Date of filing :- 06/01/2014.

Date of Order :-14/10/2015.

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Execution Application No.01 of 2014

Consumer Complaint No. 47 of 2012

Judhistir Sahu, aged about 33(thirty three) years, son of Late Pramod Kumar Sahu, resident of village Bandhapali, Po. Bandhapali, Ps. Barpali, Dist:- Bargarh.(Pramod Kumar Sahu the Complainant in CC No. 42/2012, having died in the meantime, is substituted by his son)

..... ..... .....Complainant/DHR.

- V e r s u s -

(1) WESCO, Bargarh Electrical Division, Bargarh, Po/Ps/Dist. Bargarh, represented through The Executive Engineer, At/Po/Ps/Dist. Bargarh.

(2) The S.D.O., Electrical, WESCO, Barpali, Po/Ps:- Barpali, Dist. Bargarh.

...... ...... .....Opposite Parties/JDRs.

Counsel for the Parties:-

For the Complainant:- Sri D.Mishra, Advocate with other advocates.

For the Opposite Parties :- Sri K.Padhan, Advocate with other Advocates.

-: P R E S E N T :-

Mrs Anjali Behera ..... ..... ..... ..... ..... ..... ..... Member (w), I/C President.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... ..... M e m b e r.

Dt. 14/10/2015. -: J U D G E M E N T :-

Presented by Smt. A.Behera, Member(w), I/C President .

Brief :-

This execution application arises cut of CC/47/2012 in which the Forum allowing the petition directed the Opposite Party/JDRs to regularize the electricity supply exempting of paying rental since July-2012 till the date of supply of electricity and also payment of Rs.10,000/-(Rupees ten thousand)only as compensation.

Execution petition been accepted on Dt.15/01/2014, Notices were issued to the Opposite Parties/JDR along with the copy of the petition filed by the DHR for appearance and filing of their version on the issue. Opposite Party/JDR appeared through advocates on 24^th March 2014 and appraised the Forum about an appeal has been preferred by them on CC/47/2012 vide FA/646/2013 and prayed for staying this case till the disposal of the appeal Opposite Party /JDR filed copy of the stay order granted on Dt.20/08/2014 further movement has been stayed.

On Dt.01/12/2014 the FA/646/2013 got disposed and DHR files a copy of that order on Dt.23/12/2015 for perusal and action. On perusal it is found that superior Forum has remanded the the case to its original jurisdiction for fresh disposal and gave only one chance to the Opposite Party/JDR to file their version appearing firmly on Dt. 29/12/2014 and also directed to dispose the case as expeditiously as possible. Further the Superior Forum also directed for payment of Rs.3,000/-(Rupees three thousand)only by the Opposite Party /JDR so to file their version and participate in the hearing afresh old CC case set aside.

Opposite Party/JDR paid the above said amount of Rs.3,000/-(Rupees three thousand)only on Dt.29/12/2014 and sought for a copy of the Complainant petition of the original in CC case. But as the record was with the Superior Forum at that time certified copy could not be made on the date and Opposite Party/JDR assured to get one. When record arrives Opposite Party/JDR not approached the DHR for suppling of the same complaint petition non sought any direction to the effect to get a copy either later on Dt.14/01/2014 makes request to direct the DHR for a copy of the original complaint petition CC/47/2012 which was supplied to the JDR on Dt.15/01/2014 as per memo filed on Dt.03/02/2015. Though it was directed by the Superior Forum to complete the fresh hearing quick in absence of the original case record case could not proceed.

The old case record of CC/47/2012 received back by the D.C.D.R.F., Bargarh on Dt.28/07/2015 and case was posted for fresh hearing. It was found that even though the OP/JDR got a copy of the original complaint petition of the CC/47/2012 did not field their fresh version on the allegations made against them and avoided appearance after 23/02/2015. As sufficient time has been passed awaiting the case record and Forum allowed prayer of the OP/JDR many times no further delay could be made and under the circumstances Forum. Heard the matter ex-parte in the presence of Complainant only. However the OP/JDR were given their final chance even to file their say as written argument which was not done.

