SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of serving and demanding illegal arrear outstanding towards energy charges are the allegations arrayed against Ops.
2. The grievance of the complainant relates to demanding an illegal arrear outstandings of Rs.12,714/- by the Ops, after revision of billing, for which Ops are not entitled to claim the said amount. It is the case of the complainant that he was a domestic category of consumer under Ops bearing Old Consumer No..DKD-2117, which is subsequently converted to new A/C No.01240097. It is submitted that though the power supply was given in the name of the complainant as consumer, but as a fact the power supply given to the premises was recorded in the name of complainant’s deceased father Jagabandhu Parida, which correspondences to Plot No.381,Khata No.99,Mouza-Shysamsundarpur. It is also the case of the complainant that, no power supply is given to the said premises from dtd.28.02.1995 to dtd.04.02.08, when the complainant wanted to take a new connection against the new A/C No.01240097 cleared the arrear outstanding of Rs.2480/- against the old consumer No.DKD-2117. The said new connection was given to complainant on dtd.17.10.08 over Plaot No.378, Khata No.228, and the plot is recorded in the name of complainant, Madhusudan Khatua. It is the further case of the complainant that, after clearance of arrear outstanding of Rs.2480/- and on installation of new meter in the new A/C No.01240097, Ops illegally served an arrear outstandings of Rs.59,846/-, which was protested by the complainant and the said arrear outstandings were revised after protest and reduced to Rs.12,550/-. Complainant challenging such revised arrear amount lodged complaint before the Ops to rectify the arrear dues, but Ops paid a deaf ear to the grievance of the complainant. Complainant has also paid the energy dues in different dates starting from dtd.10.03.2011 to dtd.29.10.2015. The present complaint is filed before this Forum with prayer that to declare the disconnection notice dtd.09.02.15 as illegal and seeks a direction to Ops to waive the arrear oustandings of Rs.12,550/-.
3. Being noticed Ops appeared through their Ld. Counsel Mr. P.K.Samal and Associates filed joint written statement stating that, power supply was given to complainant bearing Consumer No.01240097 under domestic category and an amount of Rs.12,808/- is pending as arrear oustandings upto Nov.2016. It is averred in the written statement that, complainant before filing of the present complaint, knocked the door of the Girevance Redressal Forum,Paradeep vide C.C.Case No.GRF/KED-1/34/2015 and as per the order of the GRF,Paradeep. Ops revised the energy bill and the arrears are reduced to Rs.12,550/-. It is also averred that, complainant to avoid the payments of arrear outstandings has foisted the false complaint, which is liable to be dismissed with exemplary cost.
4. Heard the complainant and Ld. Counsels appearing for the Ops, gone through the documents filed by the parties. It is an admitted fact that complainant is a domestic category of consumer under Ops bearing Old Consumer No.DKD-2117 and his new consumer No. is 0124009. It is also admitted that an amount of Rs.12,550/- is pending on the complainant as an arrear outstanding dues after its revision of arrear dues. It is the case of the Complainant that in order to get a new power supply to his premises which is recorded in Complainant’s name situated over Plot no.378, Khata no. 228, Mouza- Shyamsundarpur allotted with a new consumer no.01240097 cleared the balance arrear outstanding of Rs. 2480/- on the advice of the Ops in connection to consumer no. DKD-2117. It is also the case of the Complainant that though the old consumer no. DKD-2117 belongs to the name of the Complainant, but in fact the recorded owner of the premises was Complainant’s deceased father, Jagabandhu Parida and the said premises is located over plot no.381, Khata no.99, Mouza- Shyamsundarpur. When the power supply to the Complainant’s new premises resumed , Complainant availed the first energy bill for an amount of Rs. 59,846/-, which was protested and Ops after receiving the protest, revised the energy bill by deducting Rs. 46,140/- and imposed an amount of Rs. 12,564/- up to 3/2015 as an arrear outstandings against the Complainant.
In support of his submissions, Complainant filed an self attested photocopy of Revision bill form ‘PART-A’ dt. 30/1/2008, where the concerned officer directed to restore the power supply to the Complainant’s premises being consumer no. DKD-2117 on payment of Rs. 2480/- along with usual reconnection charge in addition to the same Complainant also filed another order copy of Ops dt. 28/2/95 to 31/1/08though Meter has been installed from Feb-2008. Ops resisted the claim of the Complainant on the grounds that Complainant prior to filing of the present case, preferred a complaint before GRF, Paradeep for revision of arrear outstanding vide C.C.Case no. GRF/KED-1/34-2015 and filed a copy of the order of the GRF, Paradeep, where the Honbl’e Forum directed the complainant- Petitioner to deposit the revised amount of Rs. 12,564/- within 15 days from date of the order, i.e, 24/4/15. Ops also filed a consumer revised billing statement of Complainant vide consumer No.01240097 starting from 5/97 to Nov-16 and an amount of Rs. 12,807/- is shown as arrear outstandings, pending on the Complainant expressed his ignorance regarding filing and passing of any order by the GRF, Paradeep. Now, it is clear the disputed arrear outstanding is for Rs. 12,564/- upto 3/2015 and a statutory Authority established under the Act has arrived into a conclusion regarding grievance of the Complainant, any opinion/order in this regard will lead to a clash between two Quasi-Judicial Authority, hence this Forum in view of passing of order in GRF case no. KED-1/34/2015 is of the unanimous view that, if Complainant has any grievance relates to disputed arrear outstandings of Rs. 12,564/-, the Complainant is at liberty to approach the appropriate authority, i.e, the OMBUDSMAN for redressal of his grievance and limitation, if any, for filing the grievance before the OMBUDSMAN should not be a bar in view of disposed of the present C.C.Case. The I. A. misc case no. 15/16, which arises out of the present C.C.Case is disposed of. In the complaint, it is alleged that, certain payments made by the Complainant has not been account for in payment as revealed from the consumer billing statement. The Ops will recalculate/revised the consumer billing statement on production of money receipts by the Complainant of the disputed period.
Having observations reflected above it is directed that Complainant will make an application before the OMBUDSMAN for revision of the dispute amount, if he desires to do so, within one month of receipt of this order, further the Ops are hereby restrained to take any coercive action against Complainant consumer till filing of the grievance before the OMBUDSMAN.
Accordingly, the Complainant is disposed without any cost.
Pronounced in the open Court, this11th day of September,2017
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
