Present         (1)     Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                                         President

                    (2)     Smt. Karishma Mandal,

                              Member

Date of Order : 16.10.2015

                    Nisha Nath Ojha

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To direct the opposite party to reject the Disputed Bill dated 10 May 2010 and / or up till now/ onwards disputed bills may be rejected on the ground of inspection report dated 20.11.2006 a fresh bill may be issued under D.S. II category without D.P.S.
2. To pay Rs. 20,000/- as Compensation.

2. Brief facts of the case which led to the filing of complaint are as follows:-

1. The instant complaint petition is being filed to remove deficiency in service/negligence of the above mentioned opposite party, who had deliberately ignored the duty. So far as the cause of action is concerned cause of action is running uptill now, because, the complainant is filling request letters time to time for concerning electricity bills but bills have not been corrected till today. ( Vide Annexure – 1 )
2. The facts of the complain case in short is as follows:

1. The complainant is a consumer of the opposite party no. 1 under D.S. II category. ( Vide Annexure – 2 )
2. During investigation the opposite party asked to the complainant that, it would be better to take C.S. II connection, because, there are some commercial activities involved in the said premises. The complainant followed the same and filed an application before the competent authority with prescribed fee and manner for the purpose of obtaining C.S. II category connection and the same had been received by the opposite party. ( Vide Annexure – 3 )
3. The opposite party allowed the same and allotted fresh A/C No. 320867 to the consumer, in the name of Shri Shambhu Kumar since 08.08.2003, Mr. Shambhu Kumar is paying bills to the board in time.
4. The complainant filed an application before the authority to correct the bill of consumer No. 244001300-171476 into D.S. II category, because the opposite party issued bills under N.D.S. II category. The application form was received by the competent authority and after inspection it was found that the said consumer was Domestic user in the said premises. ( Vide Annexure – 4 )
5. The complainant approached the authority for correcting the disputed bills, but the opposite parties are not ready to hear any thing about the disputed matter due to bad intention. ( Vide Annexure – 5 )
6. In – spite of all possible efforts, the opposite party has not removed defects in disputed bills, day to day the opposite party is charging interest on dues bills.

3. It is humbly submitted that from perusal of records, it appears that the opposite party has ignored its legal duties. It is again stated that the opposite party has no valid reason to believe that the present complainant is not a D.S. II consumer in the light of inspection report dated 20.11.2006. It is submitted that the opposite party has disconnected electricity of the complainant for non payment of bills. The opposite party should have issued notice to the complainant before disconnecting the electricity of his premises. The complainant is compelled to live without power in this present age. The complainant received bills dated 10 May 2010, amounting to Rs. 50,221/- ( Vide Annexure – 6 ) under N.D.S. II category.  

Despite notices being served, the opposite party neither filed any power nor written statement in opposition to the contention of the complainant made in the complaint petition and as such this case was heard ex – parte.

We have also gone through the record of this case.

It is needless to say that as there is no counter version of the fact asserted by the complainant in complaint petition. Hence we have no option but to accept the fact asserted in the complaint petition.

The complainant Annexed as Annexure – 1 which is the application sent by complainant to the assistant Electricity Engineer Danapur, Patna Sub Division. It appears to have been received on 12.03.2010 but as stated no action has been taken by the opposite party with regard to redressal of the grievances of the complainant.

It is needless to say that in this case several application has been filed by the complainant which has been annexed as annexure – 4, 5 and 6 but no action appears to have been taken. The bill issued by the electricity board and PESU appears to be annexed as Annexure – 2 and 3 which is in the record of this case.

As stated above, the facts asserted in the complaint petition definitely constitute the deficiency and hence we find and hold the opposite party by not passing any order on the several applications filed by the complainant filed to the proper authorities, the opposite party has committed deficiency of service.

Hence we direct the complainant to file application with appropriate authority including Executive Engineer Electricity Supply Division Danapur, Patna and if the aforesaid application is filed within a month of receiving of the copy of this order, then opposite party or authority concerned shall pass appropriate order on the aforesaid petition with full reason within two month from the date of filling of aforesaid application with copy of this order. If the aforesaid order is not passed within period referred above, then the opposite party will have to pay Rs. 50/- to the complainant for delay of each day till the aforesaid order is complied.

It is needless to say that despite receiving the several applications instead of issuing fresh corrected bill or disposing the aforesaid applications. The opposite party has disconnected the electricity connection of the complainant. It speaks of high handedness of the authorities.

Hence we further direct the opposite party to pay Rs. 5000/- by way of compensation and mental agony.

If the aforesaid amount is not paid within two months from the receipt of copy of certified copy of this order then the department/concerned authority shall pay the aforesaid amount with interest @ 12% per till the final payment.

It is also directed that the departmental authority are free to deduct the aforesaid amount from the salary of the concerned officers who are instrumental in keeping the aforesaid application pending.

Accordingly, this case stands allowed to the extent indicated above.

                                        Member                                                                   President