DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.27 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Karmat Alikhan, aged about 49 years
Director”AHIMSA” S/O: Late Mohasin Khan
AT: Gudri Sahi,PO: Gudari
PS: Khajuripada Dist: Kandhamal ……………………….. Complainant.
Versus.
1. Executive Engineer, Southco Phulbani,
Po/PS:Phulbani Dist : Kandhamal
2. Asst. Engineer, Southco Phulbani
PO/PS: Phulbani Dist: kahdnamal.
3. Junior Engineer, Southco, Phulbani
PO/PS: Khajuripada Dist: Kandhamal. …………………………….. OPP. Parties.
For the Complainant: Sri G.K Padhy, Advocate, Phulbani and his Associates.
For the OPP. Parties: Sri H.Ch. Maharana, Advocate,Phulbani and his Associates.
Date of Order: 31-01-2018
O R D E R
The case of the Complainant in brief is that he is a Consumer having three phase electricity facility since the year 2004 vide Consumer No. 292001080032 for running of processing units ‘Take Home Ration’ ( Chhatua ) till March, 2015 .Thereafter the said processing unit has been stopped but the billing amount of said unit did not reduce by the O.Ps. Then he intimated the O.Ps to reduce the electric load but the authority has issued the electric bill of Rs. 13,605/-for the period from 10th April, 2016 to 12th May, 2016. So, again the Complainant requested for rectification of the bills and to check the meter but without considering the request of the Complainant the electrical authority issued disconnection notice to the Complainant demanding the sum of Rs. 1,20,395/- as on November 2015. After getting this notice the Complainant gave a requesting letter to
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the authority not to disconnect the electricity as he was rendering service for poor, women & children. The O.Ps have not rectified the electricity bills in spite of several request and written complaint of the Complainant. As it proves gross negligence and deficiency in service and the monopoly and unfair trade practice of the O.ps, this complaint filed by him for a direction to rectify the bill for the month of June 2017 and to pay compensation of Rs. 30,000/- towards his mental agony, litigation charge and towards other expenses.
The further case of the Complainant is that he has received a bill for the month of May 2017 amounting Rs. 1, 27,817. He had deposited Rs. 42,000/- and disconnection charge of Rs. 3,000 in the month of March 2017 as the O.Ps disconnected the electric connection of the organization of the Complainant.
The case of the O.Ps as per their joint version is that the bills have been generating as per actual consumption. As per complaint lodged by the Complainant the Junior Manager, Khajuripada section verified and submitted his verification report that as on 06-01-2016 the reading was 63402 and bill generated on actual consumption basis. The MRT wing specialized in 3 phase meter tester tested the said consumer meter and reported that the meter has been functioning properly and accordingly the bill generated on actual consumption basis .The Complainant has not submitted any application and other relevant documents as required for load reduction to the O.ps . The O.ps are ready to comply the same if the Complainant will apply in due procedure for load reduction. Hence, the complaint may be dismissed with costs.
We have heard the learned counsel appearing for the parties. We have gone through the complaint petition, the joint version filed by the O.Ps and the documents filed by the Complainant in support of his case.
It is alleged by the Complainant that the Opp. Parties were serving excessive electricity bills in spite of repeated written request. He further alleged that the meter is not functioning properly and after closer of his “Chhatua” Unit in the month of March 2015, the bill amount was not reduced. It is seen from the available documents on record that the Complainant had given 8 letters to the O.P No.1 & 2 during the period from March’2015 to June 2017 to reduce the bill amount after closer of his “Chhatua” unit since the month of March 2015. But no effective steps were taken by the Opp. Parties for which this complaint was filed by the Complainant. The Complainant had also not received a single reply from the Opp. Parties in this regard.
It is seen that during the above period the Complainant had deposited more than 3 lakhs rupees before the Opp. Parties towards the electric bill. It is pointed out by the learned counsel of the Complainant at the time of argument that the Opp. Parties refused to accept any part payment from the Complainant.
In the meantime three years have already been passed but the dispute regarding excessive Bill of the Complainant is not decided by the Opp. Parties in spite of many written
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request. The attitude of the Opp. Parties amounts to negligence and deficiency in service on their part. It is obvious that the consumption was less after closer of a heavy unit and accordingly the bills were less than the previous period if the load is not excessive. We have verified the bills since the month of April 2015 carefully. It is seen that less units were mentioned in the bills from the month of March 2017, then how the consumption was more before March2017. It is also submitted by the Complainant and his counsel that the meter reader was not verifying the meter regularly and gave his report without proper verification of the meter It is further submitted that electrical supply was disconnected from 10th April 2016 to 12th May 2016, but it is shown that 2020 units were consumed in the month of April 2016. On verification of the letter dated 29-03-2015 of the Complainant and the billing pattern supply by the Opp. Parties, it is seen that 1851 units were consumed in the month of March 2016, 2020 units in the month of April 2016 and 1445 units in the month of May 2016 . If the supply of electricity was disconnected, then how such excessive units were consumed by the Complainant? So, it is clear that the reading was not correct and actual as demanded by the Opp. Partiers. In the above circumstances we allow the complaint.
Accordingly the Opp. Parties are jointly and severally directed to correct the bills since the month of April 2015 on the basis of the average consumption for the last 1 year( from January 2017 to December 2017) without charging any surcharge or interest as no steps were taken by the Opp. Parties after getting written intimation of the Complainant regarding the closer of the “Chhatua”unit. The Opp. Parties are further directed to adjust all the payments made by the Complainant during the said period and issue fresh bill to the Complainant and the Opp. Parties shall allow the Complainant to clear the outstanding bill amount in suitable installments. The above order be complied within 30 days from the date of receipt of this order. In case of failure the Complainant shall be entitled to get compensation of Rs.10, 000/- from the Opp. Parties.
With the above direction the C.C is disposed-of. Supply free copy of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
