DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 9th day of October, 2020
C.D Case No. 39 of 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Jayanti Rout
W/o Nabakishore Rout
Vill: Apartibindha,
Po/Ps: Bhadrak,
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
1. Executive Engineer, Electrical NESCO Utility, Bhadrak (North Division)
At: By-pass,
Po/Ps/Dist: Bhadrak, Pin- 756100
2. Sub-Divisional Officer, Electrical Supply, Sub-Division-I
At: Power House, By-pass,
Po/Ps/Dist: Bhadrak
3. Junior Manager Electrical, Tahasil Section
At: Apartibindha,
Po/Ps/Dist: Bhadark
……………………..Opp. Parties
Counsel For Complainant: Sri N. Sahu, Adv & Others
Counsel For the O.Ps: Smt. G. Pradhan, Dy Manager (Legal) NESCO
Date of hearing: 04.03.2020
Date of order: 09.10.2020
RAGHUNATH KAR, PRESIDENT
This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the case as narrated in the complaint are to the effect that the complainant is a consumer under the O.Ps bearing Consumer No. 4211-0326-0247. The O.Ps has prepared average bills on the complainant who is a domestic consumer in the month of November 2012. When the matter came to the knowledge of the complainant he enquired the matter to the OP No.3. The OP No.3 advised to the complainant to install a new meter because the old one had gone out of order, so the meter was showing excess units of consumption. The complainant purchased a new meter bearing No.OE872394 and submitted the same in the office of the OP No. 3. The later advised to the complainant to deposit RS 200/- for installation fees. The complainant also deposited the said amount in the office of the OP No. 3. In spite of requests made by the complainant for several times to the OP No. 3, to install the meter but he became heedless towards the complainant. Still the meter could not be installed by the OP No. 3 in the dwelling house of the complainant. When the OP No.3 became aware of this matter he came to the house of the complainant along with the OP No. 3 and installed a new meter there bearing No. NES06582 in the month of September, 2013. Both the aforesaid O.Ps managed to take some signatures of the complainant on some blank papers and some printed forms also. When the complainant was issued the bill of Electric dues, the complainant found that she was imposed heavy amount. The complainant has aggrieved that the said bill is a vague, imaginary one. Such bill was prepared without meter reading. The complainant submitted written representation before the OP No. 2 requesting him to rectify the same. The bill was showing there was arrear of RS 1,400,510 till Dt. 05-01-2018. The O.Ps had imposed average bills from 2012 to Dt. 17-04-2018. The complainant submitted representations twice on Dt. 11-07-2016 and 31-01-17 to rectify the erroneous bill. The O.Ps became heedless, and did not take any step with regard to the representation, rather the OP No. 1 served disconnection notice upon the complainant on Dt. 08-03-2018. The complainant being apprehending of disconnection of power supply to her dwelling house and deposited Rs 10,000/- on Dt. 25-03-2018. The O.Ps also claimed upon the complainant to pay the rest arrear dues within one month. The complainant also submitted written representations to rectify the bills according to meter reading before the O.Ps, but they did not consider the same. Being aggrieved with the deficiency of service and illegal trade practice the complainant has been compelled to take shelter under this Commission. The cause of action of this case arose on Dt. 12/04/2018.
Hence the complainant has sought for the following reliefs -:
- To revise the bills according to take average amount of previous consecutive 3 months Electricity dues.
2. The O.Ps be directed to pay the amount Rs 15,000/- towards the mental agony, harassment and cost of the litigation.
List of the document filed on behalf of complainant-:
- Meter purchased Receipt and tested certificate Dt. 21-03-2013-2 sheets
- Money Receipt dated 25.03.2013-1 sheet
- Application Dt. 11-07-2016- 1 sheet
- Application Dt. 31-01-2017- 1 sheet
- Money receipt issued by the O.Ps from June 2016 to February 2018- 1sheet
- Money receipt Dt. 16-03-2018- 1 sheet
- Disconnection notice Dt. 08-03-2018- 1 sheet
8. Money receipt Dt. 25-03-2018- 1 sheet
On the other hand the O.Ps have filed that written version as follows –
The O.Ps have challenged the maintainability of this complaint in the present Commission. They have also raised the question of cause of action and denied the averments made by the complainant made in the complaint such as-“the staff of the O.Ps without reading the meter imposed average imaginary bills on the complainant, on Dt. 25-03-2013 the complainant paid the installation fees and in spite of several request made by the complainant. The OP No. 2 and 3 installed a new meter on September 2013 and took some signatures on printed forms and blank papers, the O.Ps imposed average imaginary bills without any basis and they did not listen anything in spite of repeated request made by the complainant. He submitted written representation before the OP No. 2 but he did not take any step to rectify the fault, they imposed average bills from 2012 to the date of filing of this complaint. Besides this the complainant requested several times for correction of bills before the O.Ps on Dt. 11-07-2016 and 31-01-2017, but no result was obtained by the complainant. Being threatened by the O.Ps for disconnection of power supply to the dwelling house on Dt. 12-04-2018 of the complainant, she deposited RS.10000/- on Dt. 25-03-2018, the O.Ps received the same, again they threatened to the complainant to pay the entire arrears otherwise the power supply would be disconnected, which caused deficiency of service, dishonest trade practice, mental agony and harassment.
