Ld Advocates are present. Judgement is ready. It is pronounced in open Commission in 6 pages 3 separate sheet of papers.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts 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 consumer of Electricity under Tariff Class- C (T) at this S.T.W. Premises at the above noted address, vide Service Connection No.(Consumer ID) 202259454 Meter No. OB4790763 and that was replaced by a three phase meter no- YX020643 on20.03.2017 which runs for maintaining his livelihood, since last few years under Opposite Party. The complainant was paying regular bills to the tune of Rs. 10000-15000/- per year till 2020 which was quite reasonable as per the yearly consumption of the complainant. It is also noteworthy that, although the old meter was replaced by a new three phase meter, but the OP still issued bills by mentioning the old meter number and most of the time by putting false and fictitious meter readings, which can be clearly visible from the Meter Reading Card. It is also to be noted that after installation of the new meter, the meter reading has been taken by the men of Opposite Party only for four times (i.e. on 27.12.2018, 07.02.2019, 12.03.2019, 06.12.2019, which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated till date are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite party, however, being a consumer, the complainant had to pay all those fictitious bills. The last bill which was paid by the complainant was the bill dated 07.11.2019, amounting 1796/- and the main features of this bill is that, it mentioned the previous and present meter unit reading which was nowhere nearer to the actual reading shown in the meter reading card around that time, and also, it mentioned and outstanding amount of Rs. 1657/-. The Complainant however paid the said bill on 30.11.2019. That surprisingly, on 13.03.2020, a bill was issued by the Opposite Party asking Rs. 106939/- from the complainant, now showing Rs. 94672.57/- as the outstanding amount. Moreover, it mentioned the meter reading as 12260, whereas the last meter reading recorded in the meter reading card on 06.12.2019 shows that the meter reading was 20245 on 06.12.2019. Such a bill is not just absurd, but also reflects the deliberate, desperate and whimsical attitude of the OP, and not only that, when the complainant went at their office to challenge such bogus bill of Rs. 106939/- he was firmly advised by the Op to pay the full amount immediately, otherwise his service connection shall be disconnected in the peak of season, thus played the game of blackmailing also. Be it noted that for the last few year’s the complainant was paying electricity bills in the range of Rs. 10000-15000/- per year, and never failed to pay any other previous bills, and he was just stunned to receive such a bill without taking any meter reading, by mentioning old and discarded meter number and by writing a fictitious and absurd amount in the name of “outstanding amount” on the said bill. The complainant visited Op’s office for several times but he paid no heed, and took no effort to revise the same and to send true bill by taking actual meter reading, rather continuously blackmailed him. The complainant never consumed any such electrical energy at any point of time till date so that he can be charged to the above tunes of money and Op’s bill dated 13.03.202 is not only erroneous and absurd, but also fictitious bogus baseless and purposive to cause huge loss to the complainant. The OP, instead of taking any step for rectification, paid no heed and harassed to the Complainant with derogatory languages, and not only that, the Op’s staffs continuously threatening the complainant  to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. Till date the OP took no effort to rectify the same rather it appears that the Op took an illegal and negligent effort to issue such a bogus, illegal and fake Energy Bill in the name of the Complainant and moreover, despite of receiving objections from him till date kept the same alive as it is causing a great mental agony and grievances to him. Finding no other alternatives complainant is hereby filing this case before the Ld. Commission praying for the following reliefs : To direct the Opposite Party  to issue as per exact Energy Bill, as consumed by the Complainant till date (if any at all) by taking Meter reading and to discard the erroneous and fictitious bills dated 13.03.2020. To pay a compensation of Rs. 50,000/- to the complainant by Opposite Party for negligence and deficiency in service. To pay litigation cost of Rs. 10,000/- to the complainant for conduction this case and to pass such other orders of relief as the Ld. Commission may deem fit and proper.

