This Complaint coming up before us for hearing on 14-06-11 in the presence of Sri P. Ramanjaneyulu, advocate for complainant and of Sri N. Kiran Bhanu, advocate for opposite party upon perusing the material on record after hearing both sides and having stood over till this day for consideration this Forum made the following:-
O R D E R
Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint U/S 12 of Consumer Protection Act seeking a direction the opposite party not to collect Rs.55,994/- shown as arrears due by him, Rs.25,000/- towards mental agony and Rs.5,000/- towards costs.
2. In brief the averments of the complaint are these:
The complainant is having service connection bearing No.022414 to his house bearing D.No.4-5-49/2 Kalyani Road, Guntur since 20 years. In September, 2009 the meter reading was 42987 and the reading was displayed as 52987 showing a difference of 10,000 units. The complainant on 21-09-09 brought the same to the notice of the employees of the opposite party. The authorities of the opposite party advised the complainant to pay @Rs.1626/- per month. The complainant paid Rs.1626/- for November. The opposite parties issued bill in January, 2010 demanding the complainant to pay RS.56,507/- showing arrears as Rs.55,594/-. The electricity service connection was for domestic purpose only. From December, 2006 to October, 2009, the highest bill was Rs.2237/- in the month of June, 2007. The demand for Rs.55,994 is baseless and invalid. No opportunity was given to the complainant to submit her version. The opposite party rectified the meter and installed the meter with new reading. The opposite parties are threatening the complainant to disconnect power supply if amount is not paid by 05-02-10. The bill issued in January, 2010 for Rs.55,994/- is a inflated one. The complaint therefore be allowed.
3. The contention of the opposite party in brief is hereunder:
The opposite party issued demand notice for Rs.56,507/- showing Rs.55,994/- as arrears. The complaint in his representation mentioned that the reading in his meter was shown as 52987 instead of 42987. At the request of the complainant the existing meter was replaced with a new meter on 14-10-09. The removed meter was tested in MRT lab of the Department in the presence of consumer and found that the meter was working in good condition. Therefore there is no creeping of ten thousand units. Therefore the department has properly raised the bill. The opposite party did not commit any deficiency of service. The complaint therefore be dismissed.
4. Exs.A-1 to A-6 on behalf of complainant and Exs.B-1 on behalf of opposite party were marked.
5. Now the points that arose for consideration in this complaint are:
- Whether the opposite party committed deficiency of service?
- Whether the complainant is entitled to compensation?
- To what relief?
6. POINT No.1:- Ex.B-1 report revealed that the complainant did not commit malpractice in functioning of the meter. Ex.A-6 is the details of electricity consumption of the complainant from 1/09 to 6/11. Ex.A-6 revealed that CMR for September, 2009 was 42987 as Ex.A-6 further revealed that OMR for January, 2010 was 42987 and units consumed were shown as 11,115. In Ex.A-1 bill issued on 21-01-10 revealed that arrears from 1st April as Rs.55,994/-. Ex.A-6 further revealed that the complainant was paying the amount as demanded by the opposite party. Under those circumstances the demand in Ex.A-1 notice showing the amount of Rs.55,994/- as previous arrears amounted to deficiency of service. In view of the afore mentioned discussion this point is answered against the opposite party.
7. POINT No.2:- When the meter was found functioning properly (Ex.B1) the opposite party also cannot held liable that they did it intentionally. It is not the case of the complainant that the opposite party issued Ex.A-1 bill due to vengeance. Under those circumstances, no compensation can be awarded. Hence, this point is answered in favour of the opposite party.
8. POINT No.3:- In view of above findings on points 1 and 2 in the result the complaint is allowed partly as indicated below:
1. The demand for Rs.55,994/- raised by the opposite party as arrear in Ex.A-1 bill is illegal.
2. The opposite party is directed to collect the consumption of electricity by the complainant as 301 units per month for 10/09, 11/09 and 12/09 and 480 units for January, 2010.
3. The opposite party is directed to adjust the amounts of Rs.1626/- (Ex.A-3), Rs.1630/- (Ex.A-4) and Rs.20,000/- deposited by the complainant as per order in IA.No.85/2010 towards future consumption charges of the complainant.
4. Rest of the claim is dismissed.
Dictated to Junior Steno, transcribed by her, corrected by us and pronounced in the open Forum dated this the 24th day of June, 2011.
Sd/-XXX Sd/-XXX Sd/-XXX
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 21-01-10 | Copy of electricity bill of the complainant |
A2 | 24-08-09 | Copy of receipt issued by eSeva, Guntur |
A3 | 31-10-09 | Copy of receipt issued by eSeva, Guntur |
A4 | 05-12-09 | Copy of receipt issued by eSeva, Guntur |
A5 | - | Copy of details showing the monthly electricity consumption from 2/06 to 8/09 |
A6 | - | Copy of details showing the monthly electricity consumption from 1/09 to 6/11 |
For opposite party :
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
B1 | - | Meter test report |
Sd/-XXX
PRESIDENT
