DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 54 OF 2017
Shakil Akhtar(50 Years),
S/O: Akhtar Husain,
Prop. Samada Ice Factory, Occu: Business,
RO/PO/ PS: Belpahar,
Dist- Jharsuguda, Odisha…………………..…………..………..….…..…..……. Complainant.
Versus
- The Executive Engineer, WESCO,
At: Near Bijay Laxmi Complex, GandhiChowk,
PO/ PS: Brajrajnagar, Dist: Jharsuguda, Odisha.
- Sub Divisional Officer (Electrical),WESCO,
At/PO: Belpahar, Dist: Jharsuguda, Odisha.
- Executive Engineer(MRT),WESCO,Utility,Jharsuguda.
PO/PS/Dist: Jharsuguda, Odisha........................................................ Opp. Parties.
Counsel for the Parties:-
For the Complainant Abdul Zalil, Adv. & Associates.
For the Opp. Parties B. B. Barai, Adv. & Associates.
Date of Order: 31.10.2017
Present
1. Shri Sundarlal Behera, President.
2. Shri Santosh Kumar Ojha, Member.
3. Smt. Anamika Nanda, Member (W).
Shri Sundarlal Behera, President:-The brief facts of the complaint’s case is that, the complainant is a consumer of the O.Ps. bearing Consumer No. 417001040075 for running his ICE factory and mineral water manufacturing unit functioning under the name and style of “Samada Ice Factory”. The complainant was paying the electricity bills regularly. On dtd. 28.02.2017 the O.P.No.1 issued a letter for the O.P.No.2 on the report of O.P.No.3 that on dtd. 27.02.2017 the O.P.No.3 found that the meter of complainant was slow @ 44.91% during the period dt.18.11.2016 to 27.02.2017 and the complainant was to pay Rs.76,610/- only for 12667 extra units. The electric meter was/is running properly and the complainant is paying regular electricity bills and the O.Ps. never raised any complaint on the said meter but all of sudden on dtd. 28.02.2017 the O.ps. issued letter for slow running of meter and demanded more amount, hence this case.
On service of notices, the O.Ps appeared and filed Written Version through their counsel jointly. The O.Ps. submitted that the O.P.No.1 raised the demand on the basis of report of the AMT report of the MRT Department,Jharsuguda. The MRT Department detected the slow running of meter and was reported to O.P.No.1, the O.P.No.1 issued letter dtd.28.02.2017 to the complainant demanding Rs.76,610/- only for 12667 units. The O.ps. further submitted that the case is not maintainable as the complainant does not fall under the purview of definition of consumer as per Section-2(1)(d) of the C.P.Act,1986 as it involved within commercial activities. The O.Ps. prayed that the bills served to the complainant are true and based on meter reading for which the complaint case is baseless and deserves to be dismissed.
The matter was heard in length from both the parties, gone through the case and materials available on record. The complainant has taken electricity connection to run a manufacturing unit of mineral water and for Ice factory. The allegation on running of electric meter of complainant @ 44.91% for a period dt.18.11.2016 to 27.02.2017 was raised as per the report of MRT(Meter Relay Testing) Division, WESCO, Jharsuguda dtd.27.02.2017. The matter of dispute is purely based on technical issues on which the complainant will get proper relief if he could have made before appropriate authority as per provisions of the Electricity Act,2003.
On the above facts and circumstances the complainant is advised to file his complaint before the appropriate authority/Tribunal to get proper relief of his dispute, hence the present case of complaint is hereby dismiss with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today the 31st day of October’ 2017. Free copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree
A.Nanda, Member ( W) S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me
S.L.Behera, President
