Ld Advocate for the complainant is present. Judgement is ready It is pronounced in open Commission in 8 pages 4 sheet of paper.

BY – SRI.SAURAV CHANDRA, MEMBER

1. Brief fact of the Complainant’s case is that the Complainant is a permanent resident of the above noted address and a Citizen of India by birth. Complainant is a bona fide STW Consumer of Electricity at the above noted premises under Tariff Class-C(T) vide Service Connection against Consumer Id: 223042239, Meter No.RSX13108 for running and maintaining his livelihood by way of agriculture. The Complainant is paying the bills on regular basis as charged by the Ops but, could not make payment since the year 2021 owing several reasons like Covid-19 pandemic, massive flood in 2021 and educational expenses for her son and daughter. Although the Complainant undertakes to make payment of outstanding bill till billing month of December 2021 in one installment.

2. Suddenly, the Complainant was served an Electricity Bill dated: 17.01.2022 amounting to Rs.14,068.63 against 3191 Units for the period 06.12.2021 to 07.01.2022 i.e. only for 33 Days out of which 638 Units were recorded as “Pick Hour Unit” i.e. from 6:00 PM to 11:00 PM during which the Complainant never run its’ STW Pump due to high tariff rate. Not only that, consumption of @99.71 Unit/Day is very much unscientific and unreasonable whereas the STW connection consumes @3.5 Unit/Day, even if such pump runs for 24 Hours throughout the 33 Days, then it also could not reach 3131 Units. The Complainant objected by issuing the letter dated: 10.03.2022 to the Op No.3 for such fictitious bill with a demand to reassess with a fresh bill but, the result was nugatory.

3. The Complainant further states that all the outstanding raised by the Op No.3 is admitted and liable to pay by the Complainant except the disputed and fictitious bill for the Month of January’2022 dated: 17.01.2022 amounting to Rs.14,068.63 but, whenever the Complainant approached to the Op No.3 for making payment of outstanding dues, declined to accept by citing the excuse to pay all outstanding dues at a time including the disputed bill amount. As a result, the Complainant was restraint from making payment of outstanding dues by the Op No.3 which amounts to unfair and restrictive trade practice.

4. The Complainant wrote several letters to the Op No.3 dated: 10.03.2022, 04.04.202 and 18.05.2022 towards accepting the outstanding dues except the disputed Bill dated: 17.01.2022 but, the result was nugatory. The Ops are being the Service Providers (the licensor) for supply of electricity against a valid bill and Ops are bound to discharge their obligation like rectification of wrong bills, failure of which amounts to gross negligence of service.

5. Finding no other alternatives, the Complainant has filed this case before the Ld. Commission u/s 35 of the Consumer Protection Act, 2019.

6. The cause of action if this case arose on 3^rd January’2022 when the Op No.3 shown the deafening silence over the first representation made by the Complainant.

The Complainant, therefore, prays for :-

1. To set aside the disputed and fictitious Bill dated: 17.01.2022 for Rs.14,068.63 by regeneration of fresh bill as per the previous average meter consumption.

2. An order for allowing the Complainant to make payment of all outstanding bills since 2021.

3. An order to pay Compensation of Rs.50,000.00 to the Complainant for mental agony, deficiency of service, loss of opportunities, harassment and breach of trust by the Ops.

4. An order for payment of Litigation Cost of Rs.20,000.00 to the Complainant by the Ops.

5. Any such order or orders for such mala-fide intention of deliberate lapses, gross negligence, deficiency in service and unfair trade practices on the part of the Ops.

7. Notices were duly served upon the Ops but, Ops preferred to see that the case be decided ex-parte against them.

8. Under the above circumstances, the Complainant has prayed for ex-parte order against the Ops.

9. 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?

10. Decision with reasons

1. Both the Points No.1 and II, being inter related to each other, are taken up together for discussion for sake of brevity and  convenience.

2. We have carefully perused and assessed the Affidavit of the Complainant, Written Notes on Arguments filed by the Complainant with other related papers and documents.

11. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that the Complainant being a consumer has alleged gross negligence, deficiency in service and unfair trade practice against the Ops. He runs the Service Connection No. (Consumer Id) 223042239, Meter No.RSX13108 for maintaining his livelihood; the bundle of facts indicate that this case is maintainable in its present form and in law.

