Ld Advocate for the complainant is present. Judgement is ready. It is pronounced in open Commission.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that the Complainant is a peace loving and law abiding citizen of India. The Complainant is a bonafide customer and having electricity connection being consumer No. 223019456 and regularly pays electricity bill to the opposite party. The complainant received an electricity bill amounting to Rs. 5209/- for the month of June, 2020 which is a very excessive amount for the Complainant. The Complainant received electricity bill at the rate of Rs. 2500/- averagely on regular basis. After receiving the said huge amount of bill the Complainant rushed to the office of the Opposite Party on 06.7.2020 and approached to the billing section of the said Opposite Party and on asking the Opposite Party stated to the Complainant that due to “stop meter’ the Complainant received the average bill and when the Complainant asked the definition of the average bill then the Opposite Party replied that as in the year 2019 for the month of June the electricity bill of the complainant was amounting to Rs. 5000/- that’s why for the month of June, 2020 the average bill amount of the Complainant is also amounting of Rs.5000/-. When the Complainant tried to protest of such type of unethical acts and deeds of the Opposite Party then the Opposite party did not pay any heed to the complainant and the Opposite Party also refused to accept any written complaint and application for rectification of the said bill for the month of June, 2020 and also replacing of his electric meter. Finding no other alternative the complainant sent two letters of complaint through speed post with A/D on 13.07.2020 and 25.08.2020 which were duly received by the Opposite Party but the Opposite Party did not pay any heed to the effect. Thereafter the complainant sent a legal notice though his Ld. Advocate on 03.09.2020 and after receiving the said notice the Opposite Party approached to the complainant and replaced his electric meter but after replacing the said meter again the complainant realized that the replaced meter is also not functioning properly and the said meter is not an ISI mark one due to which the complainant again received excessive electricity bills. Thereafter on 22.09.2020 again the complainant sent another letter through speed post to the Opposite Party for excessive meter reading and though the Opposite Party received the said letter did not pay any heed to that. The Complainant again sent a legal notice though his Ld. Advocate on 10.10.2020 and 28.12.2020 which were duly received by the O.P. for replacing the said electric meter being Meter NO. EE901940 installed by the Opposite Party and exchange it with a ISI marked meter but after receiving the said legal notices the Opposite Party sat tight over the matter and did not take any steps for doing the needful. Owing to such type of activities of the Opposite Party each and every month the complainant has been receiving excessive electric bills and has been suffering a great deal of financial loss, harassment, humiliation, acute mental pain and agony on account of deficiency, willful conduct, malafide intention and ulterior motive of the Opposite Party for which the complainant should be compensated.  It is therefore, respectfully prayed that the complaint of the complainant may kindly be accepted and to direct the O.P. to compensate Rs. 50,000/- on account of financial loss, harassment, humiliation, acute mental pain and agony suffered by the complainant on account of willful misconduct, malafide intention and ulterior motive of the O.P. To direct the O.P. to pay Rs. 10,000/- towards litigation cost. To refund of Rs. 5,209/- for the defective bill for the month of June, 2020. To make a direction to the O.P. to replace the defective electric meter being No. EE901940 with a ISI mark meter. Any other order or orders as the Hon’ble forum may deem fit and proper.

Notice was duly served upon the op calling upon it to answer the complaint. The op has resisted the claims of the complainant by filing a written version thereto. Succinctly, put the contentions made can be delineated as follows: The OP denied all the allegations contained in the complaint para wise  except those are specifically admitted in this written version or otherwise dealt with, and added that nothing stated in the complaint should be deemed to be admitted merely because the same is not specifically traversed. It is also submitted that, anything stated in the complaint contrary to and/or inconsistent with what is stated in the present written statement be deemed to be expressly denied. It is submitted that the electric connection was made to the complainant / consumer’s vide Consumer ID 223019456, installation No.7204990, and meter no. EE901940 on 16.03.2014 and the meter is ISI marked. This is a permanent Domestic service connection. The energy bill is generated quarterly as per terms and conditions. The khejuri Customer Care Centre has been preparing the energy bills  quarterly based on the meter reading of the consumer at consumers own premises and the consumer also has been paying as per bill upto 27.03.2020 without any issue. As per the consumer’s complaint that he is facing problem in his energy bill from June, 2020. The details are as follows: The energy bill for the month of June, 2020 was generated based on Defective meter EE901940 and the reading was 853 unit amounting to Rs. 5357/- and with rebate it is Rs. 5209/-. As the meter was defective, the bill for the period of 27.03.2020 to 29.06.2020 was based on the previous year’s meter reading as per norms and regulations. The Meter reading for the month of June 2019 was 826 unit amounting to Rs. 5191/- and with rebate it is Rs. 5050/-. The meter (EE901940) on that time was fully ok. The consumer has paid Rs. 5293/- on 06.07.2020 through online mode. The defective meter was replaced with a new meter GO2643283 on 15.11.2020. the new meter is ISI marked and a product of Genus Company. The next energy bill was generated as on 28.12.2020 for consumption period of 29.06.2020 to 28.12.2020 with meter reading 512 unit in old meter and 722 unit in new meter amounting to Rs. 7562.82/- and with rebate it is Rs. 7355/-. On 01.04.2021 the next bill was generated for the period of 28.12.2020 to 01.04.2021 with meter reading 1163 unit (present reading) amounting Rs. 2604/- with OSD Rs. 7563.91/-. The consumer had made a payment of Rs. 10,067/- on 12.04.2021 though online payment mode. The next energy bill was generated as on 01.07.2021 for consumption period of 01.04.2021 to 01.07.2021 for consumption period of 01.04.2021 to 01.07.2021 with meter reading 1918 unit amounting of Rs. 4810/- with rebate it is Rs. 4630/- The consumer has paid an amount of Rs. 4630/- on 05.07.2021 through online payment mode. There is no question of defective meter. No other meter without ISI Mark has been placed and there is no illegality in this matter. The complainant committed default of payment of energy charge. This O.P. takes step for disconnection of electricity connection for making default in payment. Complainant has filed this Complaint in order to enjoy electricity without payment of energy charges. So, the complaint is liable to be rejected for frivolous and vexatious complain and to allow a sum of Rs. 10,000/- towards cost for such illegal and vexatious and frivolous complaint.