The op has contested the case by filing written version against the complaint  In the written version the op has stated inter alia that the case is not maintainable in its present form and in law .The op denied the allegations of the complaint paragraph-wise save and accept which specifically admitted. It is submitted that The present petition is not maintainable in its present form and prayer. The Connection is industrial Connection STW (Shallow Tube Well) Connection and the complainant is running business with the help of that Shallow Tube Well connection and so, no consumer case is maintainable against the said connection for nonpayment of consumption of electricity charges. The Bill has been served as per provision of Electricity Act. So, no case is maintainable in the Consumer Commission by challenging the Bill. It is submitted that the electric Connection was made at the complainant’s premises vide Consumer ID 202259454, Installation No. 19564309, and Meter No. OB4790763 on 03.03.2017. The meter has been replaced physically with a New 3 Ph meter, YX020653 on 20.03.2017 but changed in system on 10.12.2019. This is a permanent STW service connection. The energy bill is generated monthly as per terms and conditions. The first energy bill was generated as on 05.04.2017 for consumption month of April, 2017 with meter reading Normal 1557, Peak-O, Off Peak-O unit amounting of Rs. 6321.13. A payment of Rs. 6320/- was add on 20.04.2017. The next energy bill was generated as on 12.05.2017 for consumption month of May 2017 with meter reading Normal-150, Peak-50, Off peak-200 unit amounting of Rs. 1592.12 with LPSC Rs. 6.32/- The next energy bill was generated as on 12.05.2017 for consumption month of May, 2017 with meter reading Normal-150 Peak-50 off Peak-200 unit amounting of Rs. 1592.12 with LPSC Rs. 6.32/-. The next energy bill was generated as on 02.06.2017 for Consumption month of May, 2017 with meter reading Normal-4, Peak-3, Off peak-2, unit amounting of Rs. 111.20/- with OSD Rs. 1593.25/-. A payment of Rs. 1700/- was made on 12.06.2017 were based on fixed charge and very small amount of unit amounting of Rs. 134.78/- with OSD 670.58/-. The very next energy bill was generated on 07.02.2018 for consumption month of Feb 2018 with the meter reading Normal 160- Peak-37, Off peak-223 unit amounting of Rs. 1586.62/- with OSD Rs. 805.36/- Then the energy bill was generated on 18.03.2018 for consumption month of February, 2018 with the meter reading Normal-4, Peak-3, Off Peak-3 unit amounting of Rs. 113.62/- with OSD Rs. 2391.98/- On 26.03.2018 the next energy bill was generated for consumption month of April, 2018 with the meter reading Normla-1031, Peak-562 Off peak-656, unit amounting of Rs. 10293.33/- with OSD Rs. 2505.60/-. The next energy bill was generated on 25.04.2018 for consumption month of May. 2018 with the meter reading Normal 153, Peak-83, Off peak-98 unit amounting of Rs. 1556.96/- with OSD Rs. 12,798.93/-. On 18.05.2018, the Consumer had paid Rs. 14,340/- The next energy bills generated upto 06.03.2019 were based on fixed charge and very small amount of unit amounting of Rs. 68.80/- with OSD 1033.82/-. On 25.03.2019 the next bill was generated as defective meter for the consumption month of April, 2019 with the meter reading Normal 754, Peak-411, Off peak-480 unit amounting of Rs. 8655/- with OSD Rs. 1102.62/-. The next energy bill was generated on 02.06.2019 for consumption month of June, 2019 with the meter reading Normal-4,, Peak-3, Off peak-2 unit amounting of Rs. 111.20 with OSD Rs. 1593.25/-. A payment was made amounting of Rs. 10520/- on 06.06.2019. From 04.06.2019 to 09.07.2019 two Nos. of bills were general with fixed charge amounting Rs. 68.80/- with OSD Rs. 344.02/-. On 13.08.2019, an amount of Rs. 413/- was paid. The next energy bill was generated on 06.08.2019 for consumption month of August. 2019 with the total meter reading 334 unit (Normal 281, Peak 18, Off peak 35, Suit) amounting of Rs. 1433.17/- with OSD-Nil. The energy bills generated upto 07/11/2019 were based on fixed charge amounting of Rs. 139.60/- with OSD 1657.59/-. A payment has been made by consumer amounting Rs. 1789.00/- on 30.11.2019. The meter has been replaced a new 3 ph meter, YX020653 in system on 10.12.2019. The next energy bill was generated as on 15.01.2020 for consumption month of January 2020 with meter reading in total 20245 unit (In our system, normal 10000, Peak 4200, Off peak 6045 unit) in new meter and 13 unit old meter amounting of Rs. 88865.00/- (including LPSC of Rs. 51.20/-) with no OSD. Then the energy bill was generated as on 14.02.2020 for consumption month of February 2020 with meter reading in total 1449 unit ( In system, Normal 847, Peak 139, Off peak -463 unit) amounting of Rs. 5807.71/- with OSD 88865/-. After this, the energy bill was generated as on 13.03.2020 for consumption month of March 2020 with meter reading in total 2827 unit (in the system Normal 1413, Peak 566, Off Peak 848 unit) amounting of Rs. 12389.79/- with OSD 94672.57/-. On 303.2020, the next bill was generated on estimation basis due to unprecedented Covid-19 situation, for month of April, 2020 with a total meter reading 191 unit (Normal 236, Peak 128, Off Peak-151 Unit) amounting of Rs. 2437.44/- with OSD Rs. 107954.58/-. On 15.06.2020 the next bill was generated on estimation basis due to unprecedented Covid -19 situation, for month of June, 2020 with a total meter reading 4099 unit (Normal 2044, Peak 826, Off peak-1229 unit) amounting of Rs. 17934.35/- with OSD Rs. 110392.92/- From 15.06.2020 to 02.12.2020 the bill were generated with fixed charge amounting Rs. 68.80/- with OSD Rs. 128670.37/-. The last Bill generated was of total reading 29326 unit and last meter reading physically found in the office of the O.P. inspection is 28228 unit on 14.12.2020. That the complainant did not pay the consumption charges and filed false case which is not maintainable and bill was generated by computer and it is correct as per law. So, the instant case is liable to be dismissed.

