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IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KEONJHAR
CONSUMER COMPLAINT CASE NO. 6 of 2018
Kalapataru Chakra, aged about 76 years
S/O-Late Rankanath Chakra,
At/P.O-Kanpur,Via-Kushaleswar, P.S-Ramchandrapur
Dist-Keonjhar,…………………………………………...…..… Complainant
Versus
1.Executive Engineer, NESCO
Anandapur Electrical Division,
At/PO-Anandapur, Dist-Keonjhar
2. S.D.O,Electrical,NESCO,
Anandapur Electrical Sub-Division
At/P.O-Anandapur
Dist-Keonjhar,…………………….……………………………………..Opp.Parties
Present:
Smt. B.Giri, President (I/C)
Sri Bharat Bhusan Das (Member)
Advocate for complainant- G.N Gena
Advocate for O.P-1 & OP-2 – Chinmaya Kumar Sahu & Associates
Date of hearing - 03.07.2020 Date of Order-15.01.2021
Sri B.B Das (Member)
The case of the complainant, in short , is that he is a consumer of Ops bearing consumer No.623124130896 and old consumer No. of it is AR671 which is meant to supply electricity to his residential house at Kanpur. The Ops disconnected power supply to his house on dt. 30.04.2001 and connected electricity again on September-2016 on his request after receipt of reconnection fee of Rs 100/- (One hundred)only. It is his further case that he had cleared up all the arrear dues of OPs, rather paid excess of Rs.1413.30 paisa. Due to non-availability of meter, the Ops charged of Rs. 560.59 per month for the month of Sept.2016 to Jan- 2017. The new meter was installed on 04.02.2017 .The complainant is paying electric bill regularly in each month. The claim of arrear dues by the OPs from the month of 30.04.2001 to Sept-2016 of Rs.67,259.18 for the disconnection period is arbitrary and illegal. Hence, this case.
The Ops entered in appearance after due notice served upon them and filed their written version. In their version the Ops admit that the complainant is a consumer and entitled to get the service of power supply to his residential house . The arrear dues of Rs.4156.70 till the date of disconnection is admitted by the Ops. As the complainant sold his old building , he cleared up the arrear dues and availed new connection to his newly constructed house . As per ledger it reveals that the complainant is availing power supply since 30.04.2001 onwards and as such, the allegation of disconnection and reconnection is wrong.
On perusal of the documents submitted on behalf of the complainant , it is crystal clear that the Complainant is availing electricity energy to his dwelling house at Kanpur vide consumer No.623124130896 . The information obtained through RTI on dt.09.08.2017 shows that the power supply had been disconnected to his residential house on 30.04.2001, on which date the arrear dues of Rs 4156.70 paisa was pending against him. The complainant cleared up the arrear dues till the date of disconnection, rather paid excess of Rs.1424/- against the outstanding amount. On the face of record it is apparent that the Ops charged average Bill of Rs.560/- per month as new meter could not be installed in his house . The new meter has been installed on dt. 04.02.2017. The subsequent bill supplied in each month is too less than the average Bill of Rs.560/- per month taken from the complainant from the month of September,2016 to February,2017 which is evident from the receipts filed by the complainant. On the other hand , the claim of arrear dues to the tune of Rs.67,259.18 is arbitrary and contrary to the documents supplied by the Ops in favour of complainant through RTI. Once it is agreed upon by the Ops that the power supply has been disconnected since 30.04.2001 till 9/2016, it is not expected that claim of, the outstanding arrear dues to be Rs.67,259.18 till the date of reconnection of power supply to the residential house of the complainant . There is no evidence on record that the complainant has sold house where the new meter bearing No.623124130896 has been installed and electric connection has made to his newly constructed house vide New consumer No 623124130896. The Bill receipts submitted by the complainant would go to show that the consumer No.AR671 (Old) corresponds to new consumer No.623124130896 which are being paid by the complainant regularly after reconnection of electricity to his dwelling house.
Under the above observations, we order that the charge of arrear Bill of Rs.67259.18 paisa upon the complainant for the disconnection period is illegal and arbitrary and hence quashed. The same might not be realized from the complainant. The Ops are directed to refund the arrear excess amount of Rs.1424/- Which has already paid by the complainant .The average bill for the month of September-2016 to January-2017 would be taken in to account to consider the bill due of each month i.e. the excess amount already paid by the complainant for the said period be adjusted in future Bill. That charging of arbitrary amount of said arrear dues though the complainant has not availed power supply to his residential house is nothing but deficiency of service causing mental agony and harassment to the complainant by OPS. The complainant is entitled for compensation of Rs. 200/- (Two hundred) from the Ops for the same.
The order pronounced in open Commission today i.e on 15.01.2021 as per above directions.
I agree
( Sri B. B. Das) ( Smt B. Giri)
Member (I/C.,President) DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
(Sri B.B Das)
Member
DCDRC,Keonjhar
