Orissa

Kendrapara

CC/55/2018

Rabindra Kumar Nayak - Complainant(s)

Versus

Executive Engineer, CESU - Opp.Party(s)

Sri M.C.Sahoo & Associates

18 Dec 2019

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/55/2018
( Date of Filing : 12 Oct 2018 )
 
1. Rabindra Kumar Nayak
S/o- Late Brahmananda Nayak At- Gangapada, Po- Gogua Ps- Pattamundai
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Executive Engineer, CESU
Kendrapara Division No.1 At/Po-Kajala Dist- Kendrapara
Odisha
2. Sub- Divisional Officer,
At/Po/Ps- Pattamundai
Kendrapara
Odisha
3. Divisional Manager,
Enzen Global Solution Pvt. Ltd. At/Po- Kapaleswar (Garapur) Ps/Dist- Kendrapara
Odisha
4. Deputy Manager,
Enzen Global Solution Pvt. Ltd. At- Beltala, Po/Ps- Pattamundai
Kendrapara
Odisha
5. Junior Manager,
Enzen Global Solution Pvt. Ltd. At- Beltala, Po/Ps- Pattamundai
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Jiban Ballav Das PRESIDENT
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Sri M.C.Sahoo & Associates, Advocate
For the Opp. Party: Sri P.K.Samal & Associates, Advocate
Dated : 18 Dec 2019
Final Order / Judgement

SRI JIBAN BALLAV DAS,PRESIDENT:-

                        The  Complainant claiming to be a consumer filed this complaint against the Electricity Deptt. i.e. CESU and Others. According to the complaint petition the complainant’s family members are consumers of electricity from the time of their forefathers. As per the norms of the family consumption  the  complainant’s house is lighted by four LED bulbs, two ceiling fans and the electricity consumption is less. Inspite of this due to defective meter the Electricity Authority wrongly prepared electric bills in average charges of demand and when the complainant protested the matter before the CESU Authority Pattamundai Division his electric connection was snapped. After several request energy supply was restored to the house of the complainant. Kunja Bihari Nayak, the brother of the complainant filed complaint before the CESU Authority also served legal notice through the Advocate on dtd.02.04.18, but the Electricity Authority remained silent and inactive. The electric bill was wrongly prepared and the CESU Authority never corrected themselves for which this case was filed by the complainant.

                       The cause of action arose on dtd.08.09.18 when the Electricity Authority threatened to disconnect the electric supply on the strength of illegal bills. Thus, the complainant being deprived of proper service from the CESU Authority filed this case for deficiency in service and prayed to allow his prayer.

2.                     On the otherhand, the Ops in their written objection denying the allegation made by the complainant stated that an outstanding of Rs.92,482.87  was pending against the complainant-Petitioner who is a consumer of electricity under the Opp.Parties. The Ops fairly agreed vide para-6 of the objection that they are ready and willing to consider the grievance of the complainant within the scope of OERC Rules and Regulations. It is further contended by the Ops that the complainant shall submit fresh application before the Appropriate Authority for revision of the disputed energy bills. It is also submitted that inspite of huge pending electricity bills the Ops never disconnected the electric supply to the house of the complainant. Thus, there was no deficiency of service by the Opp.Parties. It is further contended that the complainant should be directed to pay the total arrear bill at the time of passing of orders.

3.                   Heard the Learned Counsels for both the parties at length. The Learned Counsel for the Ops confirming his written version fairly submitted that the complainant be directed to act properly as per Law and Rules in force and the matter shall be taken care of and the complainant should co-operate for appropriate correction of the disputed electricity bills. Hence, it is ordered:-

                      We are of the opinion that the complainant should approach the Appropriate Authority as per the Rules of OERC with documents  of Xerox copy or original to substantiate his allegation for correction of disputed energy bill and any other requirement to resolve the dispute. The Ops shall not disconnect electric supply to the house of the complainant till disputed bills are settled which is to be done within a period of thirty days from the date of this order.                                              

                   Accordingly, the complaint is disposed of without any cost.

            Pronounced in the open Court, this the 18th  day of  December,2019.     

 
 
[HON'BLE MR. Jiban Ballav Das]
PRESIDENT
 
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER
 

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