Orissa

Jagatsinghapur

CC/48/2019

Renubala Rout - Complainant(s)

Versus

E.E, Electrical CESU - Opp.Party(s)

Mr.D.Choudhury

29 Oct 2022

ORDER

                                                                                          JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to not to disconnect the power supply and rectify the erroneous electric bills”.

            The brief fact of the case is that the complainant to make out of her livelyhood and the maintenance of her family has been running a rice huller business on her land vide her consumer No.IPK148. On expectation and anticipation of various projects in future she has applied before the opposite parties for separate electric transformer having 25 KW capacities. The opposite parties after exhausting all the paraphernalia have installed the transformer having 25 KW capacities in the year 2007. But though the transformer have been installed having 25 KW capacity but the rice huller was only consuming 12 KW of capacity, after consuming 12 KW the remaining 13 KW was unutilized. The opposite parties charged for consuming of 25 KW of electricity.   Latter on the complainant filed a C.C. No.84/2014 before this Hon’ble Commission (earlier Forum) for redressal of her grievance along with a misc case bearing No.24/2015 wherein this Hon’ble Commission (Forum) vide order dtd.16.3.2015 directed the opposite parties to restore power supply on receiving a sum of Rs.15,000/- out of the arrear amount of Rs.57,162/-. The complainant also directed to pay Rs.10,000/- on dtd.06.4.2014. Challenging the order dtd.16.3.2015 passed in misc case No.24/2015 by this Hon’ble Commission (Forum) the opposite parties as petitioner filed W.P. (C) No.5941/2015. However Hon’ble High Court vide order dtd.05.8.2018 disposed off the writ petition with an observation and directed the present complainant to deposit Rs.30,000/- in two installments out of which the complainant shall deposit the 1^st installment amounting to Rs.20,000/- on 07.8.2015 and the balance amount of Rs.10,000/- one week thereafter. In pursuance to the order of the Hon’ble High Court passed the complainant deposited the said amount and also Rs.600/- towards reconnection fees. Since then the complainant without any default depositing the current as well as arrear bills to the opposite parties and they have also reissued the same without making any correction of the illegal erroneous, excessive bills.   

            The complainant has filed a series of documents without making annexure and page mark and also the documents are not properly stitched and explained as how and which documents are relevant and are fails to understand as to why the documents failed without given any relevance and making as any annexure and without page marking. In number of cases most of the advocates are filing documents without page marking and marking the documents which creating confusion while adjudicating the case.

            We therefore direct the registry not to accept any consumer complaint in which proper page marking and annexure marking has not been done. The office is also directed to post a notice for information of all the complainants and advocates to file the cases marking the documents as Annexures and page marking. The consumer complaint was filed in March, 2019 and notice was issued to opposite parties on 28.3.2019 and the opposite parties have set ex-parte on 19.9.2019. The counsel for complainant has not appeared since 10.5.2019. We could have dismissed the case for default under the old act. But in order to give proper justice we took pain to go through the entire records and found that the complainant has been harassed by excess billing and has been charged to 25 KW while he was consuming 12 KW and excess amount has been charged on the plea of transformer loss. The opposite parties have also very casual in their attitude.

            We therefore feel that there is excess charge from the complainant for which we direct the opposite parties to deduct 33% of his arrear bills and the rest of bills is to be paid in 10 installments within a year along with regular bills and till such time the power supply shall not be disconnected as per order dt.27.3.2019 passed in misc case No.30/2019. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.