Orissa

Jajapur

CC/37/2015

Arjuni Panda - Complainant(s)

Versus

J.E Electrical Section Binjharpur - Opp.Party(s)

Srinibas Pati

26 Aug 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                                                                 

        Dated the 26th day of August,2015.

                                        C.C.Case No.37 of 2015

Arjuni Panda,S/O Parikhita Panda

At/P.O. Kapila ,P.S. Binjharpur

Dist.Jajpur                                                                                                             ……………Complt.

                                        Versus.

1. J.E, Electrical,Binjharpur.

2. S.D.O,Electrical Section ,Binjharpur.                                                   

                                                                                                                       ……………..Opp.Parties.                                                                                                                                                                                                                                                                                                                                         

For the Complainant:              Sri  Srinibas Pati, Advocate.

For the Opp.Parties                Self.

                                                                                                 Date of order:   26. 08. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                         The petitioner has filed the present dispute alleging deficiency in service on the part of the O.Ps.

                        The fact relevant in the present dispute shortly are that as per complaint petition the petitioner is a domestic consumer under the O.Ps. bearing consumer No.423080646. . The petitioner was paying the electrical dues of the O.Ps. regularly .

                        That in the month of February-2015 the petitioner suddenly received a inflated bill from the O.Ps amounting to Rs.13,106/- . Thereafter the petitioner approached the O.Ps. through written application regarding correction of the wrong inflated bill. But the O.Ps. threatened that if the arrear dues will not be deposited in time ,the power supply will  be disconnected from the premises of the petitioner

                        Accordingly finding no other way  the petitioner has filed the present dispute  with the prayer to direct the O.Ps. for correction of the inflated electricity bill and not to disconnect the power supply from the premises of the petitioner till disposal of the present dispute.

                        After notices the O.Ps. have appeared and filed their written version denying the allegations of the petitioner. In the written version the O.Ps. have taken the following the defence:

                        There is no such consumer existing as Arjuni Panda bearing consumer No.423080646 ( as stated in the petition) . However , we traced Arjuni Panda from Kapila Village whose consumer No.BR2369RJ(6124 2302 0646) and who became a consumer since December’2011 under RGGVY scheme. The petitioner is a consumer under Rajiv Jyoti Scheme pertaining to Binjharpur-11 Electrical Section and his consumer No.BR2369RJ. The petitioner  has an arrear amount of Rs.15,203.13/-  up to Apr’2015  . As per office  records the details of petitioner  energy bills and payments their of made by petitioner  is enclosed herewith for details ascertain of payment as well as outstanding of the respective petitioner.

                        The meter of the petitioner was got defective during Dec’2012 due to excess load. The petitioner  has connected more load than the load prescribed to him and from that period the billing was being made on average basis. The petitioner has never complained regarding his matter before us. After three months billing with the new meter the energy bill of the complainant will be revised as per Departmental norms. More over, the complainant is paid only Rs.1000/- from Dec’12 to Feb’15.

                        In view of the above pleadings we have perused the record along with documents and ledger copy filed by both the parties in details and inclined to dispose of  the dispute as per our observation given below:-

                         It is cristal clear that the O.Ps. admitted in their written version supported with the ledger copy from the side of the O.Ps that the energy charges has been assessed on average basis which is contrary to regulation -86 and 93(8) of OERC code-2004.

                        In the above observation from our side we dispose of the dispute as per the order given below:-                                     

                                                            O R D E R

                   In the net result the dispute is disposed of . The O.Ps. are directed to revise the provisional / load factor inflated electricity bill of the petitioner by installing a new tested meter in place of the defective meter of the premises of the petitioner from January-2013 till installation of new meter as per section -97 of OERC Code-2004 within three months after receipt of this order. As regards arrear of electricity bill of the O.Ps they may recover the same after the revision  as per law. No cost.

         This order is pronounced in the open Forum on this the 26th day of August ,2015. under my hand and seal of the Forum.                                                                                                             

 

 

(Shri Biraja Prasad Kar )                                                            (Shri Pitabas Mohanty)                                                         

            President.                                                                                       Member.                                                                       

                                                                                       Typed to my dictation & corrected by me                                                                                                                                                            

 

 

 (Miss Smita Ray)                                                                      (Shri Pitabas Mohanty)                                                          

        Member.                                                                                         Member.