OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 08 of 2018
Date of Filling : - 18.0.2018.
Date of Order :- 29.01.2019.
Smt.Rita Amanta,W/O.Sri Bubhuti Bhusan Amanta,
Vill.Dabardhuan,P.O.Golabandha,P.S.Nishra,
Dist.Angul, Odisha.
_______________________________________________Complainant.
Vrs.
- Central Electricity Supply Utility of Odisha,
Represented through its Junior Engineer-cum-
Juniot Manager,Bantala Section,At/PP.O/P.S/Dist.Angul.
_______________________________________________Opp. parties.
- Central Electricity Supply Utility of Odisha,
Represented through its Manager,(Elect.),
Angul Electrical Division,At- Amalapada,
P.O/P.S/Dist.Angul.
Enzen Global Solution Pvt.Ltd., Represented through its
Division Head,Angul Electrical Division,A Franchises of
CESU of Odisha,At- Amalapada,P.O/P.S/Dist.Angul.
For the complainant :- Sri D.K.Pani & associates(Advs.).
For the opp.party No.1 & 2 :- None
For the opp.party No.3 :- Sri S.Pattanaik & associates(Advs.).
: J U D G E M E N T :
Smt.S.Mallick, Member.
Deficiency of service by the opp.parties is the cry of the complainant in the instant case. The relief sought for by her are to withdraw fictious debit amount of Rs. 12,724.070 being charged in the month of May, 2017 and recast it once again from May, 2017 and rectify the bills from the month of December,2016 by taking the actual meter reading and adjust the amount paid by the complainant and compensation of Rs. 50,000.00 due to mental agony and harassment and cost of litigation to the tune of Rs. 10,000.00.
2. The short case of the complainant is that she is a bonafide consumer under the opp.parties. The opp.parties is a power distribution company, which supply electricity and the complainant is a consumer having 1 K.W connected load to her premises under domestic category vide Consumer No. A/C.219-4932 (New- 013 4614).It is alleged that on 09.03.2015 the opp.parties without any prior intimation came and entered into the complainant’s premises and threatening to disconnect the power supply. But they did not provide any copy of physical verification and advised the complainant to come to their office. On that day the complainant along with her husband went to the office of the opp.party No.3, where the said opp.party forced her husband to sign on the blank tabular form and after obtaining signature of her husband, the opp.parties put some data and surprisingly enhanced the CD from 1 K.W to 2.5K.W then and there at their office and orally said Rs. 45,000.00 is assessed towards final assessment. Further, opp.aprty No.3 forced the complainant to deposit at least Rs. 10,000.00 only as per penal/final assessment or else power supply will be disrupted to her premises which is annexed (Annexure-B) . With a fear of disconnection of power supply, complainant deposited Rs. 10,000.00 on 16.3.2015 vide money receipt No. 267039 against the Consumer No. AC-219-4932 (New -0134614) which is annexed (Annexure-C) .After receiving Rs. 10,000.00 from the complainant, the SOA of the complainant came to minus Rs. 9,861.56 as on 24.03.2015.But in the next month there is a balance of Rs.15.40 paise and a sum of Rs. 16,330.00 was shown on 26.04.015 towards debit amount. However to prevent disconnection of electricity complainant has paid subsequently monthly electricity bills from June, 2015 till date (Annexure-D).
3. Opp. Parties No- 1&2 did not appear and file their written version. So they are set ex-parte. Opp.party No.-3 entered appearance and filed written version and contested the case. In his written version ,the opp.party No.-3 while visiting the premises of the consumer found her using excess power supply from 1 K.W to 2.5 K.W by tampering of the meter installed in her house. The opp.party No.-3 denied almost all the allegations made by the complainant. Accordingly he prayed to dismiss the case of the complainant as there is no deficiency of service caused by him.
4. On the basis of aforesaid pleading of the parties the following issues are settled for determination:-
Issues:-
- Whether the complainant is a consumer under the opp.parties within the meaning of C.P.Act, 1986 or not ?
- Whether the opp.parties have committed deficiency of service or not ?
- Whether the complainant is entitled to relief claimed ?
: F I N D I N G S :
Issue No.(i):- Admittedly the complainant is a consumer (Consumer No. A/C.219-4932 (New- 013 4614) under the opp.parties who has been regularly paying the monthly electric bill and the opp.parties stand in the footing of service provider to render service to the complainant. In that view of matter the complainant is definitely a consumer under the opp.parties within the meaning of C.P.Act,1986.
Issue No.(ii) & (iii):- Perused the electric bills and statement of account of the opp.parties filed by the complainant which reveals that though the complainant’s meter was functioning properly and the opp.parties were taking bills on actual basis upto November,2016, the defence of the opp.parties appears to be fantastic and surprising, in as much as why the same defence has not been taken by them in the same SOA from dt. 24.03.2015 after verifying the complainant’s premises when the tampering was detected. If the consumer was found tampering the meter installed in her house by using excess electricity from 1 K.W to 2.5K.W , it was open for the opp.parties to realise the same from the month of April, 2015 on average basis. Inspite of providing the bill for April, 2015 on average basis they calculated it from December,2016 onwards.
The complainant has alleged that time to time the opp.parties were orally reducing the balance and bargaining with her to satisfy their illegal demands.
The order passed in the Misc Case No. 06 of 2018 arising out of this Consumer case (C.C.No. 8/2018) reads as follows :-
“The complainant/ petitioner is directed to deposit Rs. 5,000.00 with the opp.parties within 8 days of this order and the opp.parties shall receive the same and issue receipt at once. The opp.parties are further directed not to disconnect the power supply given to the premises of the complainant {Consumer No. A/C- 219-4932 (New- 0134614)} without prior permission of this forum. The opp.parties are at liberty to make the assessment of real consumption by fixing correct meter at their cost and then revise the bill accordingly. The fate of the deposited Rs. 5,000.00 will be decided in the main case. Hence forth i.e from February,2018, the opp.parties shall collect electric bill for 144 units per month from the complainant by issuing proper receipt”.
The above interim order had been passed before one year i.e. on 03.02.2018. But the opp.parties have not complied the order till date. So negligence and fault lies with the opp.parties. Thus, the complainant is entitled to relief claimed.
6. Hence order :-
: O R D E R :
The case is disposed of on contest against opp. Party No.-3 and ex-parte against opp. Parties No.-1&2. The opp.parties are directed to assess the electric bill by taking the average three or six months meter reading and then reassess the bill from the date of dispute i.e march, 2015 and serve a fresh bill as per new assessment. If excess amount has been paid by the petitioner the same shall be adjusted in future bill and incase of arrear demand, the petitioner shall pay the same within 45 days of getting the revised bill. Hence forth i.e f rom February,2019 the opp.parties shall collect rent from the petitioner as per consumption on actual meter reading basis.
In case of any deviation or non-payment of the bill, the opp.parties are at liberty to act according to law. The opp.parties shall serve the monthly bill on the petitioner every month.
Order delivered in the open forum today the 29th January, 2019 with hand and seal of this Forum.
Typed to my dictation
and corrected by me
(Sri D. C. Mishra)
President.
( Smt.S.Mallick)
Member.
(Sri K.K.Mohanty),
Member
