Orissa

Kendujhar

CC/12/2017

Rathia Nanda Barik - Complainant(s)

Versus

1. Junior Engineer, NESCO, Keonjhar - Opp.Party(s)

Sri K.N. Nanda

21 Jul 2017

ORDER

 

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

                                        CONSUMER COMPLAINT CASE NO .12 OF 2017

Rathia Nanda Barik, aged about 62 years,

S/o: Sate Padu Barik,

Village /Post: Ranki, P.S town

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

                        Vrs

 

1. Junior Engineer, NESCO, Keonjhar

Dist- Keonjhar

2. S.D.O, Sub – Division, NESCO, Keonjhar

Dist- Keonjhar

3. Executive Engineer, NESCO, Keonjhar

At/P.O/P.S/Dist- Keonjhar…………………………………………………………………………………..O.P Parties

 

PRESENT:

Shri Purushottam Samantara, President

Smt. B. Giri, Member (W)

Advocate for Complainant- K.N.  Nanda

Advocate for O.p1 & O.p2 & O.p3 – None.

 

Date of filling-  28.02.2017                                                                                   Date of order- 21.07.2017

 

1. Sri Purusottam Samantara, - The set out of the complainant is that the O.P -2 served a disconnection notice. Bearing No- NESCO /DCN/No- 1968 dt 21.12.2016 with an amount of Rs 50,803/-(fifty thousand eight hundred three only) against the new A/c No-613122020291 of old A/c No-833D.

 

2. The complainant stated being a bank employee, he moves various station and not staying in the residence in question thereby applied disconnection of the line, which is not considered at any point of time.

3. So the bill raised against a disconnection line is no more sustainable and the amount Rs 50,803/-(fifty thousand eight hundred three only) as demanded is illegal, arbitrary and capricious one and needs to be waived off with due adjudication and be penalized for raising false & alarming amount, which a is a commission of unfair trade practice & deficiency of service. Praying reliefs against illegal proceeding, suffered harassment and mental agony with litigation cost. Relied on disconnection notice, electricity bill and photo identity card.

4. On notice, the O.Ps appeared and heavily contended, the electricity line to the residence of the complainant is live connected & running one.

 

5. Further stated, no disconnection application has been filed at either point of time. Again no disconnection receipt has been obtained or furnished against any proof.

6. Further also said, the complainant has deposited money in e-payment, a sum of Rs 11487/-towards averred due. Again the complainant resited to receive the disconnection notice, which was fixed to the wall and the disconnection of supply was effected on dt 09.03.2017 at about 11.am.

 

7. Hence the case is not maintainable; the gamut of story is motivated, fabricated and preposterous one. Above all the case is barred of limitation suffer no cause of action thereby not maintainable and attract dismissal in limine.

8. Heard both the parties and perused material on the record.

 

9. On perusal record, it is come across one affidavit has been filed some villagers of the village Ranki. That the complainant has residing at Kendujhar town since long so the house at village is no more in use and as he has  shifted to  Kendujhar town, Since then the house has been locked and live line has been disconnected the above noted averment also get corroboration by the report filed by the S.D.O, Electrical, Sub-Division. No-1, Keonjhar that on personal visit and verification , it is found, the premises had no meter .So also the service wire is disconnected so it is true that the complainant has been raised with a false bill of Rs50,803/-(fifty thousand eighty hundred three only) arbitrarily  and illegally. Which is complete false, fabricated and vindicated approach made by the O.P against the complainant without any basis.

 

10.We observe  such action of O.P is completely illegal and outrageously harassed and agonized  one . The O.P has committed unfair trade practice along with deficiency of service, and committed the negligence having non application of mind. The manner of performance is no more appreciable rather condemnable in all terms, being a public concern, is no more deli -gent on its discharge of responsibilities that have been thrust with and contradicts the own version as filed by him.

 

11. In view of the above noted unimpeachable evidentiary value. We strongly deprecate the action of O.P and come to conclusion that deficiency of service has been committed within the provision of the 2(g) of C.P Act 1986. Thus we ordered.

 

 

 

                                                                  O-R-D-E-R  

 

(I)  The petitioner has no dues or arrears to pay any more, which is completely waived off as noticed.

(ii) The O.Ps are jointly and  severally liable to pay the petitioner a sum of Rs 500/-(five hundred) as towards compensation and cost within 30 days of this order, failing @ Rs 10/-(ten) per day will be levied as penalty till complete realization.

(iii) The O.Ps also sent an apology letter to the petitioner for raising frivolous case without any basis, within the above noted time frame.

(iv)  The petitioner, if Opts for connection this should be provide as per rule & norms. 

 

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

File be consigned to record room.

Pronounced, 21^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