Orissa

Kendrapara

CC/85/2015

Praffulla Kumar Rout - Complainant(s)

Versus

Executive Engineer(CESU) - Opp.Party(s)

Ranjan Kumar Panda & Associates

17 Feb 2017

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/85/2015
 
1. Praffulla Kumar Rout
Late Radha Shyam Rout At- Bantala Po- Tentol Ps- Patkura
kendrapara
Odisha
...........Complainant(s)
Versus
1. Executive Engineer(CESU)
Marshaghai Division At/Po/Ps- Marshaghai
kendrapara
Odisha
2. Assistant Engineer(CESU)
Garadpur Sub-Division At/Po/Ps- Garadpur
kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Ranjan Kumar Panda & Associates, Advocate
For the Opp. Party: P.K.Samal & Associates, Advocate
Dated : 17 Feb 2017
Final Order / Judgement

SRI BIJAYA KUMAR DAS,PRESIDENT:-

             Deficiency in service in respect of providing inflated monthly energy bills are the allegations arrayed against ops.

2.                 Complaint in brief reveals that complainant is a domestic category of consumer under Ops, bearing consumer No.D16129 and complainant was paying monthly energy dues as per the consumption up to 29/10/1999 the day of occurrance of super cyclone. After the super cyclone Ops restored the power supply on 16/08/2000, which continued till 15/04/2001, due to non-functioning of transformer power supply was not continued up to 15/03/2002. It is further stated that complainant’s monthly consumption is very low for which a monthly energy charges were Rs. 40/- Rs. 105/-. But all as on a sudden the Ops on 15/05/2002served a energy bill amounting of Rs. 4746.20p and inspite of several requests Ops did not rectify the energy bills which gives mental agony to the complainant and further the Ops are threatening to disconnect the power supply on non-payment of illegal dues. Hence the complaint before the Forum with prayer that a direction may be given to Ops to correct the monthly energy bills of May-2002 amounting of Rs. 4746/- and to pay a compensation of Rs. 10,000/- for mental agony.

3.                   Though Notice was served to the Ops through Regd. Post, but they did not prefer to appear into the case and was set ex-parte by this Forum.

                          Complainant to substantiate his case filed photocopies of monthly energy bills for the month of March-02 to August-02 and the photocopy of monthly energy bill of March-2015.  It is seen from the energy bills that complainant is a domestic category of consumer under Ops bearing consumer No. D16129 which correspondence to new consumer A/C No.- 02099076 and the monthly energy bill for the month of March-2015 is prepared on actual consumption basis except the monthly energy bill of March/April-2002 which is prepared on average consumption basis. It is the case of the complainant that his monthly energy consumption is very low and the Ops without considering the non-service period from 15/04/2001 to 15/03/2002 for non-functioning of the village transformer, further the Ops provide a arbitrary monthly energy bills including the said period. Though the complainant does not produce any evidence regarding non-functioning of the said transformer of disputed period, but no alternative is left before us as the case is non-rebuttal in nature and it appears that complainant was not received energy on the said period.

                             Hence , we direct the Ops to revise the energy bills for the  period from 30/10/1999 to 16/8/2000 and from 15/04/2001to 15/03/2002 and to withdraw the existing the energy bills where the said periods were calculated as providing power supply, if not revised earlier. Accordingly, the order passed in I.A. Case is hereby vacated subject to observation of the order. It is further directed that complainant will apply along with a copy of this order for revision of energy bills within 7 days of receipt of this order and on receipt of the application for revision the Ops will revise the energy bills as per the order till then Ops are here by restrained to take any coercive action against the complainant. Action will be initiated against defaulting parties for non-compliance of the order.

 

          The Complaint is disposed of on ex-parte without any cost.

        Pronounced in the open Court, this 17th Day of February, 2017.

 
 
[HON'BLE MR. Sri B.K. Das]
PRESIDENT
 
[HON'BLE MR. sri Nayananda Das]
MEMBER
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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