Presented by Sri P.K.Dash, Member .
The complaint pertains to deficiency of service, enumerated under the provisions of C.P. Act and the sum up of the Complainant is as follows:-
Sharat Chandra Meher S/o Late Govind Charan Meher, Po/Ps/Dist. Bargarh is the Complainant in this case. Executive Engineer, Sub-Divisional Officer (Electrical) and Junior Engineers (Electrical) are officers in the Western Electricity Supply Company of Odisha Ltd, Bargarh Po/Ps/Dist. Bargarh are cited as Opposite Party No.1(one), No.2(two) and No.3(three) respectively and responsible for all the complaint of consumer. The Complainant has also filed a petition U/s 13(3)(B) of the C.P. Act seeking an interim direction from the Forum and the Forum vide its Order Dt.10/10/2012 directed the Opposite Parties not to take stringent action against the Complainant and during the pending of the complaint not to disconnect the electric supply and to accept the monthly payment as per meter reading.
The Complainant having succeeded from his late father a holding under the Bargarh Municipality, Ward No.10(ten) is a consumer under the WESCO Ltd bearing Consumer No. 51212118002 as per his contention in this complaint. After the death of his father electric consumption bills are being delivered to him and and he is paying the dues regularly.
Further contention of the Complainant is that the electric consumption bills were issued to the Complainant on the basis of actual meter reading but all of a sudden provisional bills were issued from September-2012 and on quarry by the Complainant he was consoled by the department of WESCO that, excess amount would be adjusted later on in subsequent bills and accordingly the Complainant paid the electric bills as per provisional bills till June-2012.
Further contention of the Complainant that in the month of July-2012. The department of WESCO, Bargarh issued a bill of Rs.11,413.16/-(Rupees eleven thousand four hundred thirteen and sixteen paise)only with an arrear of Rs.10,000/-(Rupees ten thousand)only and in the next month also i.e. in month of August-2012 the Opposite Parties issued a bill of Rs.12,512/-(Rupees twelve thousand five hundred twelve)only and on quarry the Complainant was replied that Opposite Party No.3(three) retained the bill to ascertain the matter. More importantly for the alleged arrear amount the Opposite Party's have never noticed the Complainant in any manner.
The Complainant alleges that such conduct of the Opposite Parties are unfair deceptive and monopoly in trade practice which amounts to deficiency in service by the Opposite Parties to the Complainant and for such conduct the complaint sustained mental agony, strain and unnecessary legal expenses.
The Complainant in support of his contention relies upon the following documents.
Xerox copies of Electric consumption bills issued by Opposite Parties from January-2008 to August-2012.
Xerox copies of Receipts of payment of bills till July-2012.
The Complainant in the instant case prays for a direction by the Forum to the Opposite Parties to reverse the claim of Rs.10,000/-(Rupees ten thousand)only and for a further direction to pay a sum of Rs.25,000/-(Rupees twenty five thousand)only on account of loss and compensation with interest from the date of filing of the complaint case and such further relief as the Forum deemed fit.
The Opposite Parties are duly noticed and did not appeared before this court on several dates of posting and ultimately set ex-parte vide order Dt.16/04/2013 passed by the Forum and posted the case for ex-parte hearing.
Heard the matter as argued and presented by the advocate on behalf of the Complainant, gone through the case record and documents annexed to it, the core issue likely to be decided is as follows:-
Whether such acts of Opposite Parties amounts to deficiency in service ?
Answer to issue No.1(one)
Having thorough inspection to all the electric bills issued by the Opposite Parties to the Complainant from January-2008 to June-2012 and the money receipts issued by the Opposite Parties acknowledging receiving money against the bills clearly reveals that there was no arrear amount pending against the Complainant and he was a bona fide consumer of the Opposite Party's and paying the electric dues regularly and sincerely for more than four years without any single default on any month but electric consumption bill issued infavour of the Complainant in the month of August 2012 for an amount of Rs.12,542/-(Rupees twelve thousand five hundred forty two)only including an arrear amount of Rs.11,413/-(Rupees eleven thousand four hundred thirteen)only and the said arrear amount relates to which months and years the Opposite Parties have miserably failed in establishing in this bill i.e August-2012. The Complainant prior to August-2012 neither noticed nor communicated by the Opposite Parties about the arrear amount alleged to have pending against him.
Such conduct of the Opposite Party's as to imposition of arrear claim without any basis is clearly a monopoly trade practice and amounts to deficiency in service against the Complainant hence answer the issue.
O R D E R
Considering all the facts and evidence on record the Forum direct the Opposite Parties to waive the arrear amount imposed upon the Complainant in the electric consumption on bill of August-2012 and to issue electric consumption bills as per actual meter reading.
The case is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, (Sri Pradeep Kumar Dash) ( Smt. Anjali Behera) (Miss Rajlaxmi Pattnayak)
M e m b e r. M e m b e r. P r e s i d e n t.
