Orissa

Kendujhar

CC/15/20

Dhruba Charan Sethy - Complainant(s)

Versus

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

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

12 Jan 2016

ORDER

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

CONSUMER COMPLAINT CASE NO. 20 OF 2015

Dhruba Charan Sethy, aged about 61 years,

S/O- Late Narahari Sethy,

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

Dist- Keonjhar                                             ……………………Complainant

                       Vrs

1. Executive Engineer, NESCO, Joda,

At/Post- Joda, Dist- Keonjhar

2. S.D.O, Electrical, NESCO,

At/Post- Champua, Dist- Keonjhar

3.  Junior Engineer, 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- 12.01.2016

____________________________________________________________________________________________________

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 monthly bill on actual meter reading along with 25,000/- towards compensation & Rs.10,000/- cost of litigation.

      The brief facts of the case are that the Complainant is a senior citizen having electricity domestic connection vide consumer No. C 1501 D with 1KW load was provided by the O.Ps in the year 1999 and to this the Complainant has paid Rs.8,000/- towards full & final settlement of the payment on 29.11.14 vide receipt No.746682 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. 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.18,421/- till February 2015 prior to the complainant had made several requests in writing i.e. on 23.8.2003 & 6.11.2006 with due acknowledgement of Ops. But the Ops never taken any steps for supply of bills on actual meter reading despite the complainant was going on making payments of electricity dues. Though the Ops had affixed a new meter on November 2011 with a reading status of 578 units, but the Ops prepared the bill higher than the payment already made. Hence this Case:

In support filed

1. Letter dt.23.8.2003 Addressed to S.D.O. Champua through J.E. NESCO
2. Letter dt.06.11.2006 Addressed to S.D.O. Champua through J.E. NESCO
3. Letter dt.30.3.2015 Addressed to S.D.O. Champua through J.E. NESCO
4. Bill for December 2014, January 2015 & February 2015
5. Payment Receipt vide No. 746682 dt.29.11.14

      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.18,421/- was pending against the complainant up to February 2015 and further the Ops stated that a 1 PH energy meter was installed on February 2011 and also the O.P No-2 had physically verified the premises of the complainant and confirmed that a 1 PH energy meter bearing serial No. 5245226 had been installed whose last reading was taken 693 units which made doubtful to the Ops regarding the accuracy of energy meter since the reading was shown for 54 months of which average consumption per month is only 13 units and to this the Ops advised the complainant for rechecking of the meter installed in his house through Acu-check by Ops through its MRT Wings for verification of the meter regarding accuracy after which the bill will be revised.    

In support filed

Copy of Electricity Consuming Ledger from January 2011 to May 2015

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 2011 to February 2015 showing Rs.18,421/- was still pending against the complainant prepared on average basis.

From the ledger report it is seen that the Ops have levied 144 units per month on average basis from January 2011 to May 2015. On perusal of the ledger report the units consumed by the complainant from June 2013 to November 2014 on actual consumption.

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 is nothing but deficiency of service and Ops are liable for such deficiency. But when electricity was disconnected for non-payment of dues, it is not deficiency of service on the part of the Ops.

                                                                                           ORDER

Hence, the Ops are directed to provide correct/ revised bill to the complainant for payment of electricity dues onwards 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 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