The old case record of CC/47/2012 tagged to this EA/01/2012 for fresh disposal as its original status.

Fresh finding on CC/47/2012.

After hearing the submission of the DHR/Complainant in detail, processing the petitions filed, documents relied upon Forum finds the following points which directs to decision in the case.

1. Complainant established 10HP Rice Haller at village Bandhapali Ps. Barpali Dt, Bargarh for self employment and earning of livelihood as contended by the Complainant. In absence of the OP(s) and any documents contrary to this statement contention of the Complainant allowed.

2. The electricity connection is admitted fact and documents wise proved and so also the existing relation between the parties.

3. Complainant contended of paying regular electricity bills till July-2012, Complainant filed a money receipt for Rs.650/-(Rupees six hundred fifty)only Dt.31/08/2012 and a bill for the month of july to prove this submission. The bill some has as marked the load 10 50HP as the load.

4. Complainant files a copy of the agreement of electricity supply agreed upon between the parties for 10HP Rice haller.

5. On Dt.10/07/2012 the transformer at village Bandhapali got burnt and power supply to the village including the rice haller in issue got stopped. Later when the transformer was reinstalled of 10 kvs capacity the connection tot he rice haller did not enabled and Opposite Parties denied all request of the Complainant for electric supply to his rice haller.

6. Complainant sent a pleader notice to the Opposite Parties on Dt.05/12/2012 for his grievance redressal but no response appeared from the Opposite Parties.

7. Under the circumstances Complainant got harassed pecuniarily and mentally, lost earning of livelihood and hence prays for compensation of Rs.50,000/-(Rupees fifty thousand)only for loss of earning, Rs.20,000/-(Rupees twenty thousand)only for harassment and Rs.5,000/-(Rupees five thousand)only for litigation expenses.

8. The Original bill copy speaks about a agreed load of 8 KW no any document filed for enhancement of the load of 10HP etc. neither any document about disconnection and in absence of Opposite Party/JDR whether power supply is continuous on not is indeterminable as Opposite Party/JDR refrained from appearance in the old case as well as during the execution case many points stays undetermined and many facts undiscovered and unanswered questions.

   But the fact that there was an agreement of power supply is there and Complainant right fully entitled for power supply on payment of the tariffs applicable time to time further as per applicable electrical laws the supplying agency can not deny supply of electricity when applied which it self is a violation of Electricity Act-2003.

9. The careless attitude of the Opposite Parties/JDRs shows the careless and rude and ruthless attitude of the same which goes not adhering to its own laws and principles making consumers vulnerable to multiplicity of problem for action/non action of the Opposite Party/JDRs.

10. Complainant's contention about the loss of earning is not strictly proved hence not accepted in absence of concrete prof about whether this was the sole income stream and Complainant had no other source of income loss of an income stream from this source can not be denied.

11. Under the circumstance the Opposite Parties/ JDRs are liable of deficiency of services violeting their our available set of lows relating to supply of electricity.

     

O R D E R

Opposite Party /JDRs in EA/01/2014 and CC/47/2012 are hereby directed to take steps to regularize the power supply to the Complainants rice haller in issue, performing the paper work required within one month, pay a fine of Rs.5,000/-(Rupees five thousand)only to the Complainant if complied within one month after completion of one month with out sufficient reasons and after that this amount increases @ 2000/-(Rupees two thousand)only for each delayed month till regularization of power supply.

Further Opposite Parties /JDRs are directed to pay Rs.5,000/-(Rupees five thousand)only as compensation which includes litigation expenses within an month failing which this compensation amount carries 10% interest P.A. till final payment.

Case closed.

Disposed accordingly.

Typed to my dictation

and corrected by me.

     (Smt.Anjali Behera)

        M e m b e r(w),

           I/C President.

                                                                                                                                    I agree,

                                                                                                                   ( Sri Pradeep Kumar Dash ) 

                                                                                                                                   M e m b e r.