this order be made over to the parties free of cost.
