Orissa

Jajapur

CC/207/2022

SK.Nasiruddin. - Complainant(s)

Versus

Executive Engineer,TPNODL,Jajpur Electrical Division. - Opp.Party(s)

Ramakanta Ghadae.

25 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 207 / 2022.

Date of filing Complaint   :-               26.12.2022

Date of hearing              :-        05.01.2024

Date of Order                  :       25.01..2024.                       

Dated the  25th  day of January’ 2024.

SK.Nasiruddin,

S/O Late SK.Abdul Jalil ,

At. Saradari Mahala, Binjharpur, P.O.Binjharpur,

Dist:- Jajpur,                                                                           .  .  .  .  Complainant.          

                                    Versus.

1. Executive Engineer, TPNODL Jajpur Electrical Division,

At.Ranibagicha, P.O/Dist. Jajpur.

2. S.D.O,TPNODL, Binjharpur Electrical Sub Division,

At. Mansada, P.O.Binjharpur,Dist. Jajpur.

3. Junior Engineer,TPNODL, Binjharpur Electrical Sub Division

At/P.O/ Sayedpur, Dist. Jajpur.

P R E S E N T S.

                        1.  Smt. Susmita Mishra.    President.

                        2.    Sri Bibekananda Das,       Member

               Counsels appeared for the parties.                           

For the Complainant             Sri R.K.Ghadei, Advocate. 

For the Opp. Party                Sri  G.C.Panda, Advocate.

J U D G M E N T.

PRESENTED BY MRS SUSMITA MISHRA, PRESIDENT  :

            The  C.C.Case No.207 of 2022 has been filed by the complainant namely SK.Nasiruddin against the above-named O.Ps U/sec.35 of the Consumer Protection Act,2019, seeking following relief that “ the O.ps may be directed to waive the Sundry charges of Rs.13,292.98/- as well as Rs.50,000/- may be awarded as consumption to the complainant “ due to deficiency in service and unfair trade practice on the part of the O.ps.

             The brief facts of the case is that the complainant is an agriculturist and availed the power supply since 1989 under the above said O.Ps ( Elect.Deptt) bearing old Consumer No.33394D and New Consumer No.16122034736. The complainant paid his electricity bill amounts regularly upto September,2022 without any arrear. In the month of October,2022, the complainant got  one electricity bill from O.P”s  officials wherein it is observed that the complainant is liable to pay Rs.13,292.98 paisa as Sundry charges without any show cause notice to the complainant. So the complainant approached the O.ps to quash the illegal Sundry charges but in vain which  comes within the purview of deficiency in service as well as unfair trade practice of the O.ps. Hence this complaint.

            Upon notice, the O.ps appeared and filed their written version jointly through their learned advocate.

            In reply, in the written version, the O.ps were stating that , the complainant is one domestic consumer of the O.ps. The complainant ‘s old electrical meter was found defective since May,2019. Thus the load factor bills of 144 units was charged on the complainant by the O.ps for which average units taken from September to November,2021. After installation of a  new electrical meter the bill have been prepared on actual meter reading basis on the new meter from December,2021. It is also stated by the O.ps that as per OERC Code the LF bills were revised on such average monthly units of consumption. As per calculation after revised the bills, the differential amount to be paid by the complainant comes to Rs.13,292.98 paisa. The complainant cannot deny such amount for payment. Hence there is no deficiency in service and unfair trade practice by this O.ps and prayed for dismissal of the complaint petition.

            Argument heard from both the parties. Carefully perused the pleadings and documents available on record and also gone through the written version filed by the O.Ps.

            After perusal of the entire case record, it is observed that since this C.C.case relates to a matter involved correction of bill the complainant should have approached GRF  as per recent decision of the Hon’ble Odisha High Court, Cuttack. Moreover, it is submitted by the O.Ps  that the complainant has not applied for change of old meter or installation of new meter during the LF period as he was consumed more than the LF bill charged which is detected on installation of a new meter by the O.ps. So the O.Ps has not committed any deficiency in service . Considered the submission of both the parties. The onus lies on the complainant to prove his case. In the instant case, in this regard the complainant had not produced a single scrap of papers to prove his case except one Xerox copy of a Electricity bill,   wherein the words & letters are not clear/ invisible.

            From the above discussion, the present consumer complaint is not maintainable before this Commission and is  hereby dismissed. The complainant is at liberty to approach an Appropriate Forum for redressal of his grievances.

            Accordingly, the C.C.No.207/2022 is disposed off. No order as to costs.

            Pending Interim Application ,if any,shall  also stands disposed off.

            Issue extract of the order to the parties concerned .

            Judgment pronounced in the Open Commission on this the 25th   day of January’ 2024.