Orissa

Jharsuguda

CC/116/2014

Sabitri Naik W/O-Kunjabehari Naik - Complainant(s)

Versus

Excutive Engineer,WESCO,Jharsuguda Division - Opp.Party(s)

P.K.Patel

29 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 116 OF 2014

 

Sabitri Naik (50 Yrs),

W/O: Kunjabehari Naik,

RO: Jharsuguda, Bombay Chowk, Flat No.13,

Represented through Power of Attorney Holder

Bunty Kumar Naik,…………..………….…….…………………..……Complainant.     

                                           

Versus 

 

Executive Engineer, WESCO Jharsuguda Division,

At / PO/PS/ Dist : Jharsuguda  Odisha….…………….…….…..…..…….Opp. Party.

 

Counsel for the Parties:-

For the Complainant                                Shri P.K.Patel, Adv. & Associates.

For the Opp. Party                                   Shri B.B.Barai, Adv. Associates.

 

Date of Order: 29.07.2015

Present

 

                                                                                      1. Shri S.L.Behera, President.

                                                                                      2. Shri S.K. Ojha, Sr. Member.

                                                                                      3. Smt. A. Nanda, Member.

 

Shri S.K. Ojha, Sr. Member :-  The complainant has filed the case through her Power of Attorney holder namely, Bunty Kumar Naik. The complainant’s case in brief is that, she is a consumer of O.P bearing consumer No. 413001010385 and was paying for the regular electricity bills. All of sudden the O.P issued bill for the month of April 2012 for amount of Rs.81,433/- only and subsequently raising to Rs.1,77,501.54P only, Rs.2,87,213.13 P only, Rs.4,10,644.97P only, Rs.4,14,246/- only, Rs.5,59,286.40P only and Rs.7,17,739.05P only in the further respective months. The said matter of dispute has been decided earlier by this Hon’ble forum on dtd. 22.09.2014 directing the O.P to submit legitimate electricity bill to the complainant where the O.P submitted bill of Rs.62,473/- only on dtd. 09.12.2014. In the meantime the complainant has paid Rs.35,000/- only and Rs.2,426/- only in October’2014 but the O.P issued bill of Rs.62,473/- only without any verification, hence this case.

Being noticed, the O.P appeared objecting on maintainability as the present case hit by principle of res-judicata and constructive res-judicata as C.C.Case No.122 of 2013 has been decided by this Forum on the same matter.  In counter, the complainant mentioned that the case is completely different due to the O.P issued further bills without verification.  Considering both the parties and in the eye of natural justice this Hon’ble Forum provided relief to the complainant by rejecting the objection petition by the O.P.  Further the O.P filed his  written version by admitting that, they have already revised the bills of the complainant from the month of December 2012 to October 2012 on account of wrong reading on dtd. 16.07.2013 and as per the award of this Hon’ble Forum the O.P. has adjusted Rs.5,000/-

 

only in the bill of complainant and Rs.35,000/- only has been paid by the complainant on dtd. 30.09.2013 the matter of which was mentioned in the previous case.  The O.P further submitted that bills have been revised as per consumption of the complainant and denying to be any deficient in service prayed for dismissal of case. 

Heard from parties in length, perused the materials available in the case record. 

However the present case has link with the previous case of complainant bearing C.C.Case No. 122 of 2013 but a new dispute arises after disposal of the previous case on issuing of bill without verification.  In support of the case the complainant filed the only Money Receipt of Rs.2426/- only dtd. 21.10.2014 along with electricity bills for the month of September’2014 and August’2014.  The O.P revised the enhanced bill which alleged by the complainant much earlier and issuing monthly bills, but the complainant failed to prove on the amount of Rs.35,000/- only deposited before the O.P except Rs.2426/- only dtd. 21.10.2014. The revised bill is continuously enhancing due to non-payment on current electricity bills by the complainant and required charges.  As per the bill the complainant should also know the actual current consumption and arrear bill amount due.

On the above observations and analysis the O.P has revised the bills of complainant and issued revised bills which the complainant should also pay on the same.

 Hence we are in considered opinion to allow partly the complaint petition directing the O.P to issue afresh legitimate bill to the complainant reflecting fairly the arrear bill amount and the bill amount of current consumption by the complainant, subsequently the complainant is also advised to pay the said electricity bill issued by the O.P.

            Accordingly the case is disposed of.

Order pronounced in the open court today the 29^th  day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.              

                                      I Agree.                                I Agree,                                                                                                   

                                          

                               A.Nanda, Member (W)              S. L. Behera, President         S.K.Ojha, Sr.Member       

                

                                    Dictated and corrected by me

 

                                      S.K.Ojha, Sr.Member