DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 2nd day of March, 2021
C.D Case No. 39 of 2019
Present 1. Shri Basanta Kumar Mallick, Presiding Member
2. Afsara Begum, Member
Sri Bijaya Bhusan Nayak
S/o Late Brusasan Nayak
Vill- Bagurai, Po- Bhadrak,
Ps- Bhadrak (T), Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
- The Junior Engineer, Section-1
Under Bhadrak North Electrical Division, Bhadrak
At/Po/Dist- Bhadrak
2. The Sub-Divisional Officer,
Bhadrak North Electrical Division, Bhadrak
At/Po/Dist- Bhadrak
3. The Executive Engineer,
Bhadrak North Electrical Division, Bhadrak
At/Po/Dist- Bhadrak
…………… Opposite parties
Counsel For Complainant: Muzahid Akter Khan, Adv & Others
Counsel For the O.Ps : Smt. G. Pradhan, Dy Manager (Legal) NESCO
Date of hearing: 01.03.2021
Date of order: 02.03.2021
BASANTA KUMAR MALLICK, PRESIDING MEMBER
The facts of the complaint are to the effect that the complainant is a bona-fide consumer under the O.Ps as he has been enjoying electric power connection from last 30 years and also has been paying energy bill regularly in every month without default. In spite of extreme sincerity with regards to payment of energy bill, the O.Ps served an energy bill on dt. 19.01.2019 for Rs 86,834/- which includes arrear amount of Rs 83,960/-. It is pertinent to mention that the complainant has paid an amount of Rs 2,649/- on 28.12.2018 vide money receipt No. 380516 as against the energy bill dt. 19.12.2018 does not contain any arrear amount as above. On receipt of the said bill the complainant personally met OP No. 1 & 2 and requested to revise the bill which is erroneous but all of his efforts failed as OP No. 2 refused to receive the written submission on the matter. On 22.03.2019 when the complainant was inside his house, all O.Ps, excluding OP No. 3, being associated with other persons entered in to the premises of the complainant and pulled down the electrical fillings and disconnected power supply to the premises. When the complainant asked the O.Ps as to why the power supply is disconnected, they failed to assign any reason rather left the spot in disconnecting power supply when the local people came out to protest illegal and unlawful action of the O.Ps. The O.Ps on the same day on 22.03.2019 at midnight connected the power supply of their own accord. Since then the complainant in several times requested OP No. 2 for revision of the bill but the said OP turned a deaf ear to initiate any action rather behaved in a very odd manner inside his office which was very much shocking. Being aggrieved with the attitude and behavior of OP No. 1 & 2, the complainant served a legal notice through his advocate, calling upon revision of the fake and illegal arrear energy bill, on 23.05.2019 which was received by the O.Ps on 24.05.2019 but did not prefer to initiate any action that compelled the complainant to raise dispute in the Dist. Commission praying for a direction to O.Ps to revise the arrear bill in exempting the fictitious amount shown as arrear and to pay cost and compensation for mental agony and harassment.
O.Ps resisted the pleadings of the complainant and contested the case. At the outset the O.Ps filed a petition with written version on the point of maintain ability of the case in the Dist. Commission and the Commission has no jurisdiction to adjudicate the case with reference to the decision of Hon’ble Supreme Court in the case between U.P Power Corporation Ltd. Vs. Anish Ahemed dated 01.07.2013. It is also further raised by the O.Ps that the dispute relating to assessment U/s 126 of Electricity Act once done and final order communicated, the said case is not maintainable in the Dist. Consumer Commission and hence liable to be dismissed. Simultaneously the O.Ps also cited the decisions of Hon’ble National Commission and State Commission, Odisha those speaks of non-maintainability of the case in the Dist. Consumer Commission. O.Ps also raised the point on the consumer account number mentioned in the complaint and legal notice are different for which the complaint is liable to be dismissed and the reliefs prayed for in the complaint cannot be granted. In the above backdrop the complaint is devoid of merit and liable to be dismissed.
1. Heard the parties to this case and perused materials on record. At the outset of hearing the O.Ps cited the decisions of Odisha State Commission, National Commission and Hon’ble Supreme Court in different cases and cited a particular decision relating to case of Anish Ahemed Vs. UP Power Corporation wherein all the Courts have upheld the case is not maintainable in Consumer Forum/Commission. The complainant objected the contentions of the O.Ps and invited the attention of Dist. Commission to the fact that the case of Anish Ahemed Vs. UP Power Corporation is not applicable in the present context as the complainant of the said case was a commercial consumer utilizing the power in commercial unit. But in the present case the complainant is a domestic consumer for which the said decision does not hold good and befitting in the present context.
2. The complainant also contended that charging of huge arrear and disconnection of power supply to the premises is the outcome of strong resistance of the public of locality and the O.Ps for the said reason have become aggressive to take revenge, for which they have charged such huge arrear amount which is absolutely false and charging of huge amount as arrear has provided mental tension and destruction of peace of mind of the complainant.
3. The complainant has also contented in expressing the facts of service of preliminary and final assessment order upon the complainant is absolutely false and an afterthought concept contemplated by the O.Ps to hide their fault at the time of disconnection of power supply. It is also submitted by the complainant that the action of disconnection of power to the premises of the complainant and further connection of power of their own accord creates suspicion. It is believed by the complainant that the O.Ps have restored the power supply because of the bite of their conscience for the mistake they have committed on false ground. On the other hand O.Ps vehemently opposed the submission of the complainant in stating that the notice of preliminary assessment and final assessment has been served upon the complainant. The complainant has received the preliminary assessment notice with proper acknowledgement and also challenged the final assessment order of the O.Ps but did not appear before the assessing authority to submit his argument as to why the assessment is false and illegal. On the contrary the complainant submitted in stating as to he has not received any assessment order which needs to be proved by the O.Ps. On verification of documents on record it is observed that the O.Ps have failed to substantiate the contentions with documentary evidence and therefore it is proved that the objection of O.Ps is not sustainable.
In the above premises and taking the evidences in to consideration this Dist. Commission arrived at the conclusion that the arrear amount charged on the complainant is illegal and need to be exempted. Hence ordered;
ORDER
In the result, the complaint be and the same is allowed with cost and compensation. O.Ps are directed to issue revised energy bill exempting the arrear amount of Rs 83,960/- and also directed to pay Rs 4,000/- as compensation for mental agony and harassment and Rs 1,000/- as cost of litigation within 30 days from the date of receipt of order.
This order is pronounced in the open Commission on this day of 2nd March, 2021 under my hand and seal of the Commission.
