Presented by Miss R. Pattnayak, President .
The brief facts of the case are that the Complainant on March 2011 had applied for single phase 1 HP electric connection for his L.I. Point to irrigate his banana and mango plantation in three and half acres of land situated in Mouza: Ghudkatikra bearing Khata No. 1052 for maintenance of his livelihood. On his application to Opposite Parties NO.2 for a L.I point, he allowed the same and sanctioned an L.I.point on complainant's property. On recommendation of Opposite Party No.2.,the permission for installation of the electric M oter and supply of electricity was granted and accordingly an agreement between the complainant and Executive Engineer, WESCO (O.P No.2) was entered in to on dated 13.06.2011 for which the complainant was also required to deposit necessary charges of RS 278/- towards security deposit and RS 890/- towards service connection charges. O.P No.1 i.e E.S.O Godbhoga however did not supply necessary electricity to the complainant thereby leading to alleged loss of plantation due to lack of water and incurring of expenditure by the complainant. In August-2011, the complainant again approached for Electric connection but the E.S.O., Godbhaga(O.P.no.1.) asked for bribe for which he informed this matter to the Vigilance Department for further action. Then a New E.S.O came who intimated the Complainant in replying his letter to deposit for an additional amount of Rs. 3,266/- (Rupees three thousand two hundred sixty six)only towards shifting of pole and additional charge which the Complainant although have deposited but still then the O.P No.1did not give electricity and did not shift the pole. After several approach at last on 4th October-2012 after passing of Sixteen months the Opposite Party gave him a temporary line from the previous pole but not from the nearest pole which is one hundred eighty meters away from his L.I.Point which caused low voltage burning his motor pump twice and not allowing him to irrigate his land. It is further submitted by the Complainant that the Opposite Party issued the bills charging an additional meter rent of Rs. 40/-(Rupees forty)only though he has purchased the meter installed on his own cost which is still continuing. Although he approached personally to all the WESCO officer for correction of bills but they did not respond the grievance of the complainant.
Being aggrieved due to delay in supplying the electricity connection ,supply of temporary line with low voltage, due to non-shifting of pole although Rs. 3,266/- (Rupees three thousand two hundred sixty six)only was taken and due to non revision / non correction of bills, the Complainant has filed this case with a prayer to direct the Opposite Parties to
Pay compensation of Rs.4,00,000/-(Rupees four lakh)only for his crop loss.
Return Rs.3,266/- (Rupees three thousand two hundred sixty six)only with interest.
To pay all meter rent paid @ Rs. 40/-(Rupees forty)only per month.
To pay Repair cost of burned Motor pump due to low voltage and
Litigation cost.
In support of his case, the Complainant has filed the following documents :-
Copy of Water tax paid Receipt.
Copy of Estimated letter.
Copy of Money paid receipt.
Xerox copy of agreement.
Copy of Order to ESO from E.E.Bargarh to complete the work.
Copy of complainant's letter to ESO asking about the delay.
Copy of Reply from ESO Godbhaga to the complainant for more money of Rs. 3,266/- (Rupees three thousand two hundred sixty six)only.
Copy of Mischievous letter to pull the previous ESO from vigilance case.
Copy of Extra money paid Rs. 3,266/- (Rupees three thousand two hundred sixty six)only receipt dated 02/11/2011.
copy of Letter to Superintending Engineer Bargarh through fax vigilance S.P. Sambalpur.
Copy of Complaint to E.E. Bargarh for additional meter rent of Rs. 40/- (Rupees forty)only per month.
Copy of Cash memo of meter purchased by the complainant.
Test report of meter from S.E.Burla.
Xerox copies of monthly electricity bills.
Postal order.
Four Nos of photographs.
Electric Bills of other consumers.
Notices were duly served upon the Opposite parties and case was posted for appearance and version by the Opposite Parties but no body appeared . Hence the Opposite parties were set ex-parte on Dt.17/06/2014 and case was posted for Ex-Parte hearing.
