IMPORTANT POINT
Dispute concerning electricity bills must be considered by appropriate grievance redressal machinery.

S. Coari, Member—The present appeal has been directed against the judgment and order dated 29.7.2009 passed by the learned District Forum, Nadia, in C.F. Case No. CC/09/29, wherein the learned District Forum allowed the complaint case on contest with cost of Rs.1,000 together with compensation of Rs.5,000.

2. The complainant/respondent’s case before the learned District Forum, in brief, was that initially the complainant was a consumer under the OP/appellant in respect of a commercial connection meant for his hotel business. Subsequently the complainant applied for conversion of commercial connection into domestic connection as his hotel business was stopped. It was the further case of the complainant that the meter in question was defective, but the same was not corrected or changed by the OP. Instead of that the complainant received an inflated consumption bill to the tune of Rs.4,431 for the period commencing from December, 2008 to February, 2009. The complainant challenged the inflated bill, which resulted disconnection of his line. Being aggrieved and dissatisfied with such action on the part of OP the complainant sought .for Redressal before the learned District Forum by filing a complaint case.

3. The OP/appellant contested the case by filing written version thereby denying all the material averments of the petition of complaint contending inter alia that though the hotel business was not functioning in the premises in question, but the same was used as a school at the instance of the complainant and, hence, there was suppression of material facts at the instance of the complainant and the same cannot be considered to be a domestic consumption. The bill in question raised by the OP was the result of average billing calculated as per established norms and conditions. The complainant having instituted the complaint case on all false and fictitious grounds the same is liable to be dismissed with cost.

4. Learned District Forum while disposing of the petition of complaint has observed that there was deficiency in service at the instance of the OP inasmuch as the average bill was prepared not observing the usual procedure. Besides that, there was no reason on part of the OP to disconnect the electric connection when the complainant raised the bona fide dispute. Learned District Forum has also observed that as the OP has not approached the Forum with clean hands, question of approaching the appropriate Forum in terms of the grievance procedure by the complainant does not arise at all and in such circumstances, it was quite just and proper on part of the complainant to approach the District Forum and accordingly disposed of the petition of complaint in favour of the complainant as mentioned above.

5. The only moot question that revolves round the present appeal is as to whether the learned District Forum was justified enough in disposing of the case in the manner as discussed above.

Decision with reasons.

6. At the time of hearing it has been submitted on behalf of the respondent that the learned District Forum was quite justified in disposing of the petition of complaint in favour of the complainant after ordering compensation and litigation cost in favour of the complainant. As the connection was already restored in favour of the complainant, learned District Forum did not pass any order in that aspect. While supporting the impugned judgment it has been submitted on behalf of the respondent that question of approaching the appropriate Grievance Redressal Machinery constituted under the appropriate authority does not arise as the appellant/OP committed mischief in not raising the disputed bill after observing usual procedures and methods. When the Act specifically provides for raising average bill on the basis of only past six months undisputed bills, it was not just and proper on part of the OP to raise the impugned bill on the basis of only one month’s bill and, as such, the learned District Forum was just and proper i