Date of filing:-28/01/2016.
Date of Order:-01/09/2017.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 03 of 2017.
Laxmi Mahapatra aged about 75 (seventy five) years, wife of Late Sarat Chandra Mahapatra resident of Back Side of Mini Stadium, Ward No.13, Bargarh, P.o. Bargarh under P.s. Bargarh District. Bargarh, Contact No. 9437420330
..... ..... ..... Complainant.
-: V e r s u s :-
Executive Engineer, BWED, WESCO Bargarh, P.O./P.S. Bargarh, District. Bargarh.
..... ....Opposite Party.
Counsel for the Parties.
For the Complainant:- Sri G. Meher, Advocate with other Advocates.
For the Opposite Party :- Ex-parte
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).
Dt.01/09/2017 -: J U D G E M E N T :-
Presented by Ajanta Subhadarsinee, Member:-
The Complainant has filed this case U/S-12 of Consumer Protection Act-1986, against the Opposite Party, alleging deficiency in service and adopting unfair trade practice on the ground of supplying excessive bill to the consumer as well as non rendering of actual electric consumption bill regularly.
The brief fact of the case is that the Complainant is a Consumer having being supplied with electric connection for his domestic purpose by the Opposite Party vide his Consumer No. 512122160023, corresponds to Domestic No.19(old) stands in the name of her husband, who is dead now. The Opposite Party is an official of Electricity Company dealing with the business of supplying electricity and the Complainant was paying the electricity bills regularly to the Opposite Party Company. Since the year 1994-95, a random bill with excessive amount has been issued to the Complainant, inspite of several approaches ever made by the Complainant to issue the genuine bill basing upon actual consumption of electricity. Again in the year 2012, before Grievance Redressal Forum, at Burla vide case No.4 of 2012, settlement was done by depositing Rs.1,00,000/-(Rupees one lakh)only by the Complainant, in installment basis, as full and final settlement. Thereafter the Complainant has been paying the dues regularly to Opposite Party, department. In the year 2014, an electric bill of minus marking arrears has been issued to the Complainant showing that Opposite Party department is liable for such amount. And on approaching by the Complainant the Opposite Party officials have refused to receive the electric bill amount of consumption, for respective months. Then the Opposite Party has stopped issuing any electric bill to Complainant, since August 2014, on saying that, WESCO is adjusting the demand consumption with that amount credited in favour of the husband of the Complainant. Suddenly on Dt. 11/01/2017 the Opposite Party issued a bill for an amount of Rs.67,319/-(Rupees sixty seven thousand three hundred nineteen)only as arrear without any reason, to the Complainant for which he is not liable for any arrear amount. Further the Complainant has prayed for the electric bill charges Dt. 11/01/2017 showing arrear and current demand by the Opposite Party should be rejected.
The Complainant in his memo of argument mentioned the provision U/s-56 of Sub- Section(2) of Electricity Act, says that- Not withstanding any thing containts in any other law for the time being inforce, No sum due from any Consumer under the section shall be recoverable after the period of two years from the date when such sum became first due, unless such sum has been shown continuously as recoverable as arrear of charges of Electricity charges and the licenser shall not cut up the supply of the electricity.
In support of his case the Complainant has relied on the following documents:-
Xerox copy of Electricity Bill Dt.11/01/2017 issued by the Opposite Party.
Xerox copy of Electric Bills with payment slips Dt.17/08/2013 and on some other dates.
Xerox copy of a letter to the S.D.O., Electrical Division, GRIDCO, Bargarh by the husband of the Complainant, requesting to revise and to issue a modified correct bill, with the postal receipt.
Xerox copy of Inspection report bearing No. 1031397 by the vigilance, WESCO, Burla Dt. 27/02/2012 in the name of the husband of the Complainant.
Notice was duly served on the Opposite Party and case was posted for appearance and version by the Opposite Party but no body appeared on his behalf either in person or through any counsel. Hence the Opposite Party was set ex-parte on Dt.11/07/2017 and the case was posted for ex-parte hearing. Heard the Complainant, the case was heard on merit posted for order.