Heard the submission from the side of the Complainant personally and perused the documents available in the case record.
On perusal of the 'deed of agreement' for supply of Electrical energy executed between the Complainant and Opposite Party No.2(two) on Dt.13/06/2011 in presence of witness, where it is clearly mentioned that the consumer has requested the licensee to supply electrical energy to the premises of the consumer situated at Ghudkatikira over Plot No. 816 of Khata No. 1052 in the district Bagarh for the purpose of lift irrigation point and the licensee has agreed to supply to same on terms and conditions stipulated in the agreement. For that also the consumer has paid of Rs. 278/-(Rupees two hundred seventy eighty)only towards security deposit and Rs. 890/-(Rupees eight hundred ninety)only towards service connection charges vide Money Receipt No. 0608724087 Dt. 04/06/2011 after permission has been granted by the E.E., WESCO i.e O.P No.2 vide their letter No. 2389(4) Dt.04/06/2011 to install 1 H.P. Motor for the L.I. Point. After that Executive Engineer (Opposite Party No.2(two)) give direction to Opposite Party No.1(one) along with copy of agreement for completion of work vide letter No. 2381(3) on Dt.17/06/2011. But the electric connection was given to the Complainant as per his submission on Dt. 04/10/2012 although specific document is not there about the date of connection but from perusal of so many corresponding letters from Complainant to Opposite Party and copy of purchase of Meter by the complainant and copy of Test Report of Meter from superintending Engineer, Burla on Dt.19/05/2012 give weightage to the version of Complainant. The Complainant submitted that Rs. 3,266/-(Rupees three thousand two hundred sixty six)only has been taken from him towards shifting of pole which is further proved from the letter No. 3223(3) Dt. 10/08/2011 and from money receipt Dt.02/11/2011.
The totality of the circumstance brought in the record warrant a conclusion that the Opposite Party are fully responsible for violating the terms and conditions of the agreement. The O.Ps after agreement and security deposit remained silent without notice or information to the complainant. The O.Ps must come forward to render proper service to their customer, so that people will repose confidence upon them. The work of O.Ps should be balanced with interest of the society. The grievance of the complainant should not be ignored by the O.Ps and the O.Ps should provide proper service to the complainant so that the complainant will not feel that the O.Ps have done any dereliction of duty. In the instant case, the O.Ps fails to render service to the complainant because complainant after agreement and security deposit unable to get benefit of irrigation to his plantation and there by he sustained an irreparable loss. Failure on the part of the Opposite Parties about their contractual obligations resulted in rendering service defectively within the meaning of Section 2(1)(g) of the C.P. Act. A breach of contract it self may result in deficiency in services. As per Section 42(1) of the Electricity Act-2003, the licensee has to develop and maintain an efficient, co-ordinate, economical distribution system in the area of supply and to supply electricity in accordance with the provision or the Act. In the instant case the Opposite Parties have failed to satisfy the consumer and although agreement was executed on Dt.13/06/2011,supply of electricity was not given in due time and as per the agreement, causing heavy loss to his plantation. When there was no power supply to the L.I. Point the Complainant definitely suffered loss in his plantation in 3 and ½ acres of land without water. Since temporary line was given and it is 180 meter away from his L.I point, definitely low voltage will be happened which resulted causing burning of motor pump. When the electricity board has agreed to supply power to any consumer, a promise is implied in the agreement that the minimum voltage required to be maintained for a particular kind of supply. If the electricity board fails to maintain the minimum voltage required to be maintained for a particular kind of supply, then such failure amounts to deficiency in the service within the meaning of the act . As a result of such deficiency if the consumer suffers any loss or damage, he is entitled to claim compensation under the act. Again since Opposite Parties neither counter the allegation of the complainant nor contested the case and also not filed their version and Since nothing have been produced by O.Ps to disprove or convincingly justify the undue delay on their part in taking action in pursuance of agreement entered in to by it with the complainant, further even after receiving the Notice from the forum the O.Ps did not appeared. In absence of Opposite Parties in the proceeding and the related neglect shown bring weightage to the grievance of the Complainant and to which the Forum view that since the Opposite Parties are not giving due regards to the Court proceeding which it self prove the hostility of the Opposite Parties towards consumers. So the version of the complainant regarding deficiency of service is accepted . Although O.PNo. 2 give direction to O.PNo. 1 for completion of work, but with this his duty is not over . It is his duty lookout whether his subordinates were working properly or not. It is his duty also to give respect to the court proceeding although he has sufficient knowledge about the notice sent from this forum.