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 and unfair trade practice against the op- ; Service Connection No.(Consumer ID) 202259454 Meter No. OB4790763 ‘replaced by a three phase meter no- YX020643 on 20.03.2017 runs for maintaining his livelihood since last few years under Opposite Party; the bundle of facts indicate that this case is maintainable in its present form and in law.

The complainant has stated on oath so that although the old meter was replaced by a new three phase meter yet the OP l issued bills by mentioning the old meter number and most of the time by putting false and fictitious meter readings, which can be clearly visible from the Meter Reading Card. It is also to be noted that after installation of the new meter, the meter reading has been taken by the men of Opposite Party only for four times (i.e. on 27.12.2018, 07.02.2019, 12.03.2019, 06.12.2019, which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated till date are fictitious, whimsical having no basis and completely based upon the personal will, wish and satisfaction of the Opposite party, however, being a consumer, the complainant had to pay all those fictitious bills. The last bill which was paid by the complainant was the bill dated 07.11.2019, amounting 1796/- and the main features of this bill is that, it mentioned the previous and present meter unit reading which was nowhere nearer to the actual reading shown in the meter reading card around that time, and also, it mentioned and outstanding amount of Rs. 1657/-. The Complainant however paid the said bill on 30.11.2019. That surprisingly, on 13.03.2020, a bill was issued by the Opposite Party asking Rs. 106939/- from the complainant, now showing Rs. 94672.57/- as the outstanding amount. Moreover, it mentioned the meter reading as 12260, whereas the last meter reading recorded in the meter reading card on 06.12.2019 shows that the meter reading was 20245 on 06.12.2019. That thus such a bill is not just absurd, but also reflects the deliberate, desperate and whimsical attitude of the OP, and not only that, when the complainant went at their office to challenge such bogus bill of Rs. 106939/- he was firmly advised by the Op to pay the full amount immediately, otherwise his service connection shall be disconnected in the peak of season, thus played the game of blackmailing also. Be it noted that for the last few year’s the complainant was paying electricity bills in the range of Rs. 10000-15000/- per year, and never failed to pay any other previous bills, and he was just stunned to receive such a bill without taking any meter reading, by mentioning old and discarded meter number and by writing a fictitious and absurd amount in the name of “outstanding amount” on the said bill. The complainant visited Op’s office for several times but he paid no heed, and took no effort to revise the same and to send true bill by taking actual meter reading, rather continuously blackmailed him. The complainant never consumed any such electrical energy at any point of time till date so that he can be charged to the above tunes of money and Op’s bill dated 13.03.202 is not only erroneous and absurd, but also fictitious bogus baseless and purposive to cause huge loss to the complainant. The OP instead of taking any step for rectification, paid no heed and harassed to the Complainant with derogatory languages, and not only that, the Op’s staffs continuously threatening the complainant  to remove and disconnect the said supply line, thus a separate petition has been filed by the complainant. Till date the OP took no effort to rectify the same rather it appears that the Op took an illegal and negligent effort to issue such a bogus, illegal and fake Energy Bill in the name of the Complainant and moreover, despite of receiving objections from him till date kept the same alive as it is causing a great mental agony and grievances to him.

