DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No.3 of 2016
Haladhar Mishra, S/o. Madan Mohan Mishra, aged about 69 years, Occupation – Retired Govt. Headmaster, R/o. village – Subalaya, P.O./P.S. Subalaya, Sub-Division - Birmaharajpur, District – Subarnapur.
………….. Complainant
Vrs.
1. The Junior Engineer, Subalaya Section, WESCO, Birmaharajpur, At/P.O. Birmaharajpur, District - Subarnapur.
2. The Sub-Divisional Officer, Electrical Sub-Division, WESCO, Birmaharajpur, At/P.O. Ullunda, District - Subarnapur.
3. The Executive Engineer, Electrical Division, WESCO, Sonepur At/P.O. Sonepur, District - Subarnapur.
………….. Opp. Parties
Advocate for Complainant ………. Sri B.K.Dash
Advocate for the O.Ps. ………. Sri B.K.Bishi
Present
Sri S.C.Nayak, President
Smt.S.Mishra, Lady Member
Sri H.Padhan, Male Member
Date of Judgment Dt.09.04.2018
J U D G M E N T
By Sri S.C.Nayak, P.
The complainant has filed this consumer case alleging that the Grievance Redressal Forum of the O.Ps. directed the O.P. No.2 to revise the bill from 03/1997 to till date. But despite such specific orders of the Grievance Redressal Forum the O.P. No.2 slept over the matter. So the complainant complained about this before the Ombudsman – II. As per direction of the Ombudsman the O.P. No.2 revised the arrear bill upto 08/2000 to September 2001 despite direction of Grievance Redressal Forum to revise the bill from 1997 to till date.
That for this the complainant was constrained to file complaint case bearing No.529/2014. After hearing the matter the Grievance Redressal Forum passed order on 28.2.2015 giving specific directions for revision of bills. But despite the orders of competent authorities the O.P. No.2 and 3 have not cared to regularised the matter.
So the complainant has filed this case. He has prayed that the O.P. No.2 and 3 be directed to implement the orders of Grievance Redressal Forum and they shall be directed to pay compensation and cost of litigation.
-: 2 :-
The O.Ps. were noticed in this case. They have filed version. The gist of their version is as follows :-
(1). The complainant filed complaint before Grievance Redressal Forum Bolangir and before Hon’ble Ombudsman Bhubaneswar and the grievance of the complainant has already been decided by the Hon’ble Forum and the present complaint is hit by Section 11 of C.P. Act.
(2). The order passed by the Grievance Redressal Forum Bolangir on 5.4.2014 and 28.2.2015 cannot be executed by this Forum.
(3). There was an understanding between the complainant and S.D.O. WESCO Utility and both parties amicably settled the dispute vide document of settlement No.396 dt.20.6.2014. The complainant himself has withdrawn his case in writing with his signature on 20.6.2014.
So the O.Ps. prayed that this complaint case be dismissed with cost.
We have heard learned counsels for the parties and perused the materials on record. The O.Ps. allege that the complainant has compromised the matter on 20.6.2014 in the office of S.D.O., Electrical Birmaharajpur. Documents to this effect has been filed by them. But we find that Grievance Redressal Forum Bolangir has passed order on 28.2.2015 vide memo No.GRF/BGR/Order/215(3) giving specific direction and the O.Ps. were directed to report compliance within one month after receipt of Grievance Redressal Forum Order. If actually matter was compromised on 20.6.2014 we fail to understand why the documents relating to compromise was not produced before the Grievance Redressal Forum Bolangir. It is also not known whether, the order dt.28.2.2015 has been complied by the O.Ps. or not. At least no such compliance report has been produced before us.
Since the matter has been adjudicated by the Grievance Redressal Forum Bolangir, we are not going to intervene in the matter. The complaint is at liberty to approach the Grievance Redressal Forum Bolangir if the order passed by them has not been implemented. Save as aforesaid, this complaint case is dismissed. No cost.
Dated the 9th April 2018
Typed to my dictation
I agree. I agree. and corrected by me.
Sri H.Pradhan, Smt.S.Mishra, Sri S.C.Nayak
Male Member Lady Member President
Dt.09.04.2018 Dt.09.04.2018 Dt.09.04.2018