Another allegation of the complainant that the charge for meter rent of Rs. 40/-(Rupees forty)only per month in every bill has been taken by the WESCO which the forum feels that it is also unjustified because the meter installed by the WESCO is purchased by the Complainant himself which is proved from the copy of cash memo bearing Sl no. 1351 filed by the complainant. Hence the meter rent cannot be charged by the O.P.
Further allegation of the complainant that the O.Ps have taken money from the complainant towards shifting of pole which is further proved from the letter No. 234 dated 1.10.2011 /Letter no.3223 dated 10.08.2011/ Copy of money Receipt but not done the work till today to which the forum feels that it is definitely an intentional harrssement to the complainant.
Therefore it is cleared that the Opposite Parties have caused deficiency in service to the Complainant and the Complainant has suffered mentally and financially. There was violation to the electricity Act and regulation. Since the Opposite Parties have committed a breach of its agreement with the Complainant, therefore the Opposite Parties are liable to pay compensation.
In the instant case the complainant has claimed that he has incurred a crop loss of Rs.4,00,000/-(Rupees four lakh)only during the period as the supply was not given to his L.I Point. Regarding the claim of Rs. 4,OO,OOO towards the Crop loss, the complainant has neither filed any affidavit nor any documentary evidence to prove the same. He has also not filed any receipt of evidence or any scrap of paper in support of his expenses starting from raising of the plantation to the extent and quantum of damage. He has also not filed any certificate from any competent authority regarding his loss. So the claim relating to financial loss of Rs. 4,OO,OOO/- is not proved by the complainant .Regarding repair expenses of burning of Motor pump the complainant has not filed any document to prove the same.
Though in absence of any material on record, it can not be said about the nature, extent and quantum of damage sustained by the complainant due to inordinate delay in supply of electricity and after that inadequate electric supply, yet the complainant should be paid compensation for deficiency in service ,mental agony, harrassment by the Opposite Parties.
Hence ordered:
ORDER
The Opposite Parties are directed jointly and severally
To pay compensation of Rs. 50,000/-(Rupees fifty thousand)only towards deficiency in service,mental agony, harassment and litigation expenses to the complainant due to inordinate delay of 16 (sixteen) months in power supply to the L.I.Point of the complainant
(2) To revise the Bills from August 2013 to till date and issue fresh bills to the complainant after adjusting the excess amount if any in future Bill except that the complainant is entitled to simple interest @ 9% per annum in the said amount from the date of payment till the same are adjusted.
(3)To connect the line permanently maintaining the voltage in respect to supply of electric energy by shifting the pole as per their sanction letter No.3223 dated 10.08.2011 and Agreement.
To Refund the amount of Rs. 40/- (Rupees forty)only towards the meter rent paid by the Complainant from October 2012 to November 2013 with interest @ 9% per annum from the date of payment till the date of last connection.
The above entire orders should be carried out within one month from the date of Order, failing which the awarded amount shall carry 12%(twelve percent) interest till the date of realization of amount.
The case is disposed of accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, ( Miss Rajlaxmi Pattnayak) ( Smt. Anjali Behera) (Sri Pradeep Kumar Dash)
P r e s i d e n t. M e m b e r. M e m b e r.
