Non challent attitude of the OP to solve the problem of a stopped meter reported on 07.04.2015 against consumer ID No. 433041422 and meter No. 73-0840166 has led the consumer to lodge the instant complaint for adjudication u/s 12 of the CP Act 1986.
The summation of the complaint is that in spite of written information to the OP on April 07, 2015 regarding the meter being stopped the OP has taken no pain to investigate into the matter and solve the problem. But after about a year when the complainant had further contracted the OP, he assured to install a new meter, if a due amount of Rs.9431/- for the period from the date of stopped meter to 15.02.2016 is to be paid accordingly. The complainant has paid the said amount on 05.05.2016 and further on 5 occasion i.e. 14.05.2017,24.08.2017, 06.11.2017, 08.11.2017, 27.11.2017 amounting to Rs. 32,826/-, Rs.33634/-, Rs.33,544/-,Rs.36,308/-, Rs.34,458/- respectively have been sent to the complainant. Moreover, on 09.11.2017some workers of the OP office came to the house of the complainant without intimation and disconnect the line and a few hours later on the same date the line has been reconnected. As the complainant is a reputed school teacher this has jeopardized his social prestige. The complainant prayed for new meter without any prejudice and proper billing from the date of report of the stoppage of the meter though he has already paid Rs.9,431/- on 05.05.2016. The complainant has claimed a compensation of Rs 50,000/-(Fifty thousand) and a litigation cost of Rs. 20,000/- (Twenty thousand). The complainant has also filed an interim petition prayer for interim order so that no disconnection of the electric line may be made until the disposal of the instant case.
The OP in their written version has alleged that the complainant was asked to pay an outstanding amounting to Rs. 2663.87/- for the period of November 2014 to April 2015 when he informed the OP in writing about the nonfunctioning of the meter. A bill amounting to Rs. 9431/- was generated on 04.02.2016 including the said outstanding amount. But due to nonpayment of the amount disconnection was made on 15.02.2016 and so the line remained disconnected for the period from 15.02.2016 to 05.05.2016 on which date the complainant has paid the said amount of bill generated on 04.02.2016. The OP has also stated that from 04.02.2017 to 07.05.2017 i.e. for 93 days the total consumption being 2790 units a bill for Rs.33, 634/- has been generated.
On argument the learned lawyer for the complainant has raised the point regarding different amount of bills on 3 different dates in the month of November 2017. She also wanted to know when the meter is stopped how the reading up to 27.11.2017 from 07.04.2015 can be recorded. Till the date the main grievance of changing the meter has not been made though the complainant agreed to a compromise proposal but no compromise proposal except a verbal assurance of installing a new meter on 19.05.2018 has been asserted by the OP. Moreover, due to gross negligence to consumer interest the OP should be accused of deficiency of service.
The Ld. Lawyer for the OP on argument stated to this Forum that it is true the new meter has not yet been installed but the complainant has also tendency to avoid the billing amount. On question to this Forum the Ld. Lawyer for the OP could not satisfy how the billing was made without proper meter from 07.04.2015 to 27.11.2017 and also why such an exorbitant delay in installing a new meter.
Pints for decision:
- Whether the complainant is a consumer?
- Whether the OP has any deficiency in rendering the service?
DECISION WITH REASONS
The averment of both the parties and the arguments of the ld. Lawyer of both the parties are taken into consideration to decided on the above two points. The OP has admitted that the complainant is a valid consumer of his company. But the OP has shown gross deficiency in mitigating the grievance of the consumer. We are surprised to note that a new meter has not been installed till the last date of hearing on 18.05.2018, though the OP has got written information regarding the problem of the meter from the complainant more than 37 months before i.e. 07.04.2017. We are also wondered how the OP has dared without installation of a new meter prepare a bill amounting to Rs. 6767/- for the period from 07.04.2015 to 04.02.2016, on which date a bill amounting Rs.9431/- including outstanding amount Rs.2664/- for the period November 2014 to April2015 was generated. Furthermore they had generated further bill of Rs.33, 634/- we cannot understand whether the OP actually knows his duty and responsibility in rendering public service. So it is proved that the OP’s deficiency in service has been done intentionally. The Ld. Lawyer for the Op had stated to this Forum for an amicable settlement & for which a compromise proposal is to be filed to this Forum on 11.05.2018, on which date the OP in person attended & prayed for time to submit the proposal positively on 18.05.2018. But the OP had failed to keep his word. We are of the opinion that the OP had intentionally showed disrespect to this Forum by not keeping his words. Actually the OP office is lackadaisical to the consumer’s interest. So personal responsibility is to be shouldered by the station manager of the OP office.
Hence, it is
O R D E R E D
- The OP will install a new meter to the said service connection and consumer ID immediately.
- A fresh bill for the period from 17.04.2015 to the date of this judgment is to be prepared subtracting Rs.6767/- which has been paid on 05.05.2016 without imposing any LPSC charges for the whole period within15 days from the date of this judgment.
- The complainant has also to pay the whole amount of the new bill to be prepared by the OP within 31 August 2018 in 4 installments without LPSC.
- A compensation amounting to Rs. 10,000 (Ten thousand) only for hampering social prestige and causing mental agony & litigation cost of Rs.3,000/- (Three thousand) only is to be paid to the complainant within 30 days from the date of this of this order by the station manager of the op office from his personal fund, failing which an interest @ 8% is to be borne of the compensation amount till the full realization .
The case succeeds on contest and is disposed of.
Let a plain copy of this order be furnished to the parties forthwith free of cost.
