The complainant has filed the complaint U/s.12 of the Consumer Protection Act, 1986.
The case of the complainant, in brief, is that he is a customer of the Opposite Parties and his consumer id number is 400343101. The electric connection was taken in the year 2012 and he was paying the electricity bill regularly though he is a poor villager and he used to consume electricity by 2/3 CFL bulbs and the bill of the electricity was amounting to Rs.200/- to Rs.300/- for three months. In the first part of the year 2016 he received a bill amounting to Rs.319/-, vide B.P Number 5464146 and he could not be able to pay the same in proper time. As such in the month of April 2016 he made communication with the O.P.No-1 and after negotiation he was instructed to pay the bill amounting to Rs.640/- which was fully paid on 20.04.2016 vide receipt number 126701916487. Subsequently on next quarter the complainant received an unnatural bill amounting to Rs.22,873/- and on perusal of the same he came to know that he consumed 2610 units for three months which is quite astonished. So the amount of bill is quite unnatural. After receiving the said unnatural bill he then and there communicated with the O.P.No-1 and stated that he could not consume such type of huge unit and there was some misunderstanding occurred or the meter somehow became defective, but the officials of the O.P.No-1 did not pay any heed to his request. Thereafter, he has given request letter to the O.P.No-1 for correction of the unnatural bill. But the O.P.No-1 neither took any amount as bill from him nor they took any initiative so that the complainant would overcome from helpless situation. The complainant further stated that he is a poor person and he is struggling for his livelihood and it was not possible for him to go to the office of the O.P everyday and he could not pay the entire bill. The complainant is always ready to pay the electric bill as per his consumption of electricity. Thereafter, the officials of O.P in several times came to his house and threatened him that they would disconnect the electric connection within a short period. Finding no other alternative on 17.08.2018 the complainant sent an Advocate’s letter to the O.P for overcome the situation which was received on 27.08.2018 & 20.08.2018 by the O.P. But the O.P did not take any appropriate step to resolve the problem and continue to send him huge amount of bill. The O.P did not reply to his Advocate’s letter.
Upon this background the complainant prayed relief that a direction upon the Opposite parties to calculate the proper bill after last payment without imposing any fine, without charging any interest and without charging the unit charge in higher range be given to the O.Ps. The complainant also prayed for a direction upon the O.Ps to take the outstanding amount from him in easy installments. He also prayed for compensation of Rs.25,000/-(Twenty Five thousand) for his mental pain and agony and litigation cost of Rs.10,000/-(Ten Thousand).
The O.P.s have contested the case by filing written version denying all the material allegation contending inter alia that the case is not maintainable in law and that the case is barred by limitation and that the allegations are frivolous, fictitious and in correct.
The Specific case of the Opposite parties is that the complainant is a consumer under the Opposite parties and he is the irregular bill paying consumer. That the consumer pay minimum amount as the amount raised by their department normally, but the accumulated bill of 2610 units generated at a time on 10/07/2016. The meter is ok and the consumer consumed the electricity unit which has been shown in his meter. There is no question to raise inflated or whimsically bill by their department. The complainant has suppressed the real fact of the case and made false statement and allegation. The complainant shall bound to pay the bill of amount of Rs.22,873/- which has been consumed by the complainant as a consumer.
Upon this back ground the O.Ps claimed the dismissal of the case.
P o i n t s f o r d e c i s i o n s
- Is the case maintainable in law?
- Is there any deficiency in service on the part of the O.P?
- Is the complainant entitled to get relief as prayed for?
D e c i s i o n s w i t h r e a s o n
All the above points are taken up together for the brevity of the case.
In order to prove the case the complainant has examined himself as P.W.1 and he has filed the computerized electric bill, original copy of computerized electric bill along with money receipt, the original quotation receipt, the copy of Advocate’s letter dated.17.08.2018 with postal AD Card and Xerox copy of written complaint dated.03/02/2017.
In order to disprove the case the O.P.No-1 has examined one witness namely Mobosser Alam, Assistant Engineer & Station Manager as O.P.W1 and the O.P.No-1 has not filed any documentary evidence.