The op has resisted the claim of the complainant and asserted inter alia that on 25.03.2019 the bill was generated as defective meter for the consumption month of April, 2019 with the meter reading Normal 754, Peak-411, Off peak-480 unit amounting of Rs. 8655/- with OSD Rs. 1102.62/-. The next energy bill was generated on 02.06.2019 for consumption month of June, 2019 with the meter reading Normal-4,, Peak-3, Off peak-2 unit amounting of Rs. 111.20 with OSD Rs. 1593.25/-. A payment was made amounting of Rs. 10520/- on 06.06.2019. From 04.06.2019 to 09.07.2019 two Nos. of bills were general with fixed charge amounting Rs. 68.80/- with OSD Rs. 344.02/-. On 13.08.2019, an amount of Rs. 413/- was paid. The next energy bill was generated on 06.08.2019 for consumption month of August. 2019 with the total meter reading 334 unit (Normal 281, Peak 18, Off peak 35, Suit) amounting of Rs. 1433.17/- with OSD-Nil. The energy bills generated upto 07/11/2019 were based on fixed charge amounting of Rs. 139.60/- with OSD 1657.59/-. A payment has been made by consumer amounting Rs. 1789.00/- on 30.11.2019. The meter has been replaced a new 3 ph meter, YX020653 in system on 10.12.2019. The next energy bill was generated as on 15.01.2020 for consumption month of January 2020 with meter reading in total 20245 unit (In our system, normal 10000, Peak 4200, Off peak 6045 unit) in new meter and 13 unit old meter amounting of Rs. 88865.00/- (including LPSC of Rs. 51.20/-) with no OSD. On 30.3.2020, the next bill was generated on estimation basis due to unprecedented Covid-19 situation, for month of April, 2020 with a total meter reading 191 unit (Normal 236, Peak 128, Off Peak-151 Unit) amounting of Rs. 2437.44/- with OSD Rs. 107954.58/-. On 15.06.2020 the next bill was generated on estimation basis due to unprecedented Covid -19 situation, for month of June, 2020 with a total meter reading 4099 unit (Normal 2044, Peak 826, Off peak-1229 unit) amounting of Rs. 17934.35/- with OSD Rs. 110392.92/- From 15.06.2020 to 02.12.2020 the bill were generated with fixed charge amounting Rs. 68.80/- with OSD Rs. 128670.37/-.  It appears that although the old meter was replaced by a new three phase meter yet the OP  issued bills by mentioning the old meter number and most of the time by putting false and fictitious meter readings, which can be clearly visible from the Meter Reading Card. Onus to prove that complainant had consumed the units as shown on the bills lay upon opposite party who failed to prove that complainant had consumed such units-. From the version of the op it is very much clear that the meter was defective . The meter has been replaced with a new 3 ph meter, YX020653 in system on 10.12.2019. A few bills were generated on estimation basis. The op failed to explain as to which method OSD bills were generated. The incidents of delayed replacement of meter, replacement of 3 – phase in the system establish that op raised the disputed bill on their whims and caprices. The opposite party has not produced report of any expert to ascertain that complainant had consumed said electricity units for the period .The op has not tested the meter calibration by using laptop method. Opposite party issued disputed bill on basis of presumption and not as per actual consumption. Demand of opposite party on basis of higher units shown in bill is illegal, arbitrary and amounted to deficiency in service- In some rural area seasonal cultivation and irrigation depend upon the STW connections. Such type of connections should not be whimsically disconnected. Regular redressal of complain of the consumer is required. Meter should be examined by the expert; no mechanical test of the meter was done. The complainant is entitled to get relief. The opposite party requires to be directed to raise fresh bill after discarding the bill dated 13.03.2020, according to average of meter reading of preceding six months from date of disputed bill i.e. 13.03.2020 for Service Connection No.(Consumer ID) 202259454 Meter No. OB4790763 replaced by a three phase meter no- YX020643 on 20.03.2017 and to receive consumption charges without imposing any surcharge and penalty and in case any amount out of demanded amount was deposited by complainant, same be also be refunded or adjusted in account of complainant , Rs. 5,000 is to be awarded towards mental agony and harassment and Rs. 5,000 for litigation expenses.

Both the points are decided accordingly. Thus the complaint case succeeds in part.

Hence, it is

O R D E R E D

That the CC/221 of 2020 be and the same is allowed in part on contest against the OP.

The OP is hereby directed to  raise fresh bill after discarding the bill dated 13.03.2020 according to average of meter reading of preceding six months from date of disputed bill i.e. 13.03.2020  for Service Connection No.(Consumer ID) 202259454 Meter No. OB4790763 replaced by a three phase meter no- YX020643  and to receive consumption charges without imposing any surcharge and penalty. In case of any amount out of demanded amount was deposited by complainant, same also be refunded or adjusted in the account of complainant. In addition to that Rs. 5,000 is awarded towards mental agony and harassment and Rs. 5,000 is awarded for litigation expenses of the complainant.

Alternatively, the op may settle the dispute with the complainant by asking the complainant to pay the 60% of the disputed bill amount after deduction of the  surcharge and penalty in consultation with the Superior Officer.

The OP is 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.

The op will comply the above directions within 30 days from the date of this order; in default the op will be liable to pay Rs.100/- per day to the complainant till full compliance of the order.

The complainant will be at liberty to put the order into execution if requires.

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