The complainant has filed this case U/s 12 of the Consumer Protection Act, 1986 with the prayer directing the O.P. to declare the bill raised by the O.P. is false, arbitrary and incorrect, not to demand such huge and excessive bill arisen, to pay a sum of Rs.50,000/- as compensation for mental pain, agony and harassment and to pay Rs.5,000/- as litigation cost.

In short the complainant’s case is that the complainant is an widow having electric service connection vide consumer ID No.432059394. The complainant paid her electric bills regularly to the O.P. and was no outstanding till May, 2014 of the said consumer ID number of electric connection. The complainant never consumed electricity more than 150 units in three months. Suddenly the O.P. raised a huge amount of electric bill amounting to Rs.53,082/- showing 5588 unit consumption for the period June, July and August, 2014, which is false, arbitrary and without any basis. The complainant herself met with the O.P. along with the previous paid bills and requested the O.P. to correct the bill mentioned above and sent proper and correct bill so that complainant can pay but the O.P. did not pay heed to the request of the complainant. Finding no alternative the complainant was forced to come before this Forum with the prayer stated above.

O.P. contested this case by filing W.V. denying the allegations of the complainant stating inter alia that this case is not maintainable, there is no cause of action in filing this case, the bill raised by the O.P. is correct one, O.P. found that the meter is a good condition, that there is no deficiency in service and negligent act on the part of the O.P. and O.P. pray to dismiss the complaint.

To prove her case the complainant has submitted memo of evidence, oral evidence and some photocopies of electric bills and payment receipts etc.

O.P. to establish its case only to file W.V., neither adduced any evidence nor produced any document.

DECISIONS WITH REASONS

We carefully perused the complaint petition, memo of evidence, oral evidence, photocopies of document submitted by the complainant, W.V. filed by the O.P. and considered the argument advanced by the parties.

On scrutiny the copy of electric bills and payment receipts since March, 2012 to March, 2014, it reveals that the complainant never consumed electric energy by the electric connection vide consumer ID No.432059394 not exceeding 500 units in three months. The complainant stated in her complaint and evidence that the bill raised by the O.P. of Rs.53,082/- for the period June, July and August, 2014 is highly excessive, false, arbitrary and incorrect one. The O.P. also stated only by filing W.V. that the bill mentioned above is correct one and electric meter is also in good condition.

On meticulous perusal of electric bills submitted by the complainant since March, 2012 to May, 2014, it reveals that the complainant never consumed the electric energy not exceeding 150 units in three months on average basis consumption and from the payment receipts of said electric bills shows that there is no outstanding due in electric bill till May, 2014. The O.P. stated in its W.V. that the technical staff inspected the electric meter of consumer ID No.432059394 of the complainant and found the meter is in good condition. The bill raised by the O.P. of amounting to Rs.53,082/- for the period June, July and August, 2014 where units consumption shows 5588 units in said three months, which is disputed by the complainant as the bill is excessively high, false and arbitrary one.

On scrutiny of the copy of electric bills submitted by the complainant that last meter reading shows in the bill for the period March, April and May 2014 is 6200 unit and for the said months shows unit consumption only 100 unit. As such we could not understand under what circumstances the O.P. raised such huge amount of bill showing huge amount of unit consumption in the disputed period electric bill. But the O.P. kept mum itself in this regard and not makes any explanation for the disputed bill. Under such circumstances it can be easily assumed that the bill raised by O.P. for the period June, 2014 to August, 2014 of amounting to Rs.53,082/- is highly excessive, baseless and arbitrary. We think there may be wrong entry of unit consumption by the meter reader or the electric meter in question may be defective one.

In view of the discussions above we are of opinion that the O.P. arbitrarily raised the absurd bill for the disputed period mentioned above. The complainant has proved her case by adducing evidences. On the other hand the O.P. has failed to stand its defence and the O.P. was deficient in service and negligent. The complainant is entitled to get award, compensation and litigation cost.

Fees paid is correct.

Hence, it is

ORDERED,

That the complaint case being No.78/2014 is allowed on contest against the O.P. without cost.

That the O.P. is directed to issue fresh electric bill for the period of June, 2014 to August, 2014 on average basis from the previous two years’ bill, for the disputed period bill and the amount to be paid by the complainant subject to adjustment of Rs.5308/- which has been deposited by the complainant as per order of this Forum and not to disconnect the electric connection of the consumer ID mentioned above. The O.P. also further directed to pay Rs.5,000/- as compensation for mental pain and agony and harassment and pay Rs.1,000/- as litigation cost to the complainant within one month from the date of this order failing which total amount of Rs.6,000/- will carry interest @ 9% p.a. from the date of filing this complaint till realization. The complainant is at liberty to place this order in execution as per law.

Copy of this order be supplied to each parties free of cost.