Orissa

Kendujhar

17/2015

Sri Sarat Chandra Nanda - Complainant(s)

Versus

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

Sri G.N. Jena & H.S. Mohanty

06 Jan 2016

ORDER

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

CONSUMER COMPLAINT CASE NO. 17 OF 2015

Sri Sarat Chandra Nanda, aged about 73 years,

S/O- Late Nrushingh Chandra Nanda,

At/Post- Sarei, P.S- Champua,

Dist- Keonjhar                                                    …………………Complainant

                         Vrs.

1. Executive Engineer (NESCO), Joda

At/Post- Joda, Dist- Keonjhar

2. S.D.O, (NESCO)

At/Post- Champua, 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 G.N. Jena & H.S. Mohanty

Advocate for the O.Ps               - Authorized person Sk. Kamal Jumlat

____________________________________________________________________________________________________  

Date of Hearing - 01.12.2015                              Date of Order- 06.01.2016

____________________________________________________________________________________________________

Sri S.C. Sahoo, Member-This is a Complaint praying for a direction to O.Ps to restore the power supply of the Complainant immediately through an Interim Petition and to provide revised/ correct Bill deducting the period of disconnection from 2009 to till 29.11.14 and to provide regular monthly bill on actual meter reading along with 25,000/- towards compensation & cost of litigation.

      The brief facts of the case are that the Complainant is a senior citizen having electricity domestic connection vide consumer No. 1078 D/C 882 with 1KW load was disconnected by the O.Ps since 2009. The Complainant being a diabetic patient was taking regular Insulin which was kept in freeze was unable to take insulin due to disconnection and to this the Complainant has paid Rs.10,000/- towards dues of O.Ps vide receipt No.746681 dt.29.11.14 after restoration of electricity connection the O.Ps have not provided regular monthly consumption bill despite the Complainant paid electricity dues Rs.600/- @ for the month of December 2014 & January 2015. The O.Ps have disconnected power supply of the complainant on 19.3.15 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 disconnected was due to pending of electricity dues Rs.20,000/-. Hence this Case:

In support filed

1. Electricity Payment Receipt of Rs.10,000/- vide No.746681 dt.29.11.14, and Vide Receipt No. 315898 of Rs.600/- dt.24.2.15 - 2 Sheets
2. Electricity Bill for the month of July 2012 - 1 Sheet
3. Complainant’s Application to S.D.O Electrical, Champua of dt.30.3.2015 along with Postal acknowledgement Receipt - 2 Sheets

      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.25,045/- was pending against the complainant up to February 2015 despite issue of monthly consuming bill from August 2010 to February 2015. Further the O.Ps have stated that the bill were prepared on actual basis from December 2011 to May 2012 and prayed to dismiss the Complaint Petition of the Complainant.

In support filed

Copy of Electricity Consuming Ledger from October 2001 to February 2015 - 2 Sheets

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 and the bills are prepared on average basis since from 2009 to 29.11.14 though the electricity connection was disconnected since from 2009 to 29.11.14 and disconnected the power supply without serving any disconnection notice.

From the ledger report it is seen that the Ops have levied 144 units per month on average basis to till 29.11.14 without deducting the period of disconnection from 2009 to 29.11.14 date of restoration as the complainant was not consuming for the said period.

With these materials available in record it is proved that there is deficiency in service on the part of the Ops for non supply of bills in regular manner and charging bills for the disconnection period and disconnected the power supply to the premises of the complainant on 19.3.15 is nothing but deficiency of service and Ops are liable for such deficiency.

ORDER

Hence, the Ops are directed to provide correct/ revised bill to the complainant for payment of electricity dues onwards deducting the period of disconnection from 2009 to 29.11.14 by taking actual meter reading within 30 days of receipt of this order. Further the payment made by the complainant be deducted from the revised bill be submit to the complainant and restore power supply till submission of revised bill. 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, DCDRF, KEONJHAR