The fact of the written version is that, the complainant is consumer of electricity vide Consumer No. BT-61412(421103260247). From December 2001 to May 2013, as her meter was not working, as per load factor basis 144 units per month were charged upon the complainant though she is actually consuming more. After spot verification on dated on Dt. 06-06-2013 the load was enhanced from 1 K.W to 5 K.W in the month of June 2013 without charging any penalty amount. Therefore, from June 2013 to November 2013, the bills were charged @ 720 units per month on load factor basis. That in the meanwhile, on Dt.25-03-2013, the complainant deposited meter testing fees of Rs 200.00/-And not as meter installation fees as she alleged. Subsequently, on Dt. 04-12-2013, one new meter was installed with initial reading zero. In the month of November 2014 the final reading was 8526. So, monthly average consumption comes to 490 units taking into consideration of consumption of three months and 711 units taking one year consumption. That, though the bills were served @ 144 units per month from December 2001 to march 2013, as per rules after taking the average consumption of the new meter the bills would have to be revised on upward direction. As per consumer request on Dt. 03-08-2017, the bills were revised and finalized amicably @ 720 units per months from February 2013 to may 2013. Accordingly provisional load factor bill from December 2014 to May 2016 were also revised. That, in the meanwhile on Dt. 16-06-2017 the complainant has paid RS. 10.000/- VIDE Mr No. AT3255/650876 and Rs 10.000/- on dt. 31.07.2017 vide MR No. AR0230/045856 and the same has been deducted from her arrear dues. After revision the revised amount of RS. 48152.00 was also withdrawn/deducted in the billing month of August 2017. In spite of revision, there is a huge outstanding lies against the petitioner, which can be perused from the billing statement (Annexure A) of the petitioner. That, in order to avoid the payment of the huge arrear amount, the complainant has filed such a frivolous and false case averring certain bald allegation without any basis. So, the O.Ps have not committed any deficiency in service or unfair trade practice to the petitioner. So, the petitioner is not entitled for any relief as she prayed for.
Hence, the O.Ps have prayed for the dismissal of this proceeding.
List of the documents filed by the O.Ps -:
- Billing statement of the complaint till date.
- Letter of CMD GRIDCO. Dt. 07.02.2020
OBSERVATION
We have perused the averments made in the complaint and the W/V as well as the Xerox copy of the documents filed by both the parties, we have observed that no doubt she is a consumer and she has got every right liberty to file this complaint in this commission. She has paid electricity bill for the month of March on Dt.25.03.2018. The money receipt vide No. 599324 filed by the complainant shows that, he has paid the monthly electricity bill RS. 200.00/- only. The complainant has also paid Rs 5000.00/- on Dt. 16.03.2018 and RS. 10000.00/- on Dt. 25.03.2018. The complainant has also filed a Xerox copy of chronological record of the payment made by the complainant to the O.Ps. The complainant has paid the dues from the month of June 2016 to the month of February 2018. The total amount which has been paid by the complainant to the O.Ps which is RS. 59,569/- (RS. 59,569/-).If the complainant has paid such amount towards electricity dues from the month of June 2016 to February 2018. The complainant has filed Nine No.’s of money receipts by dtd. 25.03.2018, 24.11.2018, 31.08.2018, 31.07.2018, 31.05.2018, 30.04.2018 vide receipt No. PT180650341850 and dt. 31.05.2018 vide receipt No. PT180550303224, 30.04.2018, 31.10.2018. It is evident that the complainant had been paying the dues regularly. We have held that due to wrong calculation made by the O.Ps in the consumer No. of complainant the arrear amount has been increased, which caused deficiency of service towards the complainant. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part. The O.Ps are hereby by directed to revise the arrear bill of the complainant taking average amount of consecutive previous three months bill of the complainant. The complainant is hereby directed also to deposit her electric dues regularly onwards also, without cost and compensation.
This order is pronounced in the open Forum on this day of 9th October, 2020 under my hand and seal of the Forum.
