Ld Advocate for the complainant is present. Judgement is delivered in open Commission in 4 pages in 2 separtae 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 his S.T.W. premises at the above noted address, vide his Service Connection No.(Consumer ID) 201926935 Meter No. NX004954 which he runs for maintaining his livelihood, since last many years under Opposite Party. The complainant was paying regular bills to the tune of Rs. 15000-22000/- per year till 2019 which was quite reasonable as per yearly consumption of the complainant. It is also to be noted that at no point of time, there was any meter reading taken by the Op, and all such bills were average bills, based upon the will and wish of the OP. In March, 2019, suddenly the previous electric Meter No. 4X011105 was burnt due to thunder and as per the application of the complainant, the burnt meter was replaced by the OP with a new meter vide Meter No. NX004954 on 19.03.2019 by realizing the charge of Rs. 9100/- from the complainant. It is also to be noted the last and final meter reading has been taken by the men of Opposite Party was on 13.12.2020 which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated since installation 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. Surprisingly, on 29.09.2021, the bill was issued by the opposite Party asking the complainant to pay an absurd sum of Rs. 353112/- showing a “zero meter reading” for the billing period, but describing that out of the said absurd amount, a sum of Rs. 353044.19/- was ‘Outstanding Due amount” Be it mentioned here that the above bill was fictitious, and no meter reading was ever taken by the men of OP, and also that, in the last bill he paid on 16.03.2020 for an amount of Rs. 4460/- there was no outstanding dues. The complainant immediately contacted OP’s office and raised objection both verbally and by way of written representations, to absurd bill, and then the Op verbally assured him to revise and issue fresh bill for that period after consulting his superior offices, and advised the complainant not to pay the same and also, the fact remains that the complainant has never got the capacity to pay such huge amount. Again, when 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. The complainant never consumed and 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 29.09.2021, and thus such absurd bills are not only erroneous, 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 Ops staff have already removed and disconnected the said supply line, thus a separate petition has been filed by the complainant for immediate re connection. 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 the complainant filed this case before the Ld. Commission praying for the following reliefs. To direct the Opposite Parties: 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 29.09.2021. 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.
Notice was issued and served upon the OP. The OP has not turned up to contest the case ; hence the case proceeded ex-parte against the OP
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, evidence 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-. He holds Service Connection No.(Consumer ID) 201926935 Meter No. NX004954 which he runs for maintaining his livelihood, since last many 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 that the complainant was paying regular bills to the tune of Rs. 15000-22000/- per year till 2019 which was quite reasonable as per yearly consumption of the complainant. It is also to be noted that at no point of time, there was any meter reading taken by the Op, and all such bills were average bills, based upon the will and wish of the OP. In March, 2019, suddenly the previous electric Meter No. 4X011105 was burnt due to thunder and as per the application of the complainant, the burnt meter was replaced by the OP with a new meter vide Meter No. NX004954 on 19.03.2019 by realizing the charge of Rs. 9100/- from the complainant. It is also to be noted the last and final meter reading has been taken by the men of Opposite Party was on 13.12.2020 which is to be evident from the Meter Reading Card and thus it is needless to mention here that all the bills generated since installation 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. Surprisingly, on 29.09.2021, the bill was issued by the opposite Party asking the complainant to pay an absurd sum of Rs. 353112/- showing a “zero meter reading” for the billing period, but describing that out of the said absurd amount, a sum of Rs. 353044.19/- was ‘Outstanding Due amount” Be it mentioned here that the above bill was fictitious, and no meter reading was ever taken by the men of OP, and also that, in the last bill he paid on 16.03.2020 for an amount of Rs. 4460/- there was no outstanding dues.The complainant never consumed and 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 29.09.2021, and thus such absurd bills are not only erroneous, 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 Ops staff have already removed and disconnected the said supply line, thus a separate petition has been filed by the complainant for immediate re connection. 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 not challenged the claim of the complainant which he asserted in evidence on oath from the unchallenged averment, evidence and the documents it appears that the complainant has been able to prove his case. The complainant has proved the elements of deficiency of service and unfair trade practice against the op. The complainant is entitled to get relief. The opposite party requires to be directed to raise fresh bill after discarding the bill dated 29.09.2021, according to average of meter reading of preceding six months from date of disputed bill ie29.09.2021 for Service Connection No.(Consumer ID) 201926935 Meter No. NX004954 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/152 of 2021 be and the same is allowed in part ex-parte against the OP.
The OP is hereby directed to raise fresh bill after discarding the bill dated 29.09.2021 according to average of meter reading of preceding six months from date of disputed bill i.e. 29.09.2021 for Service Connection No.(Consumer ID) 201926935 Meter No. NX004954 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.
