Orissa

Kendujhar

CC/15/19

Kulamani 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. 19 OF 2015

Kulamani Sethy, aged about 32 years,

S/O- Gurucharan Sethy,

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

Dist- Keonjhar                                                   …………………Complainant

                         Vrs

1. Executive Engineer, NESCO,

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 bill from April 2014 to December 2014 and to provide regular monthly bill on actual meter reading along with 25,000/- towards compensation & Rs.10,000/- for cost of litigation.

      The brief facts of the case are that the Complainant is a B.P.L category having electricity domestic connection vide consumer No. C 2634 D with 1KW load was disconnected by the O.Ps on 19.3.2015, though the Complainant had been paying electricity dues without any delay till December 2014 at a very punctual manner. 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 disconnection was due to pending of electricity dues of Rs.74,071.81p. since the Ops have affixed a new meter in the complainant’s premises and the Ops provided the bill on 29.1.15 for the month of December 2014 showing of 16,098 Units consumed from April 2014 to December 2014 which is an excessive bill than the bill of August 2014 showing an unit of 2260 Units. Hence this Case:

In support filed

1. Dispute bill for the month of December 2014 served on January 2015
2. Bill for Jun-July 2008, August & September 2014
3. Payment Receipt during dtd.30.10.14, 31.12.14, 7.2.15 & 9.2.15
4. Spot verification Report for revision dt.9.2.15

      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.74,071.81p was pending against the complainant up to December 2014 despite issue of monthly consuming bill from August 2008 to December 2014. Further the Ops have stated that the bills were prepared on provisional basis from August 2014 to December 2014 and further stated that the Complaint Petition of the Complainant is barred by law of limitation and the power supply to the house of the complainant has been restored in obedience to the interim order dated 29.4.15 and prayed to dismiss the case.

In support filed

Copy of Electricity Consuming Ledger from May 2008 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 the bills are prepared on average basis since from July 2008 to July 2014 though the new meter was affixed in the year 2011 and the bill was provided on provisional meter reading.

From the ledger report it is seen that the Ops have levied 16098 units per from the year 2011 to December 2014 which is arbitrarily imposed on the complainant.

With these materials available in record it is proved that there is deficiency in service on the part of the Ops for providing bills on average basis from July 2008 to July 2014 wherein the bill of August 2014 reflected 2260 units though the meter was changed and the last meter reading was 2260 units but the Ops have arbitrarily imposed on the complainant  16098 units within a period of 8 months is a matter of harassment and headache to the complainant 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