Ld. Advocate for the complainant is present. Judgement is ready and pronounced in open commission.
BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case is that the Complainant is a permanent inhabitant of above mentioned address and O.Ps No.-3 Customer Care Centre of O.Ps No.-1 and 2 which are established at above mentioned address within this Jurisdiction. The O.Ps No.-1 and 2 are necessary parties for the interest of justice and having same liabilities with O.P. No-3, the Complainant includes the O.Ps No.-01 and 02 as the parties of this case.The Complainant is a poor farmer and maintains himself as well as his family by cultivation with Meter No.-YX014551 of Consumer ID-201198517, Business Partner-15733111, Installation NO-17693900 which is only source of earning of the Complainant. The Complainant paid the amount of Rs. 311/- only for the Bill Month of February, 2022 within due Date of 28.02.2022 at cash counter of the O.P. NO.-3. It is great regretting that the Billing Date on 16.02.2022 of Bill Month February, 2022 bearing Meter No.- YX014551 and it shows previous Reading 9196 and Present Reading 9196 and Unit Consumed 0.00 with outstanding amount Rs. 0.00 But in the billing date of 07.03.2022 of Bill Month of March, 2022 bearing Meter NO.- YX014551 shows previous Reading 9196 and present Reading 10024 and Unit Consumed 828 with the amount of Rs. 7057/- within due date 17.03.2022 with a passing comment Meter YX014551 seems defective and above reading on estimated basis. The Complainant after getting the Bill Month of March, 2000 submitted three Complaints of dated 21.03.2022 to O.Ps NO.-1,2 and 3 praying to consider the amount of Rs. 7057/- though the Meter YX014551 is seemed to be defective and stopped from Bill Month February, 2022 and the said Bill amount of 7057/- is erroneous, Chimerical and illusive. After dated 21.03.2022 the Complainant met several times with O.Ps but they intentionally harassed day after day to the Complainant making abusive languages. The Complainant submits that the O.Ps are not interested in settling genuine and legitimate claim, which has caused grave loss and untold hardship to the Complainant for which O.Ps are responsible and liable. The cause of action arose of this case on and from 21.03.2022. In the aforesaid circumstances the complainant has been constrained to take the shelter of law. Under such circumstances the complainant humbly prays that the Commission may graciously be pleased to pas necessary order as it deem fit and proper for providing genuine and legitimate Bill for the Month of March, 2022 to the Complainant for changingdefective Meter No. YX014551, for passing order for compensation for harassment, mental pain and agony etc. of Rs. 50,000/- for litigation cost of Rs. 10,000/-and for other reliefs as the Complainant is entitled to get as per law and equity.
Notice of the case has been duly served upon the op but the op has not contested the case. The proceeding of the case accordingly has run ex-parte against the op.
Points for determination are:
- Is the case maintainable in its present form and in law?
- Is the complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused and assessed the affidavit of the complainant, evidence of complainant and documents.
Having regards had to the facts and circumstances of the case it is evident that the complainant being a consumer has alleged deficiency in service against the op- ; the bundle of facts indicate that this case is maintainable in its present form and in law.
On scanning and evaluation of the evidence, it appears that the complainant has alleged on oath that the Complainant is a poor farmer and maintains himself as well as his family by cultivation with Meter No.-YX014551 of Consumer ID-201198517, Business Partner-15733111, Installation NO-17693900 which is only source of earning of the Complainant. The Complainant paid the amount of Rs. 311/- only for the Bill Month of February, 2022 within due Date of 28.02.2022 at cash counter of the O.P. NO.-3. The bill dated on 16.02.2022 of Bill Month February, 2022 bearing Meter NO.- YX014551 shows previous Reading 9196 and Present Reading 9196 and Unit Consumed 0.00 with outstanding amount Rs. 0.00. But in the billing date of 07.03.2022 of Bill Month of March, 2022 bearing Meter NO.- YX014551 shows previous Reading 9196 and present Reading 10024 and Unit Consumed 828 with the amount of Rs. 7057/- within due date 17.03.2022 with a passing comment Meter YX014551 seems defective and above reading on estimated basis. The Complainant after getting the Bill Month of March, 2022 submitted three Complaints of dated 21.03.2022 to O.Ps NO.-1,2 and 3 praying to consider the amount of Rs. 7057/- though the Meter YX014551 is seemed to be defective and stopped from Bill Month February, 2022 and the said Bill amount of 7057/- is erroneous, Chimerical and illusive. The said evidence of the complainant has remained unchallenged. It appears from the unchallenged testimony that the op has not taken any step for rectifying the defect of the meter or changing the apparent defect meter despite their due knowledge causing harassment and mental agony to the complainant. The onus to prove that complainant had consumed the units as shown on the disputed bill lay upon opposite party who failed to prove that complainant had consumed such units- The opposite party has not produced report of any expert to ascertain that complainant had consumed said electricity units for the period .The op has issued disputed bill on basis of presumption and not as per actual consumption. Demand of opposite party on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service. The opposite party requires to be directed to rectify the Bill for the month of March 2022 for an amount of Rs.7056/- according to average of meter reading of preceding six months from date of disputed bill in respect of Meter No. YX014551and to receive consumption charges without imposing any surcharge and penalty. In case of any amount out of demanded amount was deposited by complainant, same also be refunded or adjusted in the account of complainant. In addition to that Rs. 2,000/- to be awarded towards mental agony and harassment and Rs. 2,000/- to be awarded for litigation expenses of the complainant.
Both the points are decided accordingly.
Thus, the complaint case succeeds in part.
Hence, it is
O R D E R E D
That the CC/56 of 2022 be and the same is allowed in part ex-parte against the OP.
The OP is hereby directed to rectify the Bill for the month of March 2022 for an amount of Rs.7056/- according to average of meter reading of preceding six months from date of disputed bill in respect of Meter No. YX014551and to receive consumption charges without imposing any surcharge and penalty. In case of any amount out of demanded amount was deposited by complainant, same also be refunded or adjusted in the account of complainant. In addition to that Rs. 2,000 is awarded towards mental agony and harassment and Rs. 2,000 is awarded for litigation expenses of the complainant.
Alternatively, the op may settle the dispute with the complainant by asking the complainant to pay the 60% of the disputed bill amount after deduction of the surcharge and penalty in consultation with the Superior Officer.
The OP is further directed to change the defective meter with a New Meter and to restore the electric connection if disconnected in the event of any occasion arose out the cause of action of the instant case.
The op will comply the above directions within 30 days from the date of this order ; in default the op will be liable to pay Rs.100/- per day to the complainant till full compliance of the order.
The complainant will be at liberty to put the order into execution if requires.
Let a copy of the judgment be supplied to each of the complainant and the OP free of cost.
