SMT.SMARITA MOHANTY, MEMBER
Challenging the order dated 5.10.2015 passed by learned District Forum, Jharsuguda, in C. C. No. 26 of 2014. O.Ps. filed the present appeal before this Commission.
The background facts of the case are to the effect that complainant is a consumer under the O.Ps. since 1998 bearing consumer no. 4131-0301-0737 and paying the electricity dues regularly. It was alleged that since the date of connection the supply of voltage was low. In the year 2001 complainant received one electricity bill of Rs.22,248/- without taking meter reading. Complainant lodged a complaint before SDO (Electrical), Jharsuguda on 15.12.2001. Accordingly SDO (Electrical), Jharsuguda sent three persons to inspect the meter. It was found to be a defective one and wrong billing was made and fixed Rs.222/- only per month on average basis and promised to cancel the said bill but till date the O.Ps. did not correct the same and disconnected the electricity supply. Complainant filed this case for proper relief.
Notices were served on O.Ps. They appeared and filed written version jointly. Admitting the fact that complainant is a consumer vides consumer no. 4131-0301-0737 but denied the fact that voltage supply was low. It was submitted that complainant defaulted in making payment of electricity bills and has an outstanding amount of Rs.39,633/- only up to May 2015. The bills were prepared as per actual consumption of electricity and as per verification report the O.Ps. denied any deficiency of service and prayed for dismissal of the case.
After hearing the parties at length, learned District Forum allowed the complaint with directions to O.Ps. to take proper meter reading regularly and issue actual bills as per consumption. Further the O.Ps. are directed to waive out the entire disputed bill amount and pay a sum of Rs.2,000/- only towards harassment, mental agony including cost to the complainant.
Being aggrieved by the aforesaid order, O.Ps. filed the appeal before the before this Commission on the ground that no complaint has been received at any point of time and complainant is a regular defaulter in payment of electricity dues. He makes payment of dues at his sweet will due to which huge arrear bill to the tune of Rs.39,633/- up to May 2015 is outstanding against him. Complainant is not entitled to get any relief as no illegality has been committed in raising the energy bills. The order passed by the Forum below is liable to be set aside.
Heard Mr, B. K. Nayak, learned counsel for the appellants and respondent in person.
We perused the record, impugned judgment and order as well as the LCR.
On perusal of the record along with the materials on record it has come to light that respondent availed power supply from the O.Ps. since 19.3.1998 vide consumer no. 4131-0301-0737. In the year 2001 respondent received one bill amounting to Rs.22,248/- which was alleged to be wrong. On 5.12.2001 respondent complained before SDO(Electrical) who sent three persons for verification and found the meter to be defective. Later the meter was changed which is evident from the bill August-September 2004 dated 11.10.2004. The said bill was issued on the basis of actual meter reading. The rest of the bills available on record show that it was not issued on the basis of actual meter reading rather it was issued on provisional basis or on load factor basis or on average basis. Further it is seen that respondent on various dates from the year 2001 to 2015 has paid the electricity dues amounting to Rs.20,000/- some odd. Again as per the interim order passed by the Learned District Forum respondent has paid an amount of Rs.10,000/- and power supply was reconnected.
In view of the above observations, we are of the opinion that learned District Forum has rightly passed the order.
In the result, appeal is dismissed confirming the order dated 5.10.2015 passed by learned District Forum, Jharsuguda in C. C. case no. 26 of 2015.
Records received from the District Forum be sent back forthwith.
