Orissa

Kendujhar

CC/15/2017

Smt. Anjana Dash - Complainant(s)

Versus

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

Sri Laxminarayan Sahu & Sri Gyanendranath Jena

12 Jul 2017

ORDER

IN THE COURT OF THE DISTRICT CONSUMER  DISPUTES REDRESSAL  FORUM,

                                                KENDUJHAR

                     CONSUMER COMPLAINT CASE NO. 15 OF 2017

Smt. Anjana Dash,agaed about 45 years,

W/o-Promada panda,

Village-Bampar,Post: Ghutur,

P.S-Town, Dist-Keonjhar………………………………………………………………….complainant

Vrs

                1. Executive Engineer,NESCO

                Keonjhar Division,

                At-Power House Campus,

                S.B.I  Road, P.O-Keonjhargarh,

                P.S-Town, Dist-Keonjhar

                2. Sub-Divisional Officer,

                NESCO, Keonjhar

                At-Power House Campus,

                S.B.I Road, P.O- Keonjhargarh,

                P.S-Town, Dist-Keonjhar…………………………………………………………………O.P Parties

 

   Present:

   Shri Purusottam Samantara,President

   Smt. B.Giri Member(W)

 

  Advocate for complainant- Sri Laxminarayana Sahu & associates.

                  Advocate for O.P- None

 

Date of filing-  10.03.2017                                                          Date of order-12.07.2017

 

1.  The fact germane   to the case is that the complainant is a consumer of O.P vide consumer No-621111040409(old no-D12E315) and paying the electricity bill regularly.

 

2.  The complainant complained on the month of February 2017. The electricity department, served a bill amounting to Rs 11,487/- having to be paid within 28.02.2017 and the bill was paid on dt 09.03.2017 .Through online payment and on the same day to the evening  disconnected the power, without issuing or intimating  any notice. Complained, the action is arbitrary,  unjust  and pre-meditated. For which the complainant suffered harassment  routing  pillar to post and sustained  irreparable  loss mental  agony.

3.  Prayed to reconnect the power supply and direction to be passed to pay the  compensation & cost and reliefs found  deemed  fit  under  the law. Relied on paid money receipt in photocopy and affidavit.

4.  On notice, the O.P appeared and made the  defence  that the case is not maintainable, there is no cause of action, barred by law of limitation & the consumer is neither  bonafidely  paying regularly.

5.  The O.P also contended, the complainant has a  lump sum   arrear so disconnection notice was issued, which is not received by the complainant so posted on his wall, and the payment has been made through  epayment in surprise,  not depositing the disconnection  far  one used to deposit as per the rule.

6.   Heard the complainant and the O.Ps at length, Perused the record.

7.   It is on record that a sum of Rs 11487/- has been deposited on dated 9^th march 2017, vide receipt no- B1170340950868, through etransaction   mode.

8.  Where as no evidence corroborated   by the O.P on the context that the notice process has been decide and same has been posted with  the  wall  the  complainant’s residence .

9. Again as deposit has been  made  by the complainant, same be communicated to the respective department, not  to disconnect  the line as because disconnection is a matter harassment and caused sufferance  of mental agony.  Which is irrepearable   and can’t be repaid in monetary  terms.  Such action is clear cut deficiency of service and a bit of unfair trade practice as the service   provider  is the sole catering agency. So we hold when bill is paid, it does  not warrant  a disconnection   which is being of capricious in nature.

 

 

O-R-D-E-R

(i)The O.P is directed to pay the petitioner a sum of Rs300/- (three hundred only)    towards as compensation  harassment & mental   agony   sustained, within 30 days of this order. The amount may be adjusted in the bill as deduction, failing @ 9% interest per annum  will  accrue      till complete realization / revision in issuing the up to date bill to the petitioner within the above term.

(ii) The complainant is to pay the bill regularly.

(iii)  The O.P is directed not to disconnect the line, as no arrear amount is neither further raised and paid.

(iv) No order as to  any cost. 

 Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced  12^th  july 2017

 

     I agree             

                                    

                                    

    (Smt. B. Giri)                                                                                            (Shri Purushottam Samantara)

    Member (W)                                                                                                              President                    

DCDRF, Keonjhar                                                                                                   DCDRF, Keonjhar                                                   

           

 

                                                               Dictated & Corrected by me

 

 

 

                                                                 (Shri Purushottam Samantara)

                                                                           (President)

                                                                    DCDRF, Keonjhar