Orissa

Cuttak

CC/140/2021

Binapani Das - Complainant(s)

Versus

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

A C Behera & associates

21 Jan 2023

ORDER

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

                                                C.C.No.140/2021

          Binapani Das,

W/O:Late Nabakishore Das,

           Res. of At:Dagarpada,P.O:Chandinichowk,

           P.S:Lalbag,Town/Dist:Cuttack.                                ... Complainant.

          Vrs.

 

1. Executive Engineer (Electrical),CESU,

Cuttack City Division-1, At:OMP Square,

Near Executive Engineer (R & B) Division Office,

Gurkha Colony,Mal Godown Market,

                          Cuttack,Odisha-753003

 

       2. S.D.O,(Electrical),Electrical Division,

           Chandinichowk,PS Lalbag,

           Town/Dist-Cuttack.                                                            ...Opp. Parties.

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    03.09.2021

Date of Order:  21.01.2023

 

For the complainant:            Mr. A.C.Behera,Adv. & Associates.

For the O.P no.1.      :          None.

For the O.P no.2       :             Self.

 

Sri Debasish Nayak,President.

                                               

          Case of the complainant as made out from the complaint petition in short is that she is a senior citizen and is a consumer of the O.Ps since 2008 having consumer no.00718229.  On 4.12.14 the Electric Squad of the O.Ps had verified the meter of the complainant and had replaced the meter for 5.5 Kws. consumption instead of 1 kw as fitted earlier.  According to the O.Ps, the consumption of the complainant is more than 2 Kws per month. The O.Ps are therefore demanding an arrear amount of Rs.1,65,965/- for the month of May,2021 from the complainant and are threatening to disconnect the line of the complainant.  It is for this, the complainant has come up with this case seeking direction to the O.Ps for waiving out the demand of Rs.1,65,965/- as made by them from the complainant.

          In order to prove his case, the complainant has filed copies of certain documents alongwith his complaint petition.

2.       Out of the two O.Ps as arrayed in this case having not contested O.P no.1 has been set exparte vide order dt.27.6.2022.  However, O.P no.2 has contested this case and has filed his written version.  As per the written version of O.P no.2, the demand as made by them from the complainant to the tune of Rs.1,65,985.77p is the arrear shown up-to May,2021.  The bills of the complainant with effect from April,2005 to December,2014 was served upon her on an average basis and the revised amount was of Rs.2,88,445/- which was credited to the consumer’s account in the month of November,2015.  Thus, according to the O.P no.2,the arrear is correct and needs no revision.  The O.P no.2, further alleges that the complainant/consumer is a regular defaulter and is not paying the electricity dues for which such huge arrear is shown against her consumption.  In order to avoid payment of such arrear, the complainant/consumer has come up with this case which has no merit and is liable to be dismissed.

          To support his stand, the O.P no.2 together with written notes of submission has filed copies of documents from the official ledger showing the arrear lingering as dues against the complainant/consumer of this case.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.P no.2, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

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

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Issues no.II.

Out of the three issues, issue no.ii  being the pertinent issue is taken up  first for consideration here in this case.

After careful scrutinization of copies of the documents as filed from either sides, it is noticed that infact there is a huge arrear outstanding dues which is to be paid by the complainant/consumer to the O.Ps and that apart, the complainant/consumer has not raised any objection about the meter to be defective.  When the meter is correct, the bill raised therein is definitely correct as per her consumption and the arrear amount is to be paid by the complainant/consumer to the O.Ps.  Accordingly, when the same is demanded by the O.Ps from her, this Commission finds no deficiency in service on the part of O.Ps by doing so.  Hence, this issue goes in favour of the O.Ps.

 

 

Issues no.i & iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is thus not entitled to any of the reliefs as claimed by her. Hence it is so ordered;

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 21^st day of January,2023 under the seal and signature of this Commission.       

 

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                             Sri  Sibananda Mohanty

                                                                                                                     Member