BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL
C.C. Case No. 15 OF 2021
Date of Filing : 03.03.2021
Date of Order : 25.10.2022
Himanshu Sekhar Patra
S/O- Kalucharan Patra,
AT- Peonpada, Shanti Nagar,
PO/PS- Phulbani Town,
DIST- Kandhamal
.................Complainant
Versus
- Executive Engineer,
Electrical Division ,TPSODL,
PO/PS- Phulbani Town,
DIST- Kandhamal
- Sub-Divisional Officer,
Electrical Division, TPSODL,
PO/PS- Phulbani Town,
DIST-Kandhamal
- Junior Engineer,
Electrical Division, TPSODL,
PO/PS- Phulbani Town,
DIST-Kandhamal
................Opp. Parties
Present: Sri Purna Chandra Mishra,President,
Sri Sudhakar Senapothi, Member
Counsel: For the complainant:Mr. M.K. Sahoo, Advocate
For the Opp. Parties:Mr. H. Moharana, Advocate
Sri Purna Chandra Mishra, President
The complainant has filed this case U/S 35 of the C.P. Act, 2019 alleging deficiency in service and unfair trade practice on the part of the O.P.s for not rectifying the defects in the energy bill and threatening him to disconnect power supply and praying therein for a direction to the O.Ps. to waive out the arrear amount from the bill, issue a fresh and correct bill from the month of January’ 2021 onwards as per actual consumption and to pay a sum of Rs.5,000/- towards cost of litigation.
- Brief fact leading to the case is that the petitioner is availing power supply from the O.P. Company TPSODL for the purpose of lighting his shop room in the name and style of M/s Rabi Medicines. He is running the shop to earn his livelihood by way of self-employment. The shop room belongs to LAMPCS and the petitioner is a tenant who has taken the shop room, No.5 on the basis of rent. In shop room No.5, the name of the consumer has been recorded as Managing Director, LAPMCS, Phulbani bearing Consumer A/c No. 292101683395 (Old A/c No.1004/D-566). The petitioner being the tenant is a beneficiary and he has been paying the energy charges regularly to the O.Ps. and at the time of taking possession, the energy charges were cleared completely, but in the month of January’ 2021 the O.P.s demanded an arrear amount of Rs.64,016.81 paise as arrear amount. Be it stated here that, no arrear was reflected till the Month of January’ 2021. After receiving the bill on 20.01.2021, the petitioner made an application on 29.01.2021 to the Managing Director, LAPMCS, Phulbani for his information and permission to file a case before this Commission. Since it is the financial closing month and the O.Ps. have warned to disconnect power supply if the arrear amount of any consumer is above Rs.1,000/-. Being frightened by such announcement, the petitioner has approached this Commission for direction to the O.Ps. to waive out the arrear amount from the bill, issue a fresh and correct bill from the month of January’ 2021 onwards as per actual consumption and to pay a sum of Rs.5,000/- towards cost of litigation.
- Notice was issued to the Opposite Parties from this Commission and after receipt of notice, they appeared through their Advocate on 05.04.2021 but did not file their written statement inspite of repeated opportunities till 01.06.2022.
- The petitioner in support of his case has filed the copy of the agreement between LAMPCS and himself, copy of the application submitted to the M.D. LAMPCS, copy of the energy bills from the month of October’ 2020 to January 2021 along-with money receipts showing payment of the bill amounts.
- The only point of adjudication is whether the petitioner is entitled to pay the arrear of Rs.64, 016.81 paise as claimed by the O.Ps. in their bill for the month of January’ 2021.
It is seen from the energy bills filed by the petitioner for the month of October’ 2020 that the O.Ps. served energy bill on actual meter reading basis for Rs.1, 046.54 paise and no arrear has been claimed in that bill. In the energy bill for the month of November, it is seen that there is also no arrear and from the money receipts filed by the petitioner it is clear that he has cleared all his energy charges. It is also seen from the bill for the month of December’ 2020 that, bill has been prepared on actual meter reading basis and the consumption has been shown as 146 units and the bill amount is Rs.962.93 paise, but a sum of Rs.64,016.81 paise has been claimed under the head “sundry adjustment” and the gross claim is shown as 64,980/-. Thus it is clear from the documents filed by the petitioner that there was no arrear against the petitioner in his consumer A/c maintained by the O.Ps. till the month of November’ 2020. Even though the O.P.s appeared through their Advocate, they did not challenge the allegations brought against them in any manner nor could explain how this amount crept into the bill of the petitioner.
- It is the settled principles of law that, where the O.Ps. appear, but did not raise any objection by way of not filing of the written-statement, it is deemed that the O.Ps. have admitted the allegations made against them.
- It is crystal clear from the discussions made in the preceding paragraphs that, the O.Ps have issued an in-correct bill to the petitioner and even after receipt of notice from this Commission, they have not yet rectified the error and are therefore liable for causing deficiency in service and harassment to the petitioner and are liable to compensate the petitioner for the harassment caused to him and for dragging him to a unnecessary litigation and hence the order.
ORDER
The complaint petition is allowed on contest against the O.Ps.The O.Ps. are directed to delete a sum of Rs.64,016.81 paise from the energy bill of the petitioner for the month of January’ 2021 and issue a fresh and correct bill to the petitioner after deducting this amount and revising all the subsequent bills issued after January’ 2021. The O.Ps are further directed to pay compensation of Rs.20,000/- towards deficiency in service and harassment caused to him and a sum of Rs.5,000/- towards cost of litigation. The order is to be complied within 30 days of receipt of this order, failing which interest @ 10% shall be charged on the Opposite Parties.
I Agree
(Mr. Sudhakar Senapothi) ( Mr. P.C.Mishra)
MEMBER PRESIDENT
Pronounced in the open Commissioner today on this 25th day of October 2022 in the presence of the parties.
MEMBER PRESIDENT
