DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 19th day of March, 2018
C.D Case No. 108 of 2015
Sri Kusha Dhal
S/o Late Narayan Dhal
At: Randia
Ps: Bhadrak (R)
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer (Electrical), Bhadrak
North Electrical Division, NESCO Utility
At/Po/Ps/Dist: Bhadrak
2. J.E, Electrical
Tahasil Road Office, NESCO Utility
At/Po/Ps/Dist: Bhadrak
…………………………..Opp. Parties
For the Complainant: Sri B. Sahoo (B) & Others
For the O.Ps: Sri D. Nayak & Others
Date of hearing: 16.10.2017
Date of order: 19.03.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against him. That the complainant is a domestic supply electricity consumer bearing consumer account No- BT-70924 to his residential premises for a contract demand of 1 kw under the opposite parties. The opposite parties are the office bearers as well as engineer of the DISCOM presently known as NESCO utility for supply of electricity according to procedure under OERC distribution (condition of supply) code, 2004. The complainant had taken electricity supply connection to his residential premises at Randia upon execution of standard agreement with the NESCO and after electrification the consumer used to pay the demanded charges of electricity consumption and as such the complainant becomes a consumer within the definition under provision of consumer protection Act.
The complainant has also alleged that the O.Ps were preparing bills wrongly and capriciously of the complainant without taking proper meter reading and the complainant has been paying the bills in the shape of money receipts. The O.Ps have failed to supply a standard energy meter and they are by exploiting the complainant by collecting illegal electricity dues by taking various false pleas and were threatening for disconnection of supply the energy charges time to time, on the other hand the poor complainant failed to satisfy the illegal demand of the O.Ps. The initial supply of electricity to the premises of complainant was given within the terms of agreement with the Discom wherein the consumer elected to hire the rent of the meter and subsequently the meter rent was paid to the supply company and the same agreement is in force till date. According to the terms of agreement and in pursuance with provision of regulation of OERC distribution (condition of supply) code, 2004 the OP is bound to supply a standard correct meter to its consumer if there finds any defect therein. In this case of the complainant the supply company of O.Ps has never bothered to hear for replacement of the so called defunct meter and as such issuing the bills showing the same as actual. There is negligence from the side of the supply company for issuing the bills according to actual meter reading and the supply company has violated the terms of agreement. It is found that according to one time settlement scheme of the opposite parties in the year, 2012 the complainant had cleared up the arrear bills but the cleared amount of bills are not reflected in the subsequent bills and the arrear has not been adjusted. It is found from the bills that it is very less consumption at the time of summer season in comparison of the bills of 882 units in Jan, Feb- 2015 amounting Rs 4610/-, of 529 units in December, January- 2014 amounting to Rs 2528/- of 338 units in Nov, Dec- 2014 amounting to Rs 1405/-. So the above particulars of the meter reading there is abnormality in meter reading. In respect of regular payment barred by the complainant the OP issued such illegal demand of bills on 10.08.2015. The O.Ps on 10.08.2015 without correcting the same bill and without the replacing meter rushed to the premises of complainant in his absence and cut away the service wire by disconnecting the supply on dt. 03.10.2015 at about 1 PM. The self same disconnection is illegal as there is no disconnection notice and cutting the service wire in an act of mischief by the opposite parties. There after the complainant has informed about the illegal act of their staff to the O.Ps but there is no effect till now. Since it is the month of puja festival, the complainant is suffering due to non-supply of electricity.
The cause of action of this case arose on 03.10.2015 when the O.Ps threatened the complainant to disconnect the electricity supply to his premise.
The complainant has sought for the following reliefs-
1. The O.Ps be directed to reconnect the electricity connection.
2. The O.Ps be directed to O.Ps to replace the defunct meter, as well as to rectify the bills.
3. The O.Ps may be directed to pay Rs 50,000/- towards the compensation of damage service and wire, as well as mental agony and harassment and cost of the litigation.
The complainant has filed the following documents (Xerox copies)-
1. Electricity bills Vide dt. 23.09.2015, 23.08.2015, 23.05.2015, 22.04.2015, 20.03.2015, 23.02.2015, 24.01.2015, 20.12.2014, 18.11.2014, 19.10.2014 and 26.09.2014- 11 numbers.
2. Money receipts Vide dt. 06.06.2012- (2 sheets), 02.07.2015, 07.01.2015, 24.10.2014, 11.08.2014, 30.11.2014, 23.06.2014, 27.02.2015- (8 sheets) total.