As such in view of the above pleading, the following are the points for consideration.
Whether the claim of Opposite Party from the Complainant of Rs.67,319/-(Rupees sixty seven thousand three hundred nineteen)only as arrear is just and proper ?
Whether the Opposite Party has caused deficiency in service to the Complainant by not issuing electric bills regularly ?
The allegation of the Complainant is that since Augugust 2014, the Opposite Party has stopped to issue any electric bills to the Complainant by stating that WESCO is adjusting the consumption of electricity with the credited amount. But suddenly issued an electric bill amounting Rs.67,319/-(Rupees sixty seven thousand three hundred nineteen)only on Dt.11/01/2017 as arrear to the Complainant, is unjust and unlawful.
We have carefully gone through the Complaint petition along with the documents available on record, heard the case on Dt.11/08/2017 and found that without any proper reason the Opposite Party department has stopped to issue any electric bill to the Complainant and sudden issuance of such a heavy amount of an arrear bill to the Complainant is unjust and unlawful. Having no fault on the part of the Complainant, issuance of a heavy amount bill by the Opposite Party, is a burden upon the Complainant with mental agony and harassment. The bill based on average electric consumption, either the previous bills shows the electric consumption was nearly 254(two hundred fifty four) unit per month. In such a situation the Complainant prayed for the reject the bill amounting Rs. 67,319/-(Rupees sixty seven thousand three hundred nineteen)only Dt. 11/01/2017, by the Opposite Party.
In the above situation we have to believe upon the Complainant, because the Opposite Party has not appeared before the Forum to counter these allegations.
Again we perused all the electric bills and receipts there on which shows that the Complainant is a regular payer of Electric bill and has cleared up the dues upto August 2013. As per the Complainant, the Opposite Party department had refused to receive the bill amount of his electric consumption but not supported any evidence there of.
To these allegations, the Opposite Party has neither countered nor contested the case and also not filed his version, not also adduced any evidence before the Forum. Even after receiving the notice, the Opposite Party has not replied. Further in absence of the Opposite Party, in the proceeding and the related negligence shown, brings weightage to the grievance of the Complainant and the Forum views that since the Opposite Party is not giving due regards to the court proceeding, which it self prove hostility of the Opposite Party towards its consumers. So the complaint of the Complainant is accepted.
The totality of the circumstances brought in the record warrant a conclusion that the Opposite Party is responsible for deficiency in rendering service to the Complainant within the meaning of Sec.2 (I)(g) of the Consumer Protection Act. In the instance case the Opposite Party has failed to satisfy the Consumer properly. Therefore it is cleare that the Opposite Party has caused deficiency in service to the Complainant and the Complainant has suffered a lot mentally, since the Opposite Party department has not issued any electric bill for such a long period and suddenly issued on electric bill with a excessive amount, inspite of several approaches has made by the Complainant to revise the bill. It is a violation to the Electricity Act and Regulation. Since the Opposite Party has committed deficiency in service with the Complainant the electric bill for the month of January 2017 is liable to be rejected. Hence the order is as follows :-
O R D E R
The Opposite Party is directed, that the Electric Bill Dt.11/01/2017 of Rs. 67,319/-(Rupees sixty seven thousand three hundred nineteen)only shall not be realized by the Opposite Party from the Complainant and the Opposite Party is further directed to provide a fresh reasonable bill to the Complainant on the basis of actual consumption made by the Complainant during the aforesaid period without any interest charging there on, within one month from the date of this order. Further the Opposite Party is directed to issue electricity bill regularly to the Complainant being on actual consumption of electricity as per meter reading thereof.
The Complaint petition is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
(Ajanta Subhadarsinee)
M e m b e r(w)
I agree, I agree,
(Sri Krishna Prasad Mishra) (Sri Pradeep Kumar Dash)
P r e s i d e n t M e m b e r(m).
