BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI.
C.C. No. 19 OF 2020
Present: Miss Sudhiralaxmi Pattnaik - President (I/c.).
Sri Purna Chandra Tripathy - Member.
Karamat Ali Khan, aged 51 years
S/O-Late Mohasin Khan
Director, AHIMSA.
Address:-At- Gudari Sahi
PO/PS- Gudari, Khajuripada.
Dist: kandhamal ……………….Complainant.
-Versus-
1. Executive Engineer, South Co.
Phulbani Electrical, Division, Phulbani.
Address: - At/Po/Ps- Town Phulbani.
Dist- Kandhamal.
2. The Sub-Divisional Officer, (Elect) South Co.
Phulbani Electrical, Division, Phulbani.
Address: - At/Po/Ps- Town Phulbani.
Dist- Kandhamal.
3. The Junior Manager, (Elect) South Co.
Khajuripada Section.
Address: - At/Po/Ps- Khajuripada.
Dist- Kandhamal. ……..….Opposite-Parties.
For the Complainant: Advocate Sri Rajib Kumar Pradhan, Phulbani.
For the Opp. Parties: Advocate Sri H.Ch Maharana.Phulbani.
Date of order:-19th March 2021
The case of the complainant is that the OPs issued a electricity bill for the month of December 2020 amounting of Rs 3,31,183/-with the due date for payment was 24/12/2020. On dated 08/12/2020 the OPs issued a letter bearing No- 46(4) stating there in that an amount of Rs 3,48,083/- only is the outstanding as on October 2020 and also stated to clear the dues within 15 days from the receipt of the notice , otherwise the power supply will be disconnected without any further intimation. Similarly the OP No- 2 issued another notice vide No- 847(3) dated 10/12/2020 to the complainant stating the same fact as earlier on dated 08/12/2020. According to the complainant all the bills and letters issued by the OPs in the name of Sri Mahasin Khan who is the father of the complainant who died on 26/02/2015. The deceased Mahasin Khan was the director of Ahimsa a voluntary organization. After the death of Mahasin Khan the complainant became the director of Ahimsa since 28/03/2015. After taking the charge of director the complainant requested the OPs to change the consumer name into his name instead of his father Mahasin Khan, but the OPs remained silent. The Consumer No- 292001080032 stands in the name of Director Ahimsa, being the director of the said organization, the complainant claimed him as the consumer of the OPs and he has been paying the electricity bills and availed the service of power supply. According to the complainant he had deposited Rs 50,000/- on dated 28/05/2020, Rs 100,000/- on dated 22/10/2020 and Rs 30,000/- on dated 30/11/2020 respectively before the OPs towards the electricity dues. The OPs issued a bill in the month of December 2020 was not properly calculated and also alleged that the deposited amount of Rs 1,80,000/- in the mentioned dates were not adjusted or deducted from the arrear amount . For that on dated 21/12/2020 the complainant submitted an application before the OP No- 1 with a request to allow suitable installments for payment of the arrear amount after the adjustment of the above deposited amount but the OP No- 1 did not take any steps for which the complainant suffered in both financially and mentally. The above act and conduct of the OPs clearly implies that there is deficiency in service and negligence on the part of the OPs. Hence the present complaint filed with certain reliefs (i) To direct the OPs to give a correct bill by adjusting the payment made by the complainant (ii) To direct the OPs to receive the current Electricity Bill in every month. (iii) To direct the OPs to receive the arrear amounts in suitable installments after submitting the rectified correct bill to the complainant. (iv) To grant compensation of Rs 20,000/- in favour of the complainant for the deficiency in service and negligence on the part of the OPs (v) To award Rs 5,000/- towards the cost of litigation (vi) To direct the OPs to waived out the D.P surcharge imposed against the complainant and claimed for other reliefs as deem fit . The complainant also filed 10 no’s of documents along with the complaint petition. Apart from the above complaint petition the complainant also filed another application under section 38(8) of C.P Act 2019 for interim relief. After gone through the detailed of the petition and the relevant documents, the case of the complainant admitted, we heard the learned advocate for the complainant in connection of the interim application and pleased to allow the interim application and accordingly on 23/12/2020 the interim order passed in favour of the complainant with direction to the OPs not to disconnect the power supply of the complainant, further direct the OPs to appear and filling of version and objection if any. After received the order, the OPs appeared and filed the written version along with a counter against the petition U/s 38(8) of CP Act 2019. The OPs challenge the maintainability of the case and claimed for dismissal of the complaint on the ground that the complainant is not a consumer as per the definition of consumer, apart from that mentioned that the impugned order passed in C.C No- 27/2017 is set aside by the Hon’ble State C.D.R, Commission vide F.A No- 189/2018 with an observation that the complainant does not qualify as the Consumer. Thereafter the complainant filed his evidence in shape of affidavit along with a Extract copy of Governing Body Meeting No- 94 dated 28/03/2015 of the organization “ Ahimsa “ where the Governing Body selected the complainant as the Director , on the other hand we have gone through the documents placed on record and found that on dated 08/12/2020 & on dated 10/12/2020 the Op No- 1 & 2 sent disconnection notice under section 56(1) of Electricity Act 2003 and demanding an amount of Rs 3,48,083/- from the complainant towards arrear dues as on October 2020 within 15 days from the date of receipt of the letter or else the power supply will be disconnected without further intimation. So from the forgoing discussion it is well established that the complainant being the director of Ahimsa can be treated as consumer U/s 7 (ii) of C.P Act 2019 the complainant avails the service on payment from the OPs and the complainant is a beneficiary of such service and the service availed with the approval . Hence the complainant is a consumer under the OPs. The complainant allegation is that he has paid Rs 1,80,000/- on three different dates with supported money receipts and prayed for direction to the OPs to adjust the deposited amount against the arrear amount , the OPs remained silent in this regard not disputed the same at any point of time except the complainant is not a consumer . Hence order
O R D E R
The case of the complainant is allowed against the OPs without cost. Therefore the OPs are hereby directed to prepare a fresh bill after deduction of the deposited amount of Rs 1, 80,000/-against the consumer No- 292001080032 till this date, further directed not to charge any additional charges upon the complainant, apart from it is directed to the complainant to pay the outstanding electricity dues in six equal installments along with the monthly bill regularly. Both the parties directed to comply this order. In the event of non compliance of this order either or party shall at a liberty to proceed in accordance with the law. Hence the interim order stands vacated.
Accordingly the C.C disposed off. Supply free copy of this order to the respective parties.
Order pronounced in the open court on this 19th day of March 2021.
MEMBER PRESIDENT
