The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer (NESCO), Balasore, O.P No.2 is the S.D.O, Balasore Electric Sub-Division, Balasore and O.P No.3 is the Section Officer, Electrical Section, NESCO, Balasore.
2. The case of the Complainant in brief is that the Complainant is the wife of deceased domestic Consumer Nalini Kanta Jena, whose Consumer number is 321203011187 under the O.Ps and was paying her monthly electric bills regularly to the O.Ps. The Complainant was astonished to learn that an amount of Rs.28,777/- (Rupees Twenty eight thousand seven hundred seventy seven) only is reflected as an arrear in the bill of December-2011. So, the Complainant approached the O.Ps and the O.Ps told the Complainant to pay Rs.19,280/- (Rupees Nineteen thousand two hundred eighty) only with a rebate of Rs.9,505/- (Rupees Nine thousand five hundred five) only out of the total outstanding arrear of Rs.28,777/- (Rupees Twenty eight thousand seven hundred seventy seven) only and accordingly, the Complainant has paid Rs.16,000/- (Rupees Sixteen thousand) only on 31.08.2013. But, the bill for the month of February-2014 reflected that an amount of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only still remains outstanding against the Complainant inclusive of the monthly bills. So, the Complainant applied before the O.Ps on 01.03.2014 for correction of bills, but no bill was issued for the month of March-2014 in favour of the Complainant. The O.Ps disconnected the energy supply to the premises of the Complainant on 01.04.2014, which amounts to deficiency of service on the part of the O.Ps. The Complainant undertakes to pay the arrear amount of Rs.3,505/- (Rupees Three thousand five hundred five) only including monthly energy bills of February-2014 and prayed for waiving out the arbitrary bill of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability. The O.Ps have submitted that at the time of checking in presence of the Consumer, they have found T.P box seal was broken and the Complainant did not allow to rectify the defects in the meter. But, meter should be changed after further verification by the Police officials and also the meter to be shifted outside of the house of the Complainant. So, penal bill was imposed by the O.Ps. The O.Ps have further submitted that the son of the Complainant filed an undertaking on 03.04.2014 before the O.Ps that the undisputed arrear amount of Rs.12,288/- (Rupees Twelve thousand two hundred eighty eight) only will be paid by the Complainant and on that day, deposited Rs.2,000/- (Rupees Two thousand) only and rest amount will be paid in five installments with the current electric bill. Now the electric line is continuing to the premises of the Complainant and also current electric bills are receiving by the O.Ps, but the outstanding amount of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only has not been paid till yet by the Complainant. So, the case of the Complainant is liable to be dismissed.
4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-
(i) Whether this Consumer case is maintainable as per Law ?
(ii) To what relief the Complainant is entitled for ?
5. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any documents in their support. Perused the documents filed. It has been argued on behalf of the Complainant that in the month of February-2014, an amount of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only still remains outstanding against her inclusive of the monthly bills. So, the Complainant approached the O.Ps on 01.03.2014 for correction of bills, but they did not pay any heed to it. The Complainant undertakes to pay the arrear amount of Rs.3,505/- (Rupees Three thousand five hundred five) only including monthly energy bills of February-2014 and prayed for waiving out the arbitrary bill of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only. During argument, the O.Ps have denied the plea of the Complainant. Further, the O.Ps have raised objection that the present Complainant is not a Consumer though her husband was a Consumer under them and the son of the Complainant has undertaken to pay the arrear amount of Rs.12,288/- (Rupees Twelve thousand two hundred eighty eight) only against the outstanding amount of Rs.22,241/- (Rupees Twenty two thousand two hundred forty one) only. So, when the Complainant is not a Consumer under the O.Ps, she has no locustandi to file the present case before the Consumer Forum claiming herself to be a Complainant. Section-2(1) (b) (v) of the C.P Act-1986 discloses that in case of death of a Consumer, his legal heir or representative, who or which makes a complaint. But, in this case, no legal heir certificate, no authorisation has been filed to show that the Complainant is the sole legal heir and representative of the deceased Consumer. From the case record, we found that her son is also alive.
6. So, in this complicated juncture, now on careful consideration of all the materials available in the case record and after hearing both the sides, this Forum come to the conclusion that when the Complainant is not a Consumer under the O.Ps, she has no locustandi to file this case alone, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without cost.
Pronounced in the open Forum on this day i.e. the 22nd day of May, 2018 given under my Signature & Seal of the Forum.
