State Consumer Disputes Redressal Commission
The Company, North Bihar Power ... vs Shashank Kumar on 4 September, 2023
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BIHAR, PATNA FINAL ORDER Revision Petition No. RP/2/2023 ( Date of Filing : 23 Feb 2023 ) (Arisen out of Order Dated in Case No. CC/105/2022 of District Pashchim Champaran) 1. The Company, North Bihar Power Distribution Company Ltd. & Ors office at NBPDCL building, Power House chowk, PO- Bettiah, District- West Champaran, Bihar- 845438 ...........Appellant(s) Versus 1. Shashank Kumar (electricity consumer no. 400355758), resident of Mohalla- Church Road, PO- Bettiah, District- West Champaran- 845438 ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE SANJAY KUMAR PRESIDENT MD. SHAMIM AKHTAR JUDICIAL MEMBER RAM PRAWESH DAS MEMBER PRESENT: Dated : 04 Sep 2023 Final Order / Judgement STATE CONSUMER DISPUTE REDRESSAL COMMISSION BIHAR, PATNA Revision No. 02 of 2023 1. The Company, North Bihar Power Distribution Company Ltd. Office at NBPDCL building, power house Chowk, P.O.- Bettiah, Distt.- West Champaran, Bihar -845438 2. The Chairman, Bihar State Power Distribution Company Ltd. Office at- 1st Floor, Vidyut Bhawan, Jawahar Lal Nehru Marg, Patna 3. The Managing Director, North Bihar Power Distribution Company Ltd. Office at 1st Floor, Vidyut Bhawan, Bailey road, Patna. 4. The Assistant Electrical Engineer, NBPDCL, Bettiah Electric supply sub division, Office at NBPDCL building, power house chowk, P.O.- Bettiah, Distt.- West Champaran, Bihar. 5. The Junior Engineer, NBPDCL, Bettiah Electric supply-Sub Division, Officer at: NBPDCL building, Power house Chowk, P.O.- Bettiah, Distt.- West Champaran, Bihar. ........ Opposite parties- Petitioner Versus Shashank Kumar (Electricity Consumer No.400355758); Resident of Mohalla- Church road, P.O.- Bettiah, Distt.- West Champaran -845438. .........Complainant-Respondent Before, Hon'ble Mr. Justice Sanjay Kumar, President Mr. Ramprawesh Das, Member
Md. Shamim Akhtar, Member For the Petitioner : Mr. V.C. Srivastava, Advocate For the Opposite party: Mr. Nesar Ahmad, Advocate Dated 04.09.2023 O r d e r Per:Mr. Justice Sanjay Kumar,J: President This revision petition has been filed on behalf of petitioner / opposite party/ Electricity Board for setting aside interim order dated 10.11.2022 passed in complaint case no.105 of 2022 passed by learned District Consumer Forum, Bettiah whereby and where under petitioner/opposite party has been restrained from deducting Rs.3,000/- per day from account of complainant which was being deducted as arrears of Electricity dues of complainant.
Complainant was granted new Electricity connection in his premises on 17.10.2009 but when monthly Bill was not issued he approached the officials of Electricity Board but no electricity Bill was provided in absence of consumer number and consumer I.D. and finally he was provided Electricity Bill dated 05.01.2014 with consumer I.D. and consumer number but same was incorrect as previous meter reading and present meter reading was same and dues shown was Rs.91,389/- which included DPS of Rs.22,484/-. Complainant was not liable to pay DPS as he was willing to pay the monthly electricity Bill but same was not provided to him.
Complainant approached officials to settle his claim under O.T.S 2014 scheme and was assured by officials for settlement of his claim under O.T.S Scheme by issuing revised electricity Bill. Complainant was asked to deposit Rs.50,000/- and he deposited it on 31.03.2015 but revised Bill was not issued.
Old meter of complainant was replaced by digital meter. Complainant received e-bill of arrear of Rs.12,08,045/-. Disconnection notice was issued on 05.07.2022 with revised Bill of Rs.10,41,820/- and complainant deposited Rs.2,50,000/- in Four installments within 15 days to avoid disconnection. Prepaid meter was installed and total dues was shown as Rs.9,04,620/-.
Appellants stated that complainant is three phase domestic category consumer with sanction loan of 10KW. Complainant was billed on basis of meter reading till the month of July 2019 on basis of actual consumption. Billing was done on average unit basis from August 2019 to March 2022 due to technical defect in the meter. Bill was rectified in the month of March 2022 on basis of average consumption unit and Rs.1,66,225/- was reduced. Prepaid meter has been installed on 01.09.2022 and outstanding amount in bill is correct.
It appears that there is genuine dispute between the parties with respect to actual consumption of electricity, since the installation of electric meter from 17.10.2009 and complainant has alleged that he has been denied benefit of O.T.S Scheme and inflated bill has been served upon him and revised Bill has not been issued to him after considering his objections over the Bill amount as such the District Consumer Forum has restrained the opposite party/appellant to deduct Rs.3,000/- from the account of complainant.
This commission is not inclined to interfere in the interim order passed by the District Consumer Forum, Bettiah. However, the District Forum is directed to decide the complaint case at the earliest.
The revision petition is accordingly disposed of Shamim Akhater Ramprawesh Das S. Kumar, J Member Member President Mukund [HON'BLE MR. JUSTICE SANJAY KUMAR] PRESIDENT [ MD. SHAMIM AKHTAR] JUDICIAL MEMBER [ RAM PRAWESH DAS] MEMBER