IMPORTANT POINT
Electricity duty should be calculated on electricity consumption.

ORDER

C. Viswanath Member

The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Gujarat, Ahmedabad (hereinafter referred to as the “State Commission”) in F.A.No.598 & 1149 of 2006 dated 04.05.2011.

2. In the Complaint Case, the Petitioner/Complainant stated that the owner of Block No.14/A of Laxmi Apartment Co-operative Housing Society Ltd. was Mr. Vinodrai Kotadiya. He had purchased the said property from the original Owner Laxmidas Karamshibhai Bhut by sale deed on 03.02.1998. The Petitioner purchased the aforesaid property in the year 1988. The Petitioner also managed the maintenance of the above said block, paying the bills for water, light, house-tax, etc. The Petitioner was living alone in the above said property and that too hardly for one to two days in a week. The bi-monthly power consumption came to 20 to 25 units. The Respondents/Opposite Parties, however, intentionally issued wrong and arbitrary bills for higher amounts.

3. The Petitioner stated that the Respondents charged more than the consumption for the following time period:-

v In March-April 1994, the Respondents had with allegation and wrong remark “link down” and “F” (Faulty) issued bill for 90 units against 17 units of consumption.

v In May-June, 1994 without taking the meter reading and with remark “To Transfer” and “F” issued bill for 70 units.

v Bill was issued in July-August, 1994 for 70 units, F remark was cancelled.

v In September-October, 1994 against consumption of 65 units, bill was issued for 70 units with “F” remark.

v In November-December, 1994 against the meter reading for 18 units, bill was issued for 70 units consumption with remarks “F” and “No body seal of meter”.

v From 10.03.1995 to 18.03.1995, Petitioner was out of station and his house was closed. During this period on 13.03.1995 they alleged, without any evidence “meter is dislinked and ceased and payment of this bill should be accepted only after filling the form by the Petitioner”. Initially the bill for January-February 1995 was prepared for 70 units consumption and for 70 units average consumption and after scratching out it meter reader was unauthorisedly raised it for 120 units consumption and for 120 units average consumption. The Respondents Board served this bill by post with false demand notice.

4. Petitioner visited the Respondents’ local office several times and requested to cancel the objectionable remarks and asked them to issue a bill for consumption according to meter reading but the Respondents were not rectifying the bills. The Petitioner, therefore, issued a notice to the Respondents on 2.04.1995. The Respondent fixed new meter on 1.5.1995 and tested it on 9.5.1995 in the Board’s Laboratory whereby seal wires of the meter were found to be missing, totally destroyed due to corrosion and even in down position of link meter was working properly. It was also noted that “meter’s PP link found in order and meter is not tempered with”. It was further noted that “this is not a case of Power theft and the meter was found OK in the laboratory test. Despite this, bill for 120 units of consumption was served and the Respondents harassed the Petitioner by preparing wrong bills for huge amounts. A Complaint was, thus, filed by the Petitioner alleging deficiency of service on the part of Respondents.

5. TheComplaint was contested by the Respondents whereby it was reiterated that the forum had no jurisdiction to hear this complaint. The relief claimed by the Complainant regarding refund of amount and compensation, could be granted only by a Civil Court. The Petitioner was not the owner of the suit premises and he had no power to file the Complaint. That the original owners Laxmidas Bhut and Vinodrai Kotadiya sold the said property to the Petitioner was not in the knowledge of the Respondents and hence denied the same. As per the Respondents, the Petitione