Orissa

StateCommission

A/597/2008

Manager, Electrical, - Complainant(s)

Versus

Binayananda Pani - Opp.Party(s)

M/s. D. Ray & Assoc.

30 Jan 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/597/2008
( Date of Filing : 02 Aug 2008 )
(Arisen out of Order Dated 23/06/2008 in Case No. CD/43/2007 of District Dhenkanal)
 
1. Manager, Electrical,
Dhenkanal Electrical Division, At/P.O/P.S/Dist.: Dhenkanal
...........Appellant(s)
Versus
1. Binayananda Pani
So: Late Trilochan Pani, Village: Muktadeipur Sasan, P.O/Dist.: Dhenkanal
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/s. D. Ray & Assoc., Advocate for the Appellant 1
 
Dated : 30 Jan 2023
Final Order / Judgement

                Heard learned counsel for the appellant. None appears for the respondent.

2.            This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.            The case of the complainant, in nutshell  is that  complainant   is a consumer  under the OP and  his connected load  was 2 KW even if  the meter  was defective. He made allegation  to the OP  for installation of new meter and  revision of electric bill. Since the OP  did not remove the defect in the meter, the complaint case was filed.

4.            The OP filed written version stating that  for connected load of 2 KW the bill was issued  and accordingly new meter has already installed in the premises of the complainant  and Rs.1,00,000/- was outstanding against him. A disconnection notice was issued due to non-payment of the arrear bill amount. Therefore, they have no deficiency in service on their part.  

5.                       After hearing both the parties, learned District Forum   passed the following order:-

                            Xxxx              xxxx              xxxx

                        “That,  the complaint petition is allowed on contest against the OP. The Opposite Party is directed to replace the defective meter and  the complainant is to provide the new meter. The OP is further directed to revise the bills of the complainant from the month of January,1994 till installation of the new meter taking into account the average bills of 3 succeeding months and the connected  load is to be reduced to 1.00 KW. The above order has to be complied  within 2 months from the date of this order. Parties are to bear their own cost.”

6.           Learned counsel for the appellant submitted that learned District Forum should have challenged the order in 2008 because  the complainant was in arrear  and he has not paid the money resulting  disconnection notice  issued. He submitted that complainant has already paid the dues for which the appeal  should be disposed of accordingly.  

7.             Considered the submission  of learned counsel for the appellant, perused the DFR and impugned order.       

8.           When   learned counsel for the appellants submits that  the revised  bill has already paid  by the complainant  and there is no arrear outstanding against  the complainant, we find no  reason to consider the appeal and the appeal becomes infractuous. No cost.

Free copy of the order be supplied to the respective parties or they may download same from the confonet  or website of this  Commission to treat same as copy of order received from this Commission.  

                DFR be sent back forthwith.     

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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