Orissa

Kendujhar

CC/30/2015

Harinath Patra - Complainant(s)

Versus

1. Executive Engineer, NESCO, Joda Division - Opp.Party(s)

Sri K.N. Nanda

17 Feb 2016

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

CONSUMER COMPLAINT CASE NO. 30 OF 2015

Harinath Patra, aged about 55 years,

S/O- Late Baisagu Patra,

Village- Jalahari (Jurudi),

P.O- Jajang, P.S- Bamebari,

Dist- Keonjhar                                                                            ……………….Complainant

                        Vrs

1. Executive Engineer, NESCO, Joda Division,

At/Post- Joda, Dist- Keonjhar

2. S.D.O, NESCO, Joda,

At/Post/ P.S- Joda, Dist- Keonjhar

3. Junior Engineer, NESCO, Jurudi,

At- Jurudi, P.O- Jajang,

P.S/Via - Joda, Dist- Keonjhar                                            ………………….Op. Parties

PRESENT: - Shri A.K. Purohit, President

                    Mrs B. Giri, MEMBER (W)

                    Sri S.C. Sahoo, MEMBER

Advocate for the complainant - Sri K.N. Nanda

Advocate for the O.Ps - Sk. Kamal Jumlat (Authorized Person)

__________________________________________________________________________________________________________ 

Date of Hearing - 02.02.2016                                                                        Date of Order- 17.02.2016

Sri S.C. Sahoo, Member:

1. The brief facts of the case are that the Complainant is having electricity domestic connection vide consumer No. 622112200801 with 1KW load was disconnected by the O.Ps on 13.3.2015, though the Complainant had been paying electricity dues without any delay till November 2014 at a very punctual manner. The O.Ps have disconnected power supply of the complainant on 13.3.15 without service of any notice and without assigning any reason thereof and to this the Complainant moved to O.Ps for enquiry the reason of disconnection and the O.Ps have evasively replied to the complainant that disconnection was due to pending of electricity dues of Rs.5,592/- including with arrear Rs.5,314.76p. up to November 2014. Hence this Case:

2. After Service of notice the O.Ps appeared and filed their written version stating that the Complaint of the Complainant is not at all true and correct and denied by the O.Ps and also the Complaint is not maintainable in the eyes of law and fact. The O.Ps have further stated that the Complainant was irregular in payment of the electricity dues for which an outstanding of Rs. 5,592/- including with arrear 5,314.76p. up to November 2014 was pending against the complainant up to December 2014 despite issue of monthly consuming bill in regular monthly bill. Further the Ops have stated that the bills were prepared on actual basis from April 2014 and further stated that the Complaint Petition of the Complainant is barred by law of limitation since from May 2012 and further stated that new meter was installed in the month of April 2014 bearing Meter No. 771328 and there is no deficiency of service to the complainant and prayed to dismiss the case.

3. Heard both the parties through the counsel and the authorized person and perused the materials available in record. It is not disputed by the Ops that the complainant is the consumer. The only dispute raised by the complainant is that the Ops have not supplied the electricity consuming bill regularly and without reading the meter the bills are prepared on average basis since from April 2010 to February 2014 and the new meter was affixed in April  2014 and the bill was provided on actual meter reading.

4. From the ledger report it is seen that the Ops have revised electricity bills from April 2014 to November 2014 which is not arbitrarily imposed on the complainant.

5. With these materials available in record it is proved that there is no deficiency in service on the part of the Ops for providing bills on actual basis from April 2014 to November 2014 and Ops are not liable for such deficiency for non-payment of arrear dues Rs.5,314.76p. upto November 2014.  

   ORDER

Hence, the Ops are directed to provide electricity bill in regular basis to the complainant for payment of electricity dues onwards as per ledger which is Annexure- 1 filed by the Ops with their version and the complainant is directed to deposit Rs.3,000/- towards arrear of electricity dues as per ledger (Annexure- 1 of Op) within 30 days of receipt of this order. No cost and compensation as to harassment & litigation.              

          Accordingly the Case is disposed of.

 

                                                                                                           I agree                                                                     I agree                                                                                  

     (Sri S.C. Sahoo)                                                                   (Smt. B. Giri)                                                       (Sri A.K. Purohit)                 

           Member                                                                           Member (W)                                                             President                               

 D.C.D.R.F Keonjhar                                                           D.C.D.R.F Keonjhar                                                 D.C.D.R.F Keonjhar

 

                                                                                                                  Dictated & Corrected by me

                                                                        (Sri S.C. Sahoo)                                                                                 

Member, D.C.D.R.F Keonjhar