DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 27th day of October, 2020
C.D Case No. 33 of 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Bairagi Sahoo aged about 65 years
S/o - Late Krushna Sahoo
At- Belasaulia, Ps- Basudevpur
Dist- Bhadrak
……………… complainant
Vrs
1 Executive Engineer, Bhadrak North Electrical Division (NESCO UTILITY)
AT- By-Pass, PO/PS/DIST- Bhadrak
2 Junior Engineer, Electrical (NESCO UTILITY)
At/Po/Ps- Basudevpur, Dist- Bhadrak
………………. Opposite parties.
Counsel For Complainant: Sri Biswanath Sahu (B), Adv & Others
Counsel For the O.Ps: Sri D. Nayak, Adv
Date of hearing: 06.11.2019
Date of order: 27.10.2020
RAGHUNATH KAR, PRESIDENT
This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the case as narrated in the complaint are to the effect that, the complainant is a domestic category consumer bearing A/C No. BI-81369. Electricity connection which has been connected to his residential premises for a contract demand of 1 K.W under the supply company of NESCO, there is an agreement executed by both the parties. The complainant has been paying the electricity dues regularly to the o.ps. The o.ps used to issue the energy bills to the complainant regularly in every month. The o.ps are being the office bearers of the supply company used to neglect the complainant supplying a standard meter and thereby exploit the complainant by collecting illegal money taking various please and threatening for disconnection of supply time to time . According to the terms and conditions of the said agreement it is the mandatory duty of the o.ps to install a standard correct meter in the premises of the complainant. If any default is found in the old or defunct meter, it is also mandatory duties of the o.ps to remove the default one in place of a new standard meter. The complainant request made by the complainant to the o.ps but they paid no heed to the complainant. The o.ps are still issuing bills to the complainant as average billing basis. There is negligence from the side of the supply company for issuing the bills according to actual meter reading and the o.ps have violated terms and conditions of the agreement.
The complainant requested the o.ps to revise his electricity bill, But they carelessly avoided him. The cause of action of this complaint arose on Dt. 05.03.2018 when the o.ps disconnected the power supply to the dwelling house of the complainant. So o.ps have caused deficiency of service and illegal trade practice towards the complainant.
Hence complainant has sought for the following reliefs against the o.ps -:
- The o.ps be directed to rectify the bills and restored the power supply of the complainant.
- The o.ps be directed to pay cost and compensation to the complainant towards the mental agony and harassment.
LIST OF DOCUMENT FILED BY COMPLAINANT
- Bill dt.16.03.2018 …. Annexure 1
- Bill dt.12.01.2018 …. Annexure 2
- Bill dt.18.02.2018 …. Annexure 3
- Bill dt.12.12.2017 …. Annexure 4
- Bill dt. 12.11.2017 …..Annexure 5
- Bill dt.13.10.2017 …. Annexure 6
- Bill dt.11.08.2017 ….Annexure 7
- Bill dt.10.09.2017 … Annexure 8
- Bill dt.14.09.2017 ….Annexure 9
- Bill dt.18.02.2017 …. Annexure 10
- Appl. Dt18.02.2017.... Annexure 11
Total - 6 sheets
On the other hand the o.ps have submitted their W/V analogously as follows:-
The o.ps have admitted the averments made by the o.ps in the paragraph No.1, 2 and 3 , But they have denied the averments made by the complainant in the forgoing Para No.4, 5, 6, 7, 8, and 9. The o.ps have also averred that the complaint entirely imaginary and baseless. The facts of the w/v filed by the o.ps is that the complainant has not followed the procedure prescribed under Regulation 91 or O.E.R.C distribution code, 2004 for correction of his bills, such as “In the event of any dispute in the billed amount the consumer may lodge a complaint before the designated officer/agency as determined Licensee and pay the average of last 6 months consumption or the billed amount, whichever is less within due date pending settlement of the dispute”. The licensee shall dissolve the dispute or communicate its decision with reasons to the consumer within a maximum period of 1 month as per Regulation 92.
Hence the o.ps have sought for the relief of dismissal of this complaint.
DOCUMENTS FILED BY THE O.PS (XEROX COPIES)
- Letter vide No.298 Dt.16.07.2019 from the SDO NESCO Utility electrical sub-division Basudebpur …. 1 sheet
- Statement accounts ………… 1 sheet
OBSERVATION
We have already perused the documents filed by both the parties. We have also gone through the complaint and W/V filed by both the parties. The complainant has filed a bunch of electricity bills but he has not filed a single copy of money receipt ,so we are in darkness whether the complainant has been depositing in the electricity dues or not. The o.ps have filed a letter which is evident that the bills of the complainant have already been revised. The statement of account’s which shows that the complainant defaulted to deposit the electricity dues up to date. The o.ps have already admitted in their W/V that, a new meter has already been installed in the house premises of the complainant bearing Sl. No. NLT053087-70G19(PCG Dt.06.07.2018). So as per the above findings the matter came to our knowledge that the complainant has already obtained the reliefs what he has sought for. The o.ps have installed a new meter in the premises of the complainant bearing Serial No. NTL053087 and Seal No. T70G19 (PCG) on Dt. 06.07.2018. According to their averments made in the W/V. The o.ps have also submitted Xerox copy of a letter vide No. 298 on Dt. 16.07.2019 as well as copy of calculation statement which is evident that the bills issued by the o.ps have already been revised. So the complainant does not required to proceed with this case. So the complainant has already obtained the reliefs what he has sought for in this complaint. Hence it is ordered;
ORDER
The complaint be and the same stands dismissed having no merit, without cost & compensation.
This order is pronounced in the open Forum on this day of 27th October, 2020 under my hand and seal of the Forum.
