DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 9th day of December, 2019
C.D Case No. 29 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Kartik Chandra Nayak
S/o Late Ganesh Nayak
Vill: Mandarmala,
Po: Jayapur
Ps: Tihidi,
Dist: Bhadrak ……………………. Complainant
(Versus)
1. Executive Engineer, Electrical NESCO,
At/Po: Bhadrak,
Dist: Balasore
2. J.E, Electrical NESCO,
Tihidi Division, Tihidi,
Dist: Bhadrak
3. Junior Technician, Electrical NESCO,
Tihidi Division
Ps: Tihidi,
Dist: Bhadrak …………………………..Opp. Parties
Counsel For Complainant: Sri Umesh Chandra Jena, Adv & Others
Counsel For the O.Ps: Sri D. Nayak, Adv & Others
Date of hearing: 09.07.2018
Date of order: 09.12.2019
AFSARA BEGUM, MEMBER
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps that the complainant is a bonafied consumer of the O.Ps vide consumer No. TT-72133. He is also belonging to BPL Category vide BPL Card No. 342210. The complainant was granted the estimate vide No. 12 on dt. 12.05.2004 and deposited Rs 692/- towards estimate fess at NESCO office Tihidi on dt. 14.05.2004 vide receipt No. 389695 and subsequently he availed the electric connection to his dwelling house. The complainant is living in a thatched house having two rooms and once more kitchen with 1. OO K. W. load but it is a matter of regret that the OP No. 2 NESCO, Tihidi Division has not provided meter to the complainant’s house premises. Even if after making request several times to the OP No. 2 the O.Ps have not supplied a meter of 1. 00 K. W till yet so the complainant has been paying Rs 200/- as minimum charge. The complainant had paid Rs 6,392/- as per his present money receipts which is Annexure- 1. Besides this the complainant has paid Rs 200/- towards the month of January, 2017. In this way the complainant has been paying his electricity bill in every month. In spite of that the OP No. 3 the electricity connection of the complainant on 28.03.2017. The complainant submitted a grievance letter before the OP No. 2 to revise the bill but the OP No. 2 did not pay any heed to the grievance of the complainant the same letter is Annexure- 4. The O.Ps repudiated the grievance letter of the complainant but on the other hand the OP No. 2 lodged an FIR against the complainant with false allegations at Tihidi Police Station which has been already registered as Tihidi PS Case No. 106/17 and subsequently vide GR Case No. 636/17. That, such type of activities of the O.Ps arbitrarlly and capriciously for which the O.Ps No. 2 & 3 and jointly liable & responsible for damages and inconvenience and suffering cause by the O.Ps. So the excess bill amount which has been reflected is required to be revised since 2004 to till date installation of new meter towards inconvenience, distress, mental agony and harassment caused to the complainant which is required to be compensated in terms of money due to deficiency of service by the OP.
That the cause of action arose on 19.04.2017 when the OP No. 2 refused to revise the electricity bill within the territorial & pecuniary jurisdiction of this Forum.
The complainant ahs sought for the following reliefs.
1. Hence your complainant prays that an order may be passed directing the OP No. 2 to revised electric bill of the complainant and to restore the electric power connection immediately.
2. Adequate compensation of Rs 20,000/- may kindly be awarded to the complainant to mitigate the suffering for the deficiency in services and mental agony.
3. Cost of litigation of Rs 10,000/- be awarded to the complainant.
4. Any other relief which will be deem fit and proper may be awarded in favour of this complainant.
Documents filed by the complainant (Xerox copies).
1. Money receipts- 8 sheets.
2. Medical report- 3 sheets.
3. Representation to the OP No. 3- 3 sheets.
4. FIR vide GR No. 636/17- Annexure- 5- 1 sheet.
5. FIR- Annexure- 5- 1 sheet.
6. BPL Care- Annexure- 6- 1 sheet.
7. Job Card- Annexure- 7- 1 sheet.
8. Voter ID card of the complainant- Annexure- 8- 1 sheet.
9. Voter ID Card of the wife of complainant- 1 sheet.
On the other hand the O.Ps have appeared and filed their written version analogously as follows. The averments made in Para- 1 of the complaint is correct to the extent that the complainant is residing in the address mentioned in the complaint copy. But, the rest of the averments are not within the knowledge of the O.Ps. The averments made in Para- 2 is correct. The averments made in Para- 3 as narrated by the complainant is not correct and denied herewith and the complainant is required to strict proof of the same. It is pertinent to mention here that the complainant has availed power supply for I K. W load under domestic category after installation of meter No. 1725314 since 15th May 2004 and came into the billing folder an August 2004. Due to effect of meter the billing is done on average basis since August, 2008 to July, 2017 which is under the process of bill revision. The averments made in Para- 4 as narrated by the complainant is not correct and denied herewith. After deposit of the meter cost of Rs 1600/- vide money receipt No. 0616/123177 dt. 29.07.2017 one new digital meter Make L & T bearing serial No. NLT 018621 was installed in the same day in the premises of the consumer. After taking the average meter reading for 3 months the bill is under the process of bill revision and after bill revision and the revised bill will be reflected in the future bill of the consumer. Therefore, the case being devoid of any merit may be dismissed.
Documents relied upon the O.Ps.
1. Billing statement of the consumer- 4 sheets.
2. No other document filed by the O.Ps
OBSERVATION
We have already perused the complaint and written version filed by the complainant and the O.Ps as well as the documents filed by them. According to the written version filed by the O.Ps “due to defect of meter the billing is done on average basis since August 2008 to July 2017 which is under the process of bill revision”. After depositing of the meter cost Rs 1600/- vide money receipt No. 0616/123177 on dt. 29.07.2017 one new digital meter made L & T bearing serial No. 018621 was installed in the premises of the consumer. After taking the average meter reading for 3 months the bill is under the process of bill revision and after bill revision and the revised bill will be reflected in the future bill of the consumer. According to the prayer of the complainant the revision of electric bill was under process and the new meter has been installed by the O.Ps removing the old and defective meter. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part. The O.Ps are here by directed to restore the electric power connection to the premises of the complainant within 30 days on receipt of the copy of this order.
This order is pronounced in the open Forum on this day of 9th December, 2019 under my hand and seal of the Forum.