Points for determination are:

1.    Is the case maintainable in its present form and in law?           

2.    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, written version filed by op, evidence of both parties and other 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 ; the bundle of facts indicate that this case is maintainable in its present form and in law.

On careful evaluation of the evidence, it appears that the complainant has mainly alleged that the Complainant is a bonafide customer and having electricity connection being consumer No. 223019456 and regularly pays electricity bill to the opposite party. The complainant received an electricity bill amounting to Rs. 5209/- for the month of June, 2020 which is a very excessive amount for the Complainant. The Complainant received electricity bill at the rate of Rs. 2500/- averagely on regular basis. After receiving the said huge amount of bill the Complainant rushed to the office of the Opposite Party on 06.7.2020 and approached to the billing section of the said Opposite Party and on asking the Opposite Party stated to the Complainant that due to “stop meter’ the Complainant received the average bill. Thereafter the complainant sent a legal notice though his Ld. Advocate on 03.09.2020 and after receiving the said notice the Opposite Party approached to the complainant and replaced his electric meter but after replacing the said meter again the complainant realized that the replaced meter is also not functioning properly and the said meter is not an ISI mark one due to which the complainant again received excessive electricity bills.

With a view to demolishing the allegations of the complainant the op has asserted that the defective meter was replaced with a new meter GO2643283 on 15.11.2020. the new meter is ISI marked and a product of Genus Company. The next energy bill was generated as on 28.12.2020 for consumption period of 29.06.2020 to 28.12.2020 with meter reading 512 unit in old meter and 722 unit in new meter amounting to Rs. 7562.82/- and with rebate it is Rs. 7355/-. On 01.04.2021 the next bill was generated for the period of 28.12.2020 to 01.04.2021 with meter reading 1163 unit (present reading) amounting Rs. 2604/- with OSD Rs. 7563.91/-. The consumer had made a payment of Rs. 10,067/- on 12.04.2021 though online payment mode. The next energy bill was generated as on 01.07.2021 for consumption period of 01.04.2021 to 01.07.2021 for consumption period of 01.04.2021 to 01.07.2021 with meter reading 1918 unit amounting of Rs. 4810/- with rebate it is Rs. 4630/- The consumer has paid an amount of Rs. 4630/- on 05.07.2021 through online payment mode. There is no question of defective meter.

Now, on total appraisal of the facts and circumstances of the case on the light of evidence on record, it appears that as soon as the complainant informed the op about the issues of bill and it was addressed on time with reasonable delay. The energy bill for the month of June, 2020 was generated based on Defective meter EE901940 and the reading was 853 unit amounting to Rs. 5357/- and with rebate it is Rs. 5209/-. As the meter was defective, the bill for the period of 27.03.2020 to 29.06.2020 was based on the previous year’s meter reading as per norms and regulations. The explanation and method for preparation of bill in the case of defective meter is acceptable and it is as per norms. The defective meter was also replaced with a new meter GO2643283 on 15.11.2020 the new meter is ISI marked and a product of Genus Company. So, we do not find the op as negligent in taking care of its customer’s grievances . In our considered view, there is no element of deficiency of service on the part of the op. Consequently, the complainant is not entitled to get any relief in this case.

Both the points are decided accordingly.

Thus, the complaint case does not succeed.

Hence, it is

O R D E R E D

That the CC/58 of 2021 be and the same is dismissed on contest against the OP. No order as to cost is passed.

Let a copy of the judgment be supplied to each of the complainant and the OP free of cost.