Perused the oral evidence of PW1, OPW1 and documentary evidence filed by the complainant. It is the case of the complainant that his consumer id number is 400343181 and he was paying the electricity bill within due time amounting to Rs.200/- to Rs.300/- for three months by using 2/3 CFL bulbs for consumption of electric energy and in the month of April 2016 a bill amounting to Rs.319/- was received and after negotiation he paid Rs.640/- on 20/04/2016 for consumption of electricity vide receipt number 126701916487 but subsequently on next quarter the complainant received an unnatural bill amounting to Rs.22,873/- for consumption of electricity of 2610 units for three months which could not be paid by him and he communicated with the authority of the electricity for correction of the bill for quickly payment as the bill was raised arbitrarily or the meter somehow became defective. He also made a written application to the O.P.No-1 for correction of the bill. But the O.P.No-1 did not pay any heed to his request. The complainant also sent an Advocate’s letter dated.17/08/2018 to the O.P.No-1 stating all about the facts requesting him to take necessary step so that the complainant made continue good relationship with the O.P.No-1 and to avoid further complication and litigation as he was always ready to pay the electric bill as per his consumption and in that letter he also requested for correction of the unnatural bill. The PW1 corroborated the same facts of the case by his oral evidence and the requesting letter dated.03/02/2017 and Advocate’s letter dated.17/08/2018 supported his oral version. The O.P.W1 admitted the complainant is a consumer under O.P and his id number is 400343181. The electric bill as well as money receipt disclosed that the consumer id number is 400343181. From the money receipt dated March, 2016 and electricity bill dated.11/02/2015 and from the bill dated.19/07/2016 and from the letter dated.03/02/2017 of the complainant it appears that the consumer id number is 40343181 and no document is forth coming to show that the consumer id number is 400343101. Therefore, the real consumer id number is 400343181. The electric connection was taken in the year 2012 though he could not produce any money receipt for the period from 2012 to 2015 yet he on oath stated that he used to pay Rs.200/- to Rs.300/- for electric consumption for three months which has not been denied by the O.P in their evidence, but the bill dated 11.02.2015 shows that he consumed the electric energy only 21 units for the period from 16.11.2014 to 27.01.2015 which is amounting to Rs.248/- and this bill only disclosed outstanding amount of Rs.212.36/-. It is clear from this bill that his outstanding dues was only Rs.212.36/- till December2014 to February2015 and subsequently the complainant has paid Rs.640/- in the month of March2016. On 19.07.2016 the O.P.No-1 sent a bill of Rs.22,873.34/- for the period from 17.05.2016 to 10.07.2016 for consumption of electric energy of 2610 units and it shows that the outstanding amount is Rs.267.10/- for April2016 to August2016 and by prejudicing of it the complainant filed an application dated.03/02/2017 for correction of the bill and from the endorsement of the O.P.No-1 on his letter as well as bill it appears that SAE was requested to take necessary action in the matter. But what action was taken by the O.P.No-1 through SAE is not forthcoming at all and thereafter, an Advocate’s letter dated.17/08/2018 was also sent to the O.P.No-1 for taking necessary action in this regard. Even no iota of evidence is forthcoming to show what action has been taken by the O.P.No-1. It is quite natural to presume that when the 21 units was consumed by the complainant for the period from 27.01.2015 to 11.02.2015 and outstanding dues was Rs.212.36/-for December2014 to February2015 then how the bill dated.19.07.2016 disclosed the huge unit i.e 2610 units was consumed for the period from 17.05.2016 to 10.07.2016. It is quite unnatural and not tally with the earlier consumption of the electricity by the complainant. That apart the complainant also raised a question that the meter may somehow was defective, but no inspection report or order is forthcoming on behalf of the O.P.No-1 whether the meter was defective or not after inspection of the meter though the complainant made an application for correction of the bill and sent an Advocate’s letter after raising the said question.
Ld. Advocate for the complainant has argued that the O.P.No-1 has raised an arbitrarily bill which tantamount to deficiency in service. In support of his claim he cited decisions reported in Citation: 2014Law Suit(CO) 1, Citation: 2016 Law Suit (CO) 1622 and Citation: 2013Law Suit (CO)953.
Under the above discussion and on perusal of the said citations we are of opinion that by raising an arbitrary bill the O.P.Nos1 & 2 have committed deficiency in service. The complainant is entitled to get relief. It would be proper and justified to direct the O.Ps to calculate the proper bill after last payment of the petitioner without imposing any fine, without charging any interest and without charging the unit charge in higher range and if there is any outstanding then the complainant would pay it in easy installments. It would also be proper and justified to award compensation of Rs.3000/- and litigation cost of Rs.2500/-.
All the points are decided in favour of the complainant.
The case succeeds. It is
O R D E R E D
That the case be and the same is allowed on contest but without any cost.
The bill dated 19/07/2016 for consumption of 2610 units amounting to Rs.22,873/- is hereby cancelled and the O.P.No-1 is directed to calculate the proper bill after last payment of the complainant without imposing any fine, without charging any interest and without charging the unit charge in higher range and to calculate easy installments for payment by the complainant. The O.P.No-1 is also directed to pay compensation of Rs.3000/- for mental pain and agony of the complainant and Rs.2500/- as litigation cost as quick as possible within the period of one month from the date of passing the final order of this case.
Let a copy of this final order be given to the parties on free of cost.
