HARMI WADHWA Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) This revision petition filed under sec. 21 of the Consumer Protection Act, 1986 (in short, the 'Act') assails the order of the Delhi State Consumer Dispute Redressal Commission, New Delhi (in short, 'State Commission') in First Appeal No. 685 of 2008 dtd. 9/9/2008 arising out of order dtd. 24/4/2008 in complaint no. TC/1056/07 of the District Consumer Disputes Redressal Commission, New Delhi (in short, 'District Forum') dtd. 24/4/2008.

(2.) The petitioner had approached the District Forum alleging that a credit amount of Rs.22,555.65 had not been adjusted by DESU, the predecessor agency of the respondent in its bill payable by 5/4/2002 despite several attempts to resolve the issue. As the petitioner resides alone and was overseas for nearly 11 months, the consumption of electricity was wrongly billed on account of a faulty meter. While one bill was paid under protest since disconnection was threatened, the respondent had levied LPSC which she claims is not justifiable. The District Forum directed respondent to issue bills based on average billing of 200 units per month, Rs.22,555.65 be credited to the petitioner's account without any liability of LPSC; additionally, it was ordered that debit balance in the statement of account filed by the respondent of Rs.10236.00 be adjusted as it was wrongly shown and that all payments by the petitioner from 2005 be also adjusted on the basis of average consumption of 200 units per month while for the period 8/9/2006 to 8/8/2007 only meter rent be charged as the petitioner was out of the country during that period. Payment of Rs.50,000.00 as compensation for harassment and mental agony and Rs.5,000.00 litigation cost was also awarded.

(3.) In appeal, the State Commission partly allowed the prayer of the respondent and modified the order of the District Forum to the extent that the bill on the basis of 200 units per month be limited up to June 2002 till a new meter duly tested to the satisfaction of the petitioner is installed; adjustment of Rs.22,555.65 be done against entire dues from March 2000 after deducting payments already made with no liability towards LPSC; compensation for mental agony of Rs.10,000.00 and litigation costs of Rs.5,000.00 be awarded. FDR/ Bank Guarantee were also ordered to be returned.