Orissa

Jharsuguda

CC/67/2014

Kailash Meher S/O-Norattam Meher - Complainant(s)

Versus

Executive Engineer,Brajrajnagar Electrical Division - Opp.Party(s)

S.N Pasayat

11 May 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 67 OF 2014

 

Kailash Meher,

S/O: Narottam Meher,

R/O: Gandhi Chowk, PO:Gandghora,

PS: Brajrajnagar, Dist- Jharsuguda, Odisha………………………..……. Complainant.

     

                                           Versus 

 

1. The Executive Engineer (Elect.),

Brajrajnagar Electrical Division,

At: Near Bijay Laxmi Complex, Gandhi Chowk,

PS: Brajrajnagar, Dist: Jharsuguda, Odisha.

 

2. The Sub-Divisional Officer (Elect.)

Brajrajnagar, Dist- Jharsuguda.

 

3. E.S.O, Gandhi Chowk,

PS: Brajrajnagar, Dist- Jharsuguda................................................. Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                          Shri S. N. Pasayat, Adv. & Associates.

For the Opp. Parties                          Shri B. B. Barai, Adv. & Associates.

 

Date of Order: 11.05.2015

 

Present

 

                                              1. Shri S.L Behera, President.

                                              2. Shri S.K.Ojha, Sr. Member.

                                              3. Smt. A. Nanda, Member(W).

 

 

Shri S. K. Ojha, Sr. Member :-  The brief facts of the complaint case is that, the complainant has taken an electricity connection to run a small scale Ice-cream manufacturing unit for his livelihood so also for his domestic purpose.  The complainant was paying regular electricity bills in average of Rs.1500/- to Rs.3,000/- per month as per electricity bills.  He has closed his said unit in the month of April,2014 but the O.Ps have charged Rs.28,101/- only for the said month wrongly.  The complainant requested to give separate connection but the O.Ps. refused to supply separate meter as such alleging deficiency in service the complainant filed this case.  

 

 

On service of notices, the O.Ps appeared and filed Written Version jointly through their counsel admitting  the facts of electricity connection and submitted that the complainant has taken a commercial category connection bearing Consumer No. 417001110691 from November,2009 for running of an Ice-Cream Factory and for his residential premises.  The complainant has violated the Rules and Regulations of Electricity Act 2003 by giving extension of electricity connection from his premises to the neighbors which has been noticed by the vigilance squared of WESCO in April,2012  so also the meter was found tempered on dated 30.03.2013.  Due to heavy load the meter burnt and new meter changed in May,2012, November,2012 and April,2013 and since then regular meter reading taken by MRT as per actual consumption of electricity and the bills serve to the complainant regularly.  The consumption of electricity varies as per the use in Ice-Cream factory which has been recorded 1194 unit in April,2013, 1959 units in May,2013 and 1411 units in June,2013 whereas due to low production during July,2013 to March,2014 the electricity consumption was recorded less but in April,2014 it has 2744 units which reduced to 275 units in May,2014 and 490 units in June,2014 and again enhanced to 4119 units in July,2014.  As the meter has no any defect the readings of the meter were based on actual consumption of complainant and denying any deficiency in service prayed for dismissal of case.

 

Heard the matter in length from both the parties, gone through the case and materials available on record.

 

The complainant has taken commercial electricity connection bearing Consumer No. 417001110691 for his said Ice-Cream making unit to maintain his day-to-day livelihood and for his residential purpose.  As per the bills statement of complainant issued by the O.Ps. regarding using of electricity consumption of electricity it was found to be within 500 units in average during July to March and it extends to 500 units to 3000 units in average during April to June every year since May,2012 to June,2014 but in July,2014 the complainant was issued bill of 4119 units.  In the other way the complainant has changed 03 Nos. of meters since May, 2012 onwards till date.  The current meter bearing No.8122258 is having no any defect and regular month-wise meter readings are being taken up by the O.Ps. But as per the letter No. CON/1459(4) dtd. 02.09.2014 issued by the O.Ps., the meter reading checked by ESO and SDO on dtd. 29.08.2014 where they have found that the KWH reading has exceeded to 14430 (FMR upto July,2014) and found  no mistake and requested the complainant to deposit Rs.33,107/- only upto July,2014 on or before dtd.08.09.2014 otherwise they could have disconnected without any further notice, but after receiving the Interim Order in favour of the complainant from this Forum, the O.Ps. complied the same and not disconnected the said electricity connection yet.

 

As the electricity meter is having no any defect, running in good condition, delivering the actual units consumed by the consumer, it is hard to presume the billing dispute or commitment of any deficiency in service on the part of O.Ps., at the stage where the complainant was remarked several times in tempering the meter and giving extension line to the neighbors for which penalized earlier by the O.Ps. As per the present circumstance the O.Ps are eligible to receive the current actual bill amount from the complainant.

 

 

However, considering the principles of natural justice and so as to maintaining the livelihood in favorable condition, as the complainant is an unemployed person, this Hon’ble Forum has opined to extend its hands of relief towards the complainant.

 

Hence, we allow partly the complaint of the complainant with directing the O.Ps. to issue afresh, legitimate, up-to-date outstanding electricity bill to the complainant within 30 (thirty) days from the date of this order and receive the same in 03 (three) Nos. of equal monthly installments along with regular monthly bills from the complainant.  

 

            Accordingly the case is disposed of.

                       

Order pronounced in the open court today on this the 11^th  day of May’ 2015, copy of this order shall be communicated to the parties as per rule.

 

 

             I Agree,                               I Agree,

 

 

                                      

           S.L.Behra (President)            A.Nanda, Member(W)              S. K. Ojha, Sr. Member

                                                     Dictated and corrected by me,

 

                                                          S. K. Ojha, Sr. Member.