3. Installation report.
4. Representation dt. 04.10.2015 & 10.08.2015 with postal receipts (3 sheets).
5. No dues certificate up to May, 2012- 1 sheet.
6. Disconnection notice on 31.08.2016- 1 sheet.
7. Money receipt number 163686 dt. 13.09.2016- 1 sheet.
8. Money receipt number AN- 160980026004 dt. 02.09.2016- 1 sheet.
9. Money receipt number CN- 151090078710 dt. 15.10.2015- 1 sheet.
The O.Ps have not filed any written version on behalf of them to make counter to the allegations of the complainant as well as they have filed no relevant document to defend the complainant and to support their stands. In spite of granting several time petitions of the O.Ps by the Forum, and in spite of last chance was granted for filing the written version but the O.Ps became heedless towards the direction of the this Forum. Hence the O.Ps have been set ex-parte due to non filing of written version on 16.11.2016.
OBSERVATIONS
We have already perused the complaint and the documents filed by the complainant but the O.Ps have neither filed the written version nor the documents on behalf of them. The documents filed by the complainant reveal that he had been paying the electricity dues since the year, 2012 to 2015 regularly. The complainant is a consumer under the O.Ps Vide No- BT-70942 to his residential premises for a contract demand of 1 kw. The complainant has alleged that the O.Ps have used to neglect the complainant in supplying a stander energy meter and there by exploit the complainant by collecting illegal amount various please as well as they used to threatened to complainant for disconnection. The initial supply of electricity to the premises of complainant was given within the terms of agreement with the Discom wherein the consumer elected to hire the rent of the meter and subsequently the meter rent was paid there to the supply company and the self same agreements is in force till the date of initiation of this case. According to the terms of agreement and in pursuance with provisions of regulation of OERC distribution (condition of supply) code, 2004 the O.Ps are bound to supply a standard correct meter to its consumer if there finds any defects therein. In this case of the complainant the supply company of O.Ps have never bothered to here for replacement of the so called defunct meter and as such issuing bills showing the same as actual. There is negligence from the side of the supply company for issuing bills according to actual meter reading and the supply company has been violated the terms of agreement.
According to the bills particulars as well as consumption of electricity by the complainant, it is submitted that according to one time settlement scheme of the opposite parties in the year 2012, the complainant had cleared up the arrear bills but the cleared amount of bills are not reflected in the forthcoming bills for which the present particulars of bills show that portion of cleared amount as arrear which has not been adjusted. So far as the consumption of the complainant it is seen from the bills that it is very less consumption in the time of summer season in comparison with the bills of 882 units in Jan-Feb-2015 amounting Rs 4,610/-, of 529 units in Dec-Jan-2014 amounting Rs 2,528/-, of 338 units in Nov-Dec-2014 amounting Rs 1,405/-, in. So the above particulars of meter reading shows there is abnormality in meter reading for which there needs testing of accuracy of the reading with a tested meter. Though the bill particulars supplied by the opposite parties shows the consumption is on actual basis it is not actual because the meter is a defunct one. If a prudent people assess the consumption of three CFL light and 3 fans it cannot be imagine the bills are such a huge limit. However the consumption of the complainant is no more 100 units per month and the calculation of the opposite party is imaginary and also wrong one. Despite regular payment made by the complainant the opposite party issued such demand of bills. When the meter was objected and requested for correction and replacement of a correct meter by shape of a written complaint through Regd. post on dt. 10.08.2015, the opposite party without correcting the same and without replacing the defunct meter rushed to the premises of complainant in his absence and cut away the service wire by disconnecting the supply on dt. 03.10.2015 at about 1 PM.
On 06.06.2012 the O.Ps have issued a no due certificate to the complainant in respect of electric connection. The complainant has also submitted the electricity bills and the money receipts which prove that irregularly pays the dues but inspite of that the O.Ps have issued a disconnection notice upon the complainant in the month of August- 2016. On the other hand the complainant has filed an interim petition in this Forum in which the order was passed on 15.09.2016. The O.Ps are so arrogant that they have paid no heed to order this Forum as well as they have failed to file their written version as well as their documents. Hence they have been set ex-parte as such the reliefs sought for the complainant as sustained. Hence it is ordered.
ORDER
The complaint be and the same is allowed the O.Ps on ex-parte. The O.Ps are here by directed to reconnect the supply, replace the defunct meter. They are also directed to rectify the bills which have been wrongly calculated. The O.Ps are further directed to carry out this order within 30 days on receipt of this same from this Forum.
This order is pronounced in the open Forum on this day of 19th March, 2018 under my hand and seal of the Forum.
