Orissa

Kendrapara

CC/94/2017

Prafulla Kumar Das - Complainant(s)

Versus

Executive Engineer, (CESU) - Opp.Party(s)

Self

21 May 2018

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/94/2017
( Date of Filing : 23 Dec 2017 )
 
1. Prafulla Kumar Das
S/o- Late Paramananda Das At- Nasadipur Po/Dist- Kendrapara
Odisha
...........Complainant(s)
Versus
1. Executive Engineer, (CESU)
Kendrapara Electrical Division No.2 At/Po/Dist- Kendrapara
Odisha
2. Project Manager,
Enzen Global Solution Pvt. Ltd. At- Mirpatana Po/Dist- Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. sri Nayananda Das PRESIDING MEMBER
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: Sri Pramod Kumar Samal & Associates, Advocate
Dated : 21 May 2018
Final Order / Judgement

SJ.NAYANANANDA DASH, PRISIDING MEMBER:-

               Deficiency in service in respect of serving illegal monthly energy bill and showing excessive arrear outstandings are the allegations arrayed against the Opp.Parties.

2.                  In the Complaint, it is alleged that, complainant’s deceased father namely Late Paramananda Das was a domestic category of consumer under Ops from the time of O.S.E.B. having Old Consumer No.D-13-F12/2 which correspondences to new Consumer A/c No. 01051045. It is revealed that complainant being a Govt. of India employee resided outside of his residential house and consumed less electricity as per the meter reading. On Feb.,2017 complainant received the energy bill showing an arrear outstanding of Rs.33,119/. It is further stated that complainant after availing and verifying the consumer billing statement found that from the year 1998 to Feb-2017, the bi-monthly bills served in the year reflects an arrear outstanding of Rs.4521/- upto Dec.1998, but in the next bi-monthly bill the arrear goes upto as Rs.13,594/-, though the meter was functioning and energy bills are prepared on ‘actual’ consumption basis. It is also alleged that prior to replacement and installation of new meter on July,2001 the bills were prepared on ‘No meter’ basis and the arrear outstanding shows Rs.31,536/- which according to complainant is illegal and arbitrary. It is also alleged that, as the complainant is residing outside of his residential house and inspite of repeated approach to Ops, the arrear outstandings were not revised and preys this Forum to withdraw the bi-monthly bill of 1st January,1999 to 28th February,1999 amounting of Rs.9,000/- and revised the other energy bills which are prepared on ‘HL’ and ‘average’ basis.

3.                Ops made their appearance  through their Learned Counsel and filed joint written version into the dispute submitting that, father of the complainant was a domestic category of consumer under Ops bearing No.01051045 having a contact demand of 1.5 KW and due to non-payment of dues the arrear oustandings has gone upto Rs.33,356/- upto Feb.,2018. The complainant has never approached for revision of energy outstandings, if the complainant applies for revision of energy oustandings, same may be considered as per the Rules. Accordingly, the complaint be dismissed with cost.

4.                Heard the complainant and Learned Counsel appearing for the Ops and perused the consumer billing statement filed into the dispute. It is an admitted fact that, complainant’s deceased father was a domestic category of consumer under Ops bearing No.01051045 and an arrear outstanding is pending against the complainant-consumer. On perusal of consumer billing statement, it is seen that on bi-monthly bill of 1st Nov.1998 to 30th Dec.1998 reflects an arrear outstanding of Rs.4521/- on complainant, in the next bi-monthly bill it jumped into Rs.13,594/- though the meter condition was OK and no valid reason is shown by Ops justifying such abnormal high of consumption. It is further noticed that the energy bills of the complainant are prepared on ‘No meter’ basis from 1st Nov.2000 to 30th June,2001 and average consumption of ‘720’ units per month has been charged for the said period and subsequently, the complainant’s energy bills are prepared on ‘actual’ consumption basis and complainant is making payment of energy dues as per the meter reading. It is revealed from the written version of Ops that, they are ready to revise the energy bill, if complainant applies for the same. We, observe that if the billing period of 1st January,1999 to Feb.1999 is withdrawn on taking the actual consumption/meter reading of the complainant and on revision of billing period from 1st Nov.2000 to 30th June,2001 is considered as per the Rules and an application of the complainant for revision, it will fulfill the grievance of the complainant-consumer.

                   Having observations reflected above, it is directed that complainant-consumer will make an application for revision of arrear billing as per the procedure before OP No.1 within one month of receipt of this order and it is further directed that, Ops will revise the energy bills of complainant within one month of receipt of the application for revision, till then Ops are hereby restrained to take any coercive action against the complainant. Non-compliance of the order will initiate proceeding against the defaulting parties as per the provisions of C.P.Act,1986.     

            The  Complaint is allowed in part on contest without cost.  

            Pronounced in the open Court, this the 21st   day of May,2018.

                             I, agree.                  

                                 Sd/-                                   Sd/-                                           

                           MEMBER                       PRESIDING-MEMBER

 
 
[HON'BLE MR. sri Nayananda Das]
PRESIDING MEMBER
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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