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,
MEMBERS .
Consumer Complaint No. 108 of 2017
Date of Filling : -18.12.2017.
Date of Order :- 02 .07.2018.
Birabara Sahu,S/O.Arjuna Sahu,
At- Soubhagyanagar,P.O/P.S/Dis
Angul,Pin- 759122.
_________________________Complainant.
Vrs.
01.Divisional Head,ENZEN GLOBAL SOLUTION Pvt.Ltd.,
At- HarimahuriChhack,Angul Town,P.O/P.S/Dist.
Angul,Pin:- 759122.
02. Manager ( Electrical),CESU ,Angul Electrical
Division,Near Basanti Durga Manadap,Angul
Town,P.O/P.S/Dist.Angul,Pin- 759122.
For the complainant :- Sri Md.Azad & associates(Advs.).
For the opp.parties :- Sri S.Pattanayak & associates (Advs).
: J U D G E M E N T :
Sri D. C. Mishra, President.
The complainant has filed this case with prayer to direct the opp.parties to re-connect the electric line and restore power supply immediately to his house (Consumer No. 02145734), to declare the physical verification report of his house dt. 13.11.2017 by the opp.parties as illegal and to pay compensation with litigation expenses.
2. Briefly stated the complaint’s case is as follows:-
The complainant had taken domestic power connection of 1 K.W load to his house vide Consumer No. 02145734 and regularly paying the rent as per the bills issued by the opp.parties. It is alleged that till November,2017 the complainant has deposited the rent bills but on 1.12.2017 without any notice or rhyme and reason the opp.parties entered to his house and disconnected the lane and handed over the physical verification report dt. 13.11.2017 to his family .The complainant time and again approached the opp.parties to settle the matter but they demanded rent of 3.5K.W connected load with false calculation. So the complainant has filed this case.
3. The opp.parties have contested the case by filing written version with prayer to dismiss the case on the ground that they are making the demand as per physical verification report dt. 13.11.2017 .According to them, though the petitioner had taken 1 K.W connected load but actually he was enjoying current for 3.5K.W.
4. In view of the rival pleadings of the parties the following issues arise for consideration.
Issues:-
- Whether the case is maintainable, there is any cause of action to file the case ?
- Whether the physical verification report dt. 13.11.2017 made by the opp.parties in the house of the complainant is correct or not ?
- To what relief the parties are entitled to ?
Issue No.(i):- Since the complainant was paying the rent, he is a consumer under the opp.parties and as the opp.parties have disconnected the line connection to his house, the complainant has cause of action to file the case and the case is maintainable before this forum .
Issue No.(ii):- The complainant has filed the physical verification report dt. 13.11.2017 made by the opp.parties and supplied to him and the opp.parties have not disputed it. In the said physical verification report the opp.parties have mentioned about use of an Induction Heater and an one horse power water machine (pump), but the complainant has furnished the cash memo of the water pump which is of 0.5K.W and the Induction heater has been purchased on 20.10.2017 i.e immediately prior to the date of physical verification by the opp.parties. Since the induction heater was purchased immediately before the physical verification report it will not be counted against the complainant and the water pump will be half of the K.W than what has been assessed in the P.V report. Thus, the total connected load to the house of the complainant will be around or less than 1.5 K.W. So the P.V report dt. 13.11.2017 made by the opp.parties is illegal and it should be revised and calculated as 1.5 K.W approximately.
Issue No.(iii):- In view of the above discussion, the complainant is entitled to pay the arrear or penalty for consuming 1.5 K.W connected load bu t in every month till November,2017 he has paid the bill as per actual meter reading. So he will pay the differential amount. So the opp.parties are directed to calculate the arrear penalty considering that the complainant was using 1.5 K.W load. The payments made by the complainant upto November,2017 shall be deducted first from the calculation . Thus, it is presumed that the penalty /arrear amount is around Rs. 15,000.00 only.So the complainant is directed to deposit the amount within one month of getting this order and the opp.parties shall reconnect the line at once i.e within 3 days of receipt of the cash.
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:O R D E R :
The opp.parties are directed tocalculate thearrear orpenaltyupon thecomplainantassumingthat hewasusing1.5.K.W connectedload. Thesaid arrearwill bearoundRs. 15,000.00 (Rupees Fifteen Thousand ) only and thecomplainantisdirected todeposit the same withinonemonth of getting thisorder. It ismade clearthatin case ofexcess deposittheexcess amount will beadjustedinfuture billsand in case ofless deposit thebalancewill bepaidby thecomplainant in the firstbill (rent )after reconnection of theelectricline. Itisfurther clarified thatwhilecalculating thearrear,firstthe amountalreadydepositedfor themonthswill bededucted.
Order delivered in the open forum
today the 2nd July,2018with hand
and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri D. C. Mishra)
President.
Sd/- Sd/-
(Sri K.K.Mohanty), (Smt.S.Mallick),
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