12. In the instance case, the Complainant submitted a list of documents along with the Plaint comprises of Annexure - ‘A’ to ‘D’ total 16 Pages including disputed Electric Bills for the period January’2022, various correspondences by the Complainant dated: 10.03.2022 and 18.05.2022 respectively, a Mediation Report dated: 12.05.2022 and the Written Notes of Arguments.

13. From the above submitted documents, it is carefully observed; the Complainant has stated on oath that he has undertaken to make payment of outstanding electricity Bills till the month of December’2021 in one installment but, whenever the Complainant approached to the Op No.3 for making payment of outstanding dues, he declines to accept with an excuse that all payment should be made in one time including the disputed bill amount.

14. As per the Complainant, an Electricity Bill dated:17.01.2022 amounting to Rs.14,068.63 against 3191 Units served to her during the period 06.12.2021 to 07.01.2022 i.e. only for 33 Days out of which 638 Units were recorded as “Pick Hour Unit” i.e. from 6:00 PM to 11:00 PM during which the she never runs its’ STW Pump due to high tariff rate. Not only that, consumption of @99.71 Unit/Day is very much unscientific and unreasonable whereas the STW connection consumes @3.5 Unit/Day, even if such pump runs for 24 Hours throughout the 33 Days, then it also could not reach 3131 Units.

15. Moreover, the Commission is in view, in some rural area seasonal cultivation and irrigation depend upon the STW connections where periodical checking of meter is necessary. In the instant case, even after receiving several complaints regarding a disputed Bill dated: 17.01.2022 by the Complainant, the Ops not checked the Meter with its’ technical experts; no mechanical test of the meter was done.

16. Therefore, from the evidence of Complainant it clearly transpires that there are elements of Negligence and Deficiency in Service by the Ops.

1. Now, coming to the matter of reliefs. The Ops can’t get absolved from the mischief of Negligence, Harassment and Deficiency in Service. So, we think it would just and proper if we direct the Ops to overhaul the accounts of the Complainant and regenerate a fresh bill in accordance with the average meter reading of the preceding Six Months consumption from date of disputed  bill dated: 17.01.2022, for service connection No.(Consumer Id) 223042239, Meter No.RSX13108 and to receive consumption charges without imposing any surcharge and penalty; to allow for making payment of all outstanding due bills in one installment since 2021; to pay Compensation of Rs.10,000.00 towards mental agony and harassment and Rs.5,000.00 for Litigation Costs to the Complainant within 30 days from the date of this order in default the Ops, jointly or severally will have to pay Rs.100.00 per diem to the Complainant till full compliance of the order.

2. Accordingly, both the points are decided in favour of the Complainant.

3. Thus the complaint case succeeds.

Hence, it is

O R D E R E D

That the CC-127 of 2022 be and the same is allowed ex-parte against the Ops.

4. The Ops are hereby directed to adjust all paid bills, by applying proper multiplying factor (if any), according to the average of meter reading of preceding Six Months from date of disputed bills raised on 17.01.2022 by regenerating a fresh bill for Service Connection against Consumer Id: 223042239 Meter No.RSX13108 and to receive consumption charges without imposing any surcharge and penalty. To allow the Complainant for making payment of all outstanding due bills in one installment since 2021. In addition to that Rs.10,000.00 is awarded towards mental agony and harassment and Rs.5,000.00 is awarded for litigation expenses of the Complainant.

5. Alternatively, the Ops may settle the dispute with the Complainant by asking to pay the Rs.14,068.63 of the disputed outstanding bill amount in (04) Equal Monthly Installments from the month of December’2023.

6. The Ops are further directed to restore the electric connection if disconnected in the event of any occasion arose out the cause of action of the instant case.

7. The Ops shall comply the above directions within 30 days from the date of this order; in default the Ops will be jointly or severally liable to pay Rs.100.00 per diem to the Complainant till full compliance of the order.

8. The Complainant would be at liberty to put the order into execution u/s 71 of the Consumer Protection Act, 2019 and to initiate a proceeding u/s 72 of the Consumer Protection Act, 2019.

1. Let a copy of this judgment be provided to the parties free of cost. The judgment be uploaded forthwith in the website of the Commission for the perusal of the parties.