Orissa

Bargarh

CC/07/78

Padma Nave Joshi - Complainant(s)

Versus

Executive Engineer (Elect) - Opp.Party(s)

Sri R.K.Satpathy and others

13 May 2008

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/07/78

Padma Nave Joshi
...........Appellant(s)

Vs.

Executive Engineer (Elect)
Sub-Divisional Officer(Elect)
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI BINOD KUMAR PATI 3. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. Sri R.K.Satpathy and others

OppositeParty/Respondent(s):
1. Sri J.P.Singh and others



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ORDER

Presented by Miss B.L.Dora, Member:- In this case, the complaint petition reflects about the providing of improper service by the Opposite Parties. (WESCO, Electrical) to it's consumers where the complainant is a regular payer of Electric Bills but due to Low Voltage problem in the locality since the last10 (ten)years and above, the using of welding machine by few people on aware of the Opposite Parties, the power supply to the complainant's resident with other's are fluctuating constantly through out the day. This low voltage problem made bound the complainant to go through high mental tension and heavy financial loss when his Electrical implements were got damaged. When the Ops. remained silent on the repeated request of the complainant,the complainant took shelter of the Grievance Redressal Forum, Burla Electrical Circle but it was in vain. At last the Complainant filed complaint before the Ombudsman (WZ), Sambalpur regarding the quality of power supply and for a compensation of Rs.15,600/-(Rupees fifteen thousand six hundred)only in respect of the damage of his computer set, in case No. OMB (WZ) 7/2006-2007 where the Hon'ble Ombudsman held that, the Complainant regarding low voltage is genuine one and the Complainant may file case before the appropriate Forum to get compensation. Hence, the Complainant filed this case, praying for a compensation of Rs.15,600/-(Rupees fifteen thousand six hundred)only for the damage of the computer set and conveyance charge for repairing Rs.400/-(Rupees four hundred)only, compensation of Rs.20,000/-(Rupees twenty thousand)only only for harassment and deficient service Rs2,000/-(Rupees two thousand)only for litigation expenses with a direction to the Opposite Parties to keep the power supply stable as per norms of the Orissa Electricity Regulatory Commission (Licenses and standard of performance), Regulation 2004 The documents, filed by the Complainant in support of his case are:- (1) Bill dated 30/08/2006 of S.M. Infotech, Sambalpur. (2)Letter No.21 Dt.17/02/2007 of Ombudsman (WZ). (3)Order in case no. OMB (WZ)-7/06-07, Sambalpur. (4)Representation of the Complainant dated 01/12/2006. (5)Order of GRD, Burla electrical circle in GRF Case No. 44/2006. (6)Complaint of the Complainant dated 12/10/2006 Dt. 23/09/2006, Dt. 30/12/2006. (7)Petition dated 14/06/2006 of the Complainant and others. In response to this, the Opposite Parties have admitted, that the Complainant is a consumer under him but denied regular bill paying with all the allegations made in the complaint petition except accepting para 5-6, as the case No. OMB(WZ), Order of which was already complied by the Opposite Parties, in accordance to the version. Gone through the petitions, filed by both the sides, perused the documents filed and heard from the Counsels of the Parties, which makes so transparent that the low voltage problem is genuine. The Opposite Party has cited 2007, Vol(II) CLR (SC-859) in his support but the ratio of the decision is not in accordance to the context of the present set of fact. Hence, the decision is not applicable. The Complainant has rightly presented his grievance before the appropriate Authority and in this regard, the Order passed by the Ombudsman, Western Zone, Sambalpur, in case No. OMB (WZ)-7 of 2006-7 that, no compensation is to be paid at present to the consumers as the low voltage situation is beyond the control of the licensee but the licensee should immediately take steps to avoid the low voltage condition at Padampur and the Petitioner should take shelter of appropriate Court of Law for compensation. The version of the Opposite Parties speaks that the Order has been already complied, which is not proved. In view of all these situations, the Forum is satisfied to allow this complaint petition. The Opposite Parties are directed jointly and severally to pay Rs.15,600/-(Rupees fifteen thousand six hundred)only for the damage of the computer set and Rs.2,000/-(Rupees two thousand)only compensation for harassment and litigation expenses to the Complainant with in 30(thirty)days from the date of Order, failing of which 18%(eighteen percent) interest will be impose on the total awarded amount till the date of actual payment. Case disposed off.




......................MISS BHAGYALAXMI DORA
......................SHRI BINOD KUMAR PATI
......................SHRI GOURI SHANKAR PRADHAN