DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO. 74 OF 2022

                                                                             Date of Filing: 17.11.2022

                  Date of Order: 08.05.2023

Smt. Santilata Panda,

W/O - Niranjan Panda

At-College Road, Near Settlement Office

PO/PS – Phulbani Town

District-Kandhamal                          …………………….. Complainant.

Versus.

1. Executive Engineer,

Electrical Division, TPSODL

     PO/PS- Phulbani Town

     District- Kandhamal.

2. The SDO,

Electrical Division, TPSODL

Po/PS- Phulbani Town

3. Junior  Engineer,

Electrical Division, TPSODL

     PO/PS- Phulbani Town

District- Kandhamal

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi          - Member.

For the Complainant:  Self

For O.P.                     : Expartee

JUDGEMENT

Mr. Purna Chandra Mishra, President.

          Complainant Santilata Panda has filed this case U/s 35 of CP Act-2019 alleging deficiency of service on the part of the Opposite Parties for providing her with erratic bills and not revising it in spite of repeated approaches and praying therein for direction to the Opposite Parties to waive out the arrear amount of the bills and not to disconnect power supply to the premises of the complainant till disposal of the case and to pay cost and compensation of Rs. 15, 000/-.

1. Brief fact leading to the case is that the complainant is a consumer of the Opposition Parties bearing consumer No. 12931001277. The complainant is availing a power supply for running a hotel to earn her livelihood which was looked after by her son and after the death of her son, is being looked upon by her daughter-in-law and bills are paid regularly. In the month of July-2022, the Opposition Parties issued a bill for Rs. 4730.02 dt. 16.08.2022 in which, the consumption of energy was shown as 629 units and the OP claimed a sum of Rs. 84,965.68p as arrear. The complainant deposited the current bill amount and wanted to know the arrear mentioned on the bill. She requested for correction of the bill. But on 09.11.2022, the arrear amount was reflected as Rs. 92,272.88p. On 16.11.2022, the Opposite Parties No. 2 and 3 went to the house of the complainant and claimed the entire amount and threatened to disconnect the power supply within 7 days unless the entire amount is paid in full. They did not listen to the grievance of the petitioner for which she has taken shelter of this Commission for the reliefs as in preceding paragraphs.
2. Notice was duly served ion all the Opposite Parties. The OP No. 2 appeared in person and the OP No. 1 and 3 did not appear. None of the OPs filed their written statement.
3. It is settled principle of law that where the Opposite Parties do not raise any objection and challenge the allegations raised against them, it is deemed to have been admitted by them. In the instant case, even after service of notice on them, they preferred not to appear and the only OP No. 2 who appeared did not file any written version nor participated in the hearing. So, it is deemed that the Opposite Parties have no objection to raise on the allegations of the complainant.
4. As the Opposition Parties did not challenge the allegations raised against them, we have no other option but to allow the complaint petition. It is seen from the energy bills filed by the complainant that the amounts have been entered as arrear in the bill for the month of July and October-2022. It is seen from the energy bill of the complainant, she was not having any arrear till June-2022. Entry of arrears has been done in a very careless and casual manner which amounts to unfair trade practice and non-rectification thereof amounts to deficiency in service and the threaten to disconnect the power supply without considering the grievance is a clean case of harassment.
5. As a case of deficiency in service, unfair trade practice and harassment is  made out against the Opposite Parties, they are liable to compensate the petitioner for the loss and harassment suffered by her and hence the order.

O R D E R

          The complaint petition is allowed on contest against OP No. 2 and expartee against OP No. 1 and 2. The OPs are directed to delete a sum of Rs. 84,965.68p which has been claimed under the head “arrear” in the energy bill for the month of July-2022 and to revise all subsequent bills accordingly. The Opposition Parties are further directed to pay a sum of Rs. 10,000/- (ten thousand) towards compensation for deficiency in service, unfair trade practice and harassment and a sum of Rs. 5,000/- (five thousand) towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order failing which the order as to cost and compensation shall carry interest @ 12% per annum from the date of order till its compliance. It is further directed that the Opposite Parties shall not disconnect power supply to the shop of the complainant on the basis of this claim so long as the revised bill is not supplied to him.

                                                         Computerized & corrected by me.

         I Agree

     MEMBER                                                       PRESIDENT

Pronounced in the open Commission today on this 8^th May of 2023 in the presence of the parties.  

     MEMBER                                                       PRESIDENT