Arjun Mohanty. filed a consumer case on 16 Oct 2020 against Executive Engineer,Electrical Jajpur town,Electrical Division. in the Jajapur Consumer Court. The case no is CC/109/2019 and the judgment uploaded on 29 Oct 2020.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.
Present: 1.Shri Jiban ballav Das , President
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray, Lady Member.
Dated the 16 TH day of October ,2020.
C.C.Case No.109 of 2019
Arjun Mohanty S/O Late Sankar Mohanty
Vill . Barei ,P.O.Badabiruhan
P.S. Panikoili , Dist.-Jajpur. …… ……....Complainant .
(Versus)
Executive Engineer,Electrial Jajpur Town ,Electrical Division
At/P.O/ Jajpur Town , Dt. Jajpur. ……………..Opp.Parties.
For the Complainant: Sri U.C.Das, Advocate.
For the Opp.Party: Sri B.K.Mohanty, S.N.Pattnaik,G.R.Mohanty ,B.Rana, Advocates.
MISS SMITA RAY, LADY MEMBER . Date of order: 16.10.2020.
Deficiency in electrical service is the grievance of the petitioner.
The fact of the complaint petition in short is that the petitioner is a domestic consumer before the O.P of panikoili section of Jajpur Town Sub division -1 vide domestic consumer old account no.JPT-6162 corresponding to consumer No. 612113020339 (new) since last 15 years . Since from the date of taking service connection to the premises of the petitioner, regularly he is paying the electric dues and has obtained money receipt as per his payment paid to the collection agent but it is a matter of great regret that most of the time the O.P also served more additional amount in the bills without deducting the bill amount paid by the petitioner. So the petitioner facing much difficulties towards payment of bill before the electric authority and after several request they do not co-operate with the petitioner for correction of the arrear amount . That at the time of giving feasibility as a domestic electric consumer the O.ps supplied meter and the cost of meter though has been paid by the petitioner but the petitioner is paying the bill regularly and consume maximum 60 to 70 units and bill paid up to Rs.40 to Rs. 50 as meter rent . That in the year of 2010 the meter of the consumer is damaged and taking advantage the billing authority calculated the same in load factor basis .That in this regard the petitioner approached the Section officer / J.E at Panikoili and Asst .Engineer/ S.D.O, Jajpur for several times but they never listen to the request of the petitioner . The petitioner is a poor man and he has no sufficient income to pay the illegal demand charged by the O.P after payment of the regular monthly electric dues. Accordingly finding no other alternative the petitioner filed this dispute before this commission with the prayer to pass necessary order for exemption of illegal demand .
After receipt of notice the O.Ps appeared through their learned advocate and subsequently filed their written version taking the stands
That the petitioner is not a consumer under the Executive engineer, Jajpur Town, Electrical Division. He is a consumer under Panikoili Electrical Section, which comes under the jurisdiction of Jajpur Road Electrical division. The paid amount by the petitioner has been deducted regularly from the balance dues of the petitioner .The petitioner has never approached any concerned officer of the department regarding correction of his bill. The petitioner is avoiding to make payment of electrical dues rightly charged by the O.P company. Moreover the claim falsely made by the petitioner is hopelessly barred by limitation. Such false claim can not be entertained at this stage. That no error has been committed by the O.P company in billing the electrical dues of the petitioner . No negligence has ever been committed either by him or by his company .
In the aforesaid circumstances such proceeding is liable to be dismissed being devoid of any merit.
On the date of hearing we heard the argument from the learned advocate of both the sides.
After perusal of the record and documents in details it is undisputed fact that the petitioner is a domestic consumer before the O.P but there is no documents filed on behalf of the petitioner or O.P that he has paid the electric dues regularly . Accordingly without going through the details of the dispute we dispose of the dispute as per order below:-
The petitioner is directed to produce the details receipt which are not deducted from the arrear of electric dues of the petitioner before the O.P within 15 days after receipt of this order. The O.Ps are also directed to deduct electric arrear amount( if any) which are not deducted earlier from the arrear electricity dues of the petitioner within 15 days after receipt of the details from the petitioner and the revised arrear bill calculated be served to the petitioner within one month after receipt of this order. No cost.
This order is pronounced in the open Commission on this the 16th day of October,2020. under our hand and seal of the Commission.
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