DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 30th day of January, 2019
C.D Case No. 31 of 2016
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Rabinarayan Sethi
S/o Late Gayadhar Sethi
At/Po:Sundarpur,
Ps: Dhusuri,
Dist: Bhadrak, Pin- 756119
……………………. Complainant
(Versus)
1. The Executive Engineer, Electrical NESCO, Bhadrak, South
Electrical Division Utility,
At: Samaraipur,
Po; Gelpur,
Ps/Dist: Bhadark
2. Sub-Divisional Officer, Electrical, Asurali
BSED, NESCO Utility,
At/Po: Asurali,
Ps: Dhusuri,
Dist: Bhadrak
3. Junior Engineer, Electrical, Asurali BSED,
NESCO Utility,
At/Po: Asurali,
Ps: Dhusuri,
Dist: Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: A. K. Nayak & Others
Advocate For the O.Ps: Sri D. Nayak & Others
Date of hearing: 17.12.2018
Date of order: 30.01.2019
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the O.Ps having aggrieved with their deficiency in service caused towards him. That the complainant was an electrical consumer bearing No- AG-6S-1443 OF Vill- Sundarpur under Asurali Section. The residential building of the consumer was demolished during super cyclone October, 1999 and I was staying with the complainant family at Bagurai, Bhadrak, During November, 1999. The complainant made contact with the Sub-Divisional Officer, Electrical, Bhadrak regarding disconnection of electric connection and discontinue the current bill, Annexure- 1. The Sub-Divisional Officer, Electrical advised that the electric line can be disconnected if the bill will be paid anticipated 3 months bill with arrear dues. As per instruction the complainant have paid all dues Rs 5,124/- up on February, 2000 vide Receipt No- 529553 dt. 09.05.2000, (Annexure- 2). During the year 2005 the complainant received a current bill amounting Rs 30,757/- for the month of September, 2005 with 1.5 KW load, (Annexure- 3).
On 26.10.2005 the complainant requested to the S.D.O, Bhadrak/J.E. Electrical/Asurali with a copy to Executive Engineer, Bhdarak for rectification of current bill and to re-connect the electric supply for use. The Sub-Divisional Officer, Electrical, Bhadrak directed to J.E. Asurali vide his letter No. 622 dt. 26.10.2005 to investigate the present position of P.S of consumer and report regarding the present status of the S/C in order to take further necessary action, (Annexure- 4). As per instruction of the J.E. Asurali the lineman Sri Ramesh Chandra Das, enquired the matter and reported to the J.E. Asurali that, the supply has been disconnected from poll W.E.F 05.11.1999 after demolishing the house of the consumer, but the bill is continued as and same may be regularized the arrear bill, (Annexure- 5). After receipt of this report the then J.E. has re-connected the electric line without regularizing the arrear bill and without collection of re-connection fees. The J.E also set up a meter on dt. 02.02.2006 for reading the current bill and regularized the arrear bill. But it is very sorry to say that the bill is continued on minimum charges up to dt. 21.02.2014. Similarly on several request with written and verbal, the present J.E. and lineman has installed a new meter for reading of current bill and regularized the arrear bill on 22.02.2014. But after setting up meter on 22.02.2014 the bill is continuing in minimum charges W.E.F. 22.02.2014 to September, 2014. Now the meter regularly reading and payment is made regularly and up to date (leaving arrear). But the Department is harassing and mentally tutored to me by issuing of notice/bill for disconnection of supply and demanding arrear dues amounting Rs 65,000/- in the name of Gayadhar Sethi who expired on dt. 21.05.2014. In this connection the Department has been collected excess Rs 20,000/- (from 2005 to 2015). This amount they have collected by harassing and forcibly from the complainant’s old father and mother.
The complainant sought for the following reliefs:-
1. To change the ownership from Gayadhar Sethi to Rabinarayan Sethi as Gayadhar Sethi has been expired on 21.05.2014.
2. To regularize the arrear dues from 02.02.2006 to 01.10.2014 as per present meter reading.
3. Exempted the arrear dues from 01.03.2000 to 01.02.2006 as the complainant have not used electric current as per report of lineman R.C. Das.
4. Directing to O.Ps to rectify or revise the energy bill within the stipulated period and not to charges the energy bill for the amount of Rs 67,794/- issued by the O.Ps. On 28.01.2016 for the month of January, 2016.
5. The complainant also entitled for mental agony, unnecessary harassment humiliation and personal damage for Rs 67,794/-.
6. The cost of the litigation Rs 67,794/- and such other relief/relies as it deems fit in the facts and circumstances at the case awarded to the complainant for which act of kindness the poor complainants for duly bound shall ever pray.
List of schedule documents relied on:-
1. Copy of application……………………….Annexure- 1.
2. Money receipts (Bill paid)………………..Annexure- 2.
3. Demand bill issued by Dept………………Annexure-3.
4. Letter issued by S.D.O, Electrical……….Annexure- 4.
5. The report of lineman Sri Ramesh Das…Annexure- 5.
The O.Ps have taken several times and filed a lot of time petitions. The time petitions allowed. The O.Ps have appeared on 17.12.2018 and filed no written version and filed time petition. The said petition was allowed as last chance. The complainant was absent on the same day. Last chance was allowed to complainant for appearance & hearing but he is found absent in the Forum continuously three dates. In course of hearing advocate for the O.Ps submitted that the claim of the complainant has been settled and according to the statement on dt. 18.05.2018 the revision was made, Rs 44,484/- has been withdrawn from the disputed arrear bill of the complainant. In long absence of the complainant it is presumed that the complainant is satisfied with his revised bill submitted by the O.Ps. The copy has been supplied to the complainant. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part against the O.Ps. The O.Ps are here by directed to revise the energy bills up to the amount of Rs 44,484/- Neither any cost nor any compensation for mental agony nor any cost of the litigation is here by imposed upon the O.Ps.
This order is pronounced in the open Forum on this day of 30th January, 2019 under my hand and seal of the Forum.
