DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.22 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Surya Narayan Sabat, aged- 42 years
S/O: Late Somanath Sabat At: P.W.D Colony,
Medical square, Phulbani PO/PS: Phulbani Town
Dist: Kandhamal (Working as junior clerk in the
Office of the superintending engineer (R&B) Circle,
Phulbani, Dist: Kandhamal ……………………….. Complainant.
Versus.
1. Executive Engineer, Southco
Phulbanielectrical Division, Phulbani
Po/PS:Phulbani Dist : Kandhamal
2. S.D.O, Southco, Phulbani Electrical Division,Phulbani
PO/Ps: Phulbani Dist: Kandhamal
3. Junior Engineer, southco, Phulbani
Electrical division, Phulbani
PO/PS: Phulbanbi Dist: Kandhamal. …………………………….. OPP. Parties.
For the Complainant: Self.
For the OPP. Parties: Sri H.Ch. Maharana, Advocate,Phulbani and his Associates.
Date of Order: 31-10-2017
O R D E R
The case of the Complainant in brief is that he was serving under the Executive Engineer, Balliguda(R&B) Division and deputed to the office of the Superintending Engineer(R&B) Circle, Phulbani in the year 2013. On 22-07-2013 the quarter No.3 situated at Nadikhandisahi was allotted to him by the Executive Engineer, (R&B) Phulbani Division. So, he occupied the said quarter
-2-
on 04-01-2014 and vacated the same on 24-03-2017. During his stay in the quarter, he used the energy connected to the said quarter vide New A/c No.292101390006 and old account No. 1005/E-195. He had deposited the electric bills supplied to him in the month February 2017 and the bill for the month of March till 23-03-2017 was not supplied to him by SOUTH CO. On 04-05-2017, he received a letter from the Executive Engineer (R&B), Phulbani Division that an arrear energy charges of Rs. 26,488/- is pending against Quarter No.3 which was occupied by him as intimated by the S.D.O, Electrical Sub- Division Phulbani. Accordingly he was directed to deposit the same and to submit the clearance certificate.
The further case of the Complainant is that he had not received any bill from the O. Ps regarding the arrear energy charges in any point of time since 04-01-2014. So, he approached the S.D.O, SOUTH CO for clarification, but he refused to entertain the matter. As the O.Ps are responsible for the unauthorized enhancement of the energy bill and illegally demanded the above amount from him through his higher authority , it amounts to gross negligence in their part and also amounts to deficiency in any service . Hence, this complaint is filed by the Complainant against the O.ps for a direction to the Opposite Parties to verify the energy bill of the quarter No.3 and not to demand Rs. 26,480/- after 3 years of his occupation. He is also claiming compensation of Rs. 20,000/- towards his harassment and mental agony caused due to negligence of the Opp. Parties and to grant Rs. 5,000/- towards cost of litigation.
The case of the O.Ps as per their joint version is that the previous occupant Sri Laxman Kumar Pradhan vacated the quarter after paying the final bill against final meter reading of 4012 units as on 18-05-2013. The Complainant occupied the said quarter after paying the security deposit and reconnection fees on 04-01-2014. But inadvertently the energy charge bill had been prepared for the month of February 2014 against 1301 units by taking previous reading as 3755 instead of 4012 units. However the same is revised and the bills had been issued to the Complainant till March 2015 on actual consumption basis. Thereafter the bills have been issued time to time taking the meter reading as per meter status. Against those bills the Complainant had deposited Rs.2,000/- on 04-07-2014 and Rs. 2,000/- on 11-09-2014 but remain silent though the bills have issued regularly. As per application of the Complainant and meter verification report of A.M,Phulbani ( Electrical), the energy charge bill has been prepared for an amount of Rs. 26,488/- on 24-03-2017 after adjusting of the security deposit amount and it is intimated to the Executive Engineer (R&B) ,Phulbani for intimation to the Complainant to deposit the said amount. Against above letter the Complainant had deposited Rs. 6,600/- on his own willing. As a part payment was made, the OP was unable to provide clearance certificate to the Complainant .The bills have been revised by the S.D.O and he advised the Complainant to deposit the same amount. So, there is no deficiency in service on the part of the O.P for which the Complaint be dismissed with cost.
We have heard the Complainant and the learned counsel appearing on behalf of the O.ps. We have gone through the complaint petition, the joint version filed by the O.Ps and the documents filed by both the parties in support of their case. It is submitted by the Complainant that no bills were supplied to him regarding the alleged arrear energy charges for Rs. 26,488/- in any point of time. The O.P never intimated to him regarding the adjustment of his security deposit. He had deposited Rs. 6600/- as per the bill for the month of February 2017 but not as per any letter. On verification of the bill dated.19-03-2017 it is seen that the energy charge was Rs. 6531/- for the month of February 2017. The Complainant had deposited Rs. 6600/- before the Opp. Parties on 29-06-2017 as reveals from the money receipt. So, the Complainant is to pay the energy charge for the month of
-3-
March 2017 till the date of his occupation i.e. 23-03-2017. The Opp. Parties have not issued any bill for the said period. The Opp. Parties adjusted the security deposit of the Complainant as reveals from their version. But they never intimated to the Complainant regarding the adjustment of the security deposit. The Opp. Parties admitted that the energy charge bill had been prepared for the month of February 2014 wrongly but the same was revised.
In the above circumstances we are not able to understand why the Opp. Parties prepared the energy bills on Average basis for months together. In the present case the demand of Rs.26, 488/- on 24-03-2017 after more than 3 years is completely illegal and improper in the eye of law.
It is well settled that the electrical authority is to visit the Consumer regularly and to check the meter and it is obligatory on their part to take the meter reading in every month. As per section 56(2) of electricity Act 2003, electricity charges can not be recovered for more than 2 years from the due date .In this case no bonafide reason is given by the OPP. Parties regarding the non- supply of electricity bill to the Complainant in the relevant period. The Complainant should not suffer due to mistake of the Opp. Parties. So, in our view this attitude is amounts to negligence and deficiency in service on the part of the Opp. Parties.
Accordingly the complaint filed by the Complainant is allowed on contest. The Opp. Parties are jointly and severally directed to issue the energy bill to the Complainant for the month of March 2017 ( from 01-03-2017 to 23-03-2017) after adjusting his security deposit and the excess amount if any paid for the month of February 2017.The Complainant shall deposit the excess amount if any against the said bill.
The Opp. Parties are further directed not to claim the amount of Rs. 26,488/- as intimated to the Executive Engineer, Phulbani (R&B) Division as the same claim is disputed and can not be sustained.
The Opp. Parties are directed to comply the above order and to issue the clearance certificate to the Complainant within 30 days from the date of receipt of this order. In case of failure the Complainant shall be entitled to get compensation of Rs. 5000/- from the Opp. Parties.
With the above direction the C.C is disposed -of. Supply free copy of this order to both the parties at an early date.
MEMBER `MEMBER PRESIDENT
