Orissa

Cuttak

CC/25/2022

Jyotirmayee Sahoo - Complainant(s)

Versus

Executive Engineer(CED), - Opp.Party(s)

A Mohanty & associates

07 Sep 2022

ORDER

 

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                            C.C.No.25/2022

           Jyotirmayee Sahu,

W/O:Kunjanayan Sahu,

At/PO:Bhatimunda,P.S:Tangi,

Dist:Cuttack.                                                                                                      ... Complainant.

 

                                    Vrs.

1.       Executive Engineer,CED,

At:Jobra,PO:College Square,

                  PS:Malgodown,Dist-Cuttack

 

    2.     Sub-Divisiopnal Officer,Electrical

         TPCODL.Choudwar Sub Division,

           At/PO/P.S:Choudwar,Dist:Cuttack.

 

3.       The Sectional Manager,Electrical,

TPCODL,Tangi Section,

At/PO Tangi,Dist:Cuttack.                                                                        ... Opp. Parties.

 

Present:           Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

Date of filing:    16.02.2022

Date of Order:   07.09.2022

 

For the complainant:          Mr. Aswini Mohanty,Adv. & Associates.

For the O.Ps.               :                    None.     

 

Sri Sibananda Mohanty,Member.

                                   

            Case of the complainant in short is that he is a consumer of Electricity Department having Consumer no.03071731.  It is stated by her that she was paying electricity dues regularly.  It is alleged by the complainant that due to the defect in the electricity meter, the said meter sometimes sparks and power supply interrupts during that sparking time.  The complainant on 12.5.19 intimated such defect in the meter to the O.P No.3.  The complainant also stated that the O.P No.3 repaired the said meter but that defect persisted.  It is further case of the complainant is that she had paid energy dues for the month of August,2021 to October,2021 as per the bill provided by the O.Ps and there was no outstanding of energy dues against her.  The complainant alleged to have again intimated on 30.10.21 regarding defect in the meter to the O.P No.3 and the O.P No.3 repaired the defective meter and installed the same on 5.11.21 without any report.  Surprisingly, on 9.11.21, the complainant received energy bill, where Rs.1,13,780/- was shown as arrear energy bill, where no arrear energy bill was outstanding against her.  The complainant on 11.11.21 made a representation to the O.P No.3 for correction of energy bill as well as rectification of defect in the electricity meter but till filing of the case the O.P No.3 has not taken any step in that regard.  As the O.Ps are not correcting the energy bill she has filed this case with a prayer for a direction to the O.Ps to correct the arrear bill by deleting outstanding energy bill  of Rs.1,13,780/-.  The complainant has further prayed for a direction to the O.Ps to pay a sum of Rs.50,000/- towards the compensation for mental agony and litigation expenses incurred by him.

            The complainant in order to prove her case has filed xerox copies of some documents.

2.         Although the O.Ps have appeared but did not file their written version and they were set exparte.

3.         Keeping in mind the averments as made in the complaint petition, this Commission is of a view to settle the following issues in order to arrive at a proper conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

iii.        Whether the O.Ps had adopted unfair trade practice ?

            iv.        Whether the complainant is entitled to the reliefs as claimed?

Issue no.i.

  The complainant is a consumer of O.Ps and he is paying the energy bills to the O.Ps regularly.  Hence, the complainant being a consumer, this case is maintainable.

Issue no.ii & iii.

            The complainant has filed Xerox copies of energy bill for the months of July,2021 to November,2021 and January,2022.  The bills for the months of July,21 to Octobe,21 has been issued on ‘average’ basis.  The complainant has paid the energy dues for the period from July,21 to October,21 as per the bill issued by the O.Ps.  The O.Ps had issued bill for the month of November,2021,December,2021 and January,2022 on actual basis.  The O.Ps have issued bill for the month of November,2021 where they had demanded Rs.1,13,780/- towards the outstanding energy bill.  The complainant is all along paying the energy bills regularly which would be revealed from the bill for the month of July,2021 to October,2021  and payment particulars of the said bill but the O.Ps without any basis shown the arrear bills in the bill of November,2021.  The complainant has alleged that there is defect in the meter and intimated the said fact to the O.Ps.    But the O.Ps has not taken any effective steps in that regard.  The allegations of the complainant being unchallenged are deemed to be true.  It is not believable that the complainant being a domestic consumer is consuming such higher units of energy as shown by the O.Ps in one month.   As such, the irresistible conclusion is that there is defect in electricity meter installed in the premises of the complainant.  The O.Ps although had not filed their written version but have filed written notes of submission, wherein they have filed Consumer Billing Ledger.  On perusal of such ledger it is found that the said ledger is not tallying in many ways with the electricity bill issued to the complainant.  The said ledger further reveals that there was outstanding dues of energy bill of Rs.1,13,780/- in the month of October,2021  but that bill has not been provided to the complainant.  The complainant has been provided said bill with arrear outstanding dues in the bill issued to him on 5.11.21.  The said ledger further reveals that bill for the month of November,2011 has been prepared on average basis, whereas the bill issued to the complainant reveals that it has been issued on actual basis.  Hence, it is proved that the O.Ps are very negligent in calculating the energy dues.   In view of the above discussions, it is held that the O.Ps have committed deficiency in service as well as have adopted unfair trade practice.

Issue no.iv.

            The complainant’s consistent plea is that due to defect in the meter, it is sparking remains unchallenged.  It is beyond the imagination that the complainant has consumed such higher energy units in one month as shown by them for which they have demanded outstanding arrear amount of Rs.1,13,780/- on 9.11.21.  As already held, there is defect in the electricity meter and the complainant is not liable to pay such arrear dues amounting to Rs.1,13,780/- to the O.Ps.  Besides that the complainant is entitled to the reliefs towards his mental agony and harassment.  Hence it is so ordered;

                                                            ORDER

            The case is allowed partly exparte against the O.Ps.  The O.Ps are found to be jointly and severally liable here in this case.  As such this Commission is of a view to direct them to waive out the arrear energy bill as shown in their electricity bill for the month of November,2021 amounting to Rs.1,13,780/- and correct the same accordingly.  The O.Ps are further directed to pay a sum of Rs.20,000/- towards the compensation to the complainant for her mental agony along with a sum of Rs.10,000/- towards litigation expenses as incurred by her.  The O.Ps are also directed to change the electricity meter of the complainant by a new one and cost of that meter would be borne by the complainant.  This order is to be carried out within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open court on the 7^th day of Septeamber,2022 under the seal and signature of this Commission.                      

                                                                                                                            

                                                                                                Sri Sibananda Mohanty

                                                                                                           Member.

                                                                       

                                                                                              

                                                                                                     Sri Debasish Nayak

                                                                                                             President