Orissa

Kendrapara

CC/25/2015

Ratnakar Dash - Complainant(s)

Versus

Executive Engineer,CESU - Opp.Party(s)

Himself

23 Feb 2017

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/25/2015
 
1. Ratnakar Dash
S/o- Sadhu Charan Dash At- Oldhi Po-Fakirbad Via/Ps-Derabish
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Executive Engineer,CESU
Electrical Division-1 At/Po/Dist- kendrapara
Odisha
2. Project Manager,
ENGEN & GLOBAL Solution Pvt. Ltd. At-Garapur Po-Kapaleswar P.S-Kendrapara
Kendrapara
Odisha
3. Deputy Project Manager
Engen& GlobalSolution Pvt.Ltd. AT-Lock Road(Mir Patna).
Kendrapara
Odisha
4. Junior Engineer
Electrical Section Chhata,CESU AT-Chhata, Po-Chhata chakada
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 
For the Complainant:Himself, Advocate
For the Opp. Party: Pramod Kumar Samal & Associates, Advocate
Dated : 23 Feb 2017
Final Order / Judgement

SRI BIJAYA KUMAR DAS,PRESIDENT:-

             Deficiency in service in respect of providing inflated monthly energy bills and illegal Notice for threat of disconnection are the allegations arrayed against ops.

2.                 Complaint in nutshell reveals that complainant is a domestic category of consumer under Ops, bearing consumer No.01237067 with a contract demand of 1 kw. Though complainant was paying monthly energy dues regularly but the Ops on 20.01.2015 served an arrear bills amounting of Rs. 25,966.24/- vide bill no.-12633 along with a disconnection Notice. It is also revealed that inspite of repeated requests the Ops are not rectifying the energy bills for which complainant sustains mental agony and claims Rs. 50,000/- for the same. The cause of action of the instant case arose on 20/1/2015 and 20/3/2015 when the Ops issued disconnection Notice. Accordingly, the complaint is filed with prayer to reconnect the power supply and to correct the arrear out standings as per actual meter reading.

3.                   Being Noticed Ops appeared through their ld. Counsel and filed written version submitting that complainant is a domestic category of consumer under Ops bearing consumer No.- 01237067. It is stated that the meter of the complainant was defunct for a period from March-2009 to Dec-2012. Accordingly, bills were prepared on average basis and the present arrear outstanding up to Nov-2016 amounts to Rs. 32436.60/-. The Complainant has installed a new meter in his premises on the month of January-2013. It is further averred that complainant has never made any request for revision of arrear bills, if the  Complainant apply for revision of bills the Ops are ready to revision the same and in the circumstances the Ops have not committed any deficiency in service and the complaint is liable to be dismissed with cost.

4.                          Heard the complainant and ld. Counsel for the Ops and perused the documents like photocopies of monthly energy bills. Monthly receipts and disconnection Notice being No. 13429 filed by complainant. Ops also filed consumer billing statement. It is an admitted fact that complaint is a domestic category of consumer under Ops during the disputed period bills are prepared as average basis.

                                 It  appears from the written statement that Complainant has installed a new meter in January-2013 and as per the consumers Account statement the average billing period from April-2009 to Dec-2012 will be revised as per the meter reading, if the complainant applies to revise the energy bills. Equally, the complainant prays before this Forum for revision for energy bills along with restoration of power supply. Complainant does not need to apply for the revision of billing as fact of the case as that Ops are taking regular meter reading from January 2013 and  the aforesaid disputed billing period can be revised by order of this Forum, and the I.A. case here by vacated subject to compliance of this order and if any amount is deposited by the complainant for restoration of power supply by order of this Forum, same to be adjusted during revision of the energy bills.

                            Having observations reflected above it is directed that Ops will withdrawn previous energy bill and will revise the energy bill taking 3(three) months consecutive meter reading starting from January-2013 to March-2013. The revision of arrear billing will be completed within one month of receipt of this order, till then Ops are here by restrained to take any coercive action against the complainant. Delay in compliance of the order, action will be initiated against ops as per the provisions of the C.P.Act.

             Complaint is allowed in part on contest without cost.

        Pronounced in the open Court, this 23rd Day of February, 2017.

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

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