Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 29.02.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to issue and provide the bill as per meter reading.
- To pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To pay Rs. 10,000/- ( Rs. Ten Thousand only ) as litigation costs.
- Brief facts of the case which led to the filing of complaint are as follows:-
This complaint has been filed by Uday Shankar Prasad stating the short facts in the “Form” prescribed under the act asserting therein that the complainant approached the opposite party no. 2 and 3 ( Electrical Executive Engineer and Asst. Electrical Engineer, Electric Supply Division, PESU ) and submitted an application for correction or modification in bill of April 2013 and to issue fresh bill as per his meter reading. The bill of July 2012, Sep 2012, Oct 2012, Nov 2012, Dec 2012, March 2013, April 2013, May 2013 and June 2013 had been annexed in support of his claim by the complainant.
On behalf of opposite parties ( Bihar State Electricity Board through its Chairman, Electrical Executive Engineer and Asst. Electrical Engineer, Electric Supply Division, PESU ) written statement has been filed stating therein that the complaint case is not maintainable in view of the fact that Bihar State Electricity Board does not exist and the complainant is not beneficiary because ID is in the name of Shri Arjun Prasad.
Replying the aforesaid fact a rejoinder has been filed by the complainant stating therein that Arjun Prasad is the elder brother of this complainant and no any partition has taken place between Arjun Prasad and complainant and both are residing in the same house.
It has been further stated that Arjun Prasad died on 24.05.2013 and Now complainant is Karta of the family and in the life of Arjun Prasad complainant was beneficiary and as such complainant has right to file this complaint petition.
We are in agreement with the submission of complainant and as such we find and hold that complainant has right to file this complaint.
So far the other ground that the Bihar State Electricity Board does not exist is concerned as the opposite parties have filed detaile rejoinder disclosing certain facts, hence, it is crystal clear that opposite parties are fully aware of the fact of the case being employee of the successor of the earlier Bihar State Electricity Board hence we think that it will be very technical and mechanical to throw this complaint of the complainant who is Rikshaw Puller on the aforesaid ground.
The opposite parties in Para – 4 of written statement have stated that the energy bill of the consumer with respect to the above account has been rectified as per tariff D.S – II Consumer.
It has been also asserted that when the bill was not paid then after giving notice U/s 56 of the Electricity Act the line was disconnected on 10.07.2013 and process for realization of dues certificate is under process. However there is no assertion of fact that the application filed by the complainant to opposite party no. 2 and 3 has been disposed off.
No copy of the notice issued U/s 56 of the Electricity Act has been annexed in reply of opposite parties ( Bihar State Electricity Board through its Chairman, Electrical Executive Engineer and Asst. Electrical Engineer, Electric Supply Division, PESU ).
Since the filing of this complaint petition there appears to be major change in the circumstances and facts, we are compelled to pass following direction to both parties.
The complainant is directed to filed a detail representation to Electrical Executive Engineer PESU, Patna with the copy of this order within the period of one months from the date of receipt of this order or certified copy of this order in which he will state all the fact that he want to state in support of his claim.
If such application is filed to Electrical Executive Engineer, Gardanibagh, PESU then he will dispose the same with reasoned order disclosing the relevant fact and hand over the copy of the same to the complainant with the relevant bill.
The complainant after receiving the bill as per direction made above from the Electrical Executive Engineer shall pay 50% of the aforesaid bill with reconnection charge to opposite parties and thereafter his electric connection shall be restored without delay.
Thereafter the complainant shall pay the rest bill in accordance with law in four installments to be fixed by opposite parties.
This application stands disposed off in the light of aforementioned direction.
Member President
