Orissa

Jajapur

CC/41/2018

Gandu Perae - Complainant(s)

Versus

J.E.Electrical,J.K.Road - Opp.Party(s)

31 Aug 2018

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das, President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                          

                                                   Dated the 31st day of August,2018.

                                                      C.C.Case No. 41 of 2018

Gondu Parein   S/O Murali Parei

Vill . Konter  , P.O. Purbakote   

P.S. Korei,   Dist.Jajpur.                                                                                     ……….complainant .                                                                       

                          (Versus)

1.J.E,Electrical J.K.Road, At/P.O. Dhabalgiri, Dt.Jajpur

2.S.D.O,Jajpur Road, Electrical ,At/P.O. Dhabalgiri, Dt.jajpur.

3.Executive Engineer,Electrical ,J.K.Road, At/P.O.Dhabalgiri

Dt.Jajpur.                                                                                                                  …………………..Opp.Party.                                                                                                                                                     .                                                            

For the Complainant:                                      Self.

For the Opp.Parties   :                                    Self.                                                                                         

                                                                                                      Date of order:   31. 08. 2018.

SHRI  JIBAN BALLAV DAS,PRESIDENT .

Deficiency in electrical service is the grievance of the petitioner.

            The facts  relevant as per complaint petition shortly are  that the petitioner  is an inhabitant of vill. Konter  ,P.O.Purbakote  P.S. Korei, Dt. Jajpur  and he is a very poor and by profession a daily labour . In  the mean time he became a consumer under  the O. Ps   as APL category but the O.P disconnected his electric connection from 14 th Feb 2014 and demanded  illegally as  outstanding arrear of Rs 40,000/- .The petitioner also stated that the Govt .including him as an  BPL beneficiary and his BPL No. 6/1297  and he remained in  darkness    without electricity from 14^th   Feb-2014 and his  children   are  facing much trouble  for  study without electricity .  The ( J.E )O.P.1 threatened   and misbehaved with  him  for the arrear amount of Rs.40,000/- and stated  that if he will not pay the arrear  dues he will not  provide electric connection   and  till date electric connection has not been provided to the petitioner .  Accordingly the petitioner knocked  the door of this fora with the prayer  to direct the O.P   to waive out the  outstanding amount  and also direct  the O.P to provide  electric supply  to him, as a BPL category .

            After notices the O.P.no.2  himself appeared   and filed their written version .

            In the written version the O.p.no.2 stated that the petition of the petitioner is not clearly understandable and also the consumer has not mentioned his consumer number .However, after scrutinizing the official ledger it is found that, Gandu perai is a Domestic consumer bearing consumer No.KRI 3283D (New Acct. Binder No.611122140260 ) with a C.D of 1.0 KW.

He is a consumer since November-2007

And the  outstanding amount is Rs.41,721.05 up to April-2018

That he has been enjoying electricity since the date of power supply and during the verification  by  J.M Electrical, Korai on dt. 05.06.2018 it was found that he is using electricity.

In view of the above, the necessary order may please be given to the petitioner to make payment of his arrear electricity dues which is rs.41,721.05 up to April-2018.

            On the date of hearing we heard the argument  from the O.P . After perusal of the record and documents as well as ledger copy filed from both the sides we observed that it is undisputed fact  that the petitioner  is a electrical consumer before  the O.P  vide consumer No. KRI 3283D with   contract demand of 1 k.w

 It is also undisputed  fact that  as per statement of ledger copy the petitioner failed to pay the  electricity dues regularly .

It is also a fact that the petitioner  claimed that the  O.P has disconnected  the power  supply from   18.02.2014  but as per ledger copy  filed from the side of the O.Ps.  it is  observed that the petitioner paid arrear  electricity dues Rs. 1300/- on  29^th  Nov - 2014  vide M.R.No.825113 on 29^th Aug -2014 and Rs.2000/ vide RM.R No. 434859 on 30Dec,2015 and rs.1200 vide M.R No.379982 on dt.31.03.16  and  Rs 850 vide M.R No.893892 on dt.31^st Dec 2016  and lastly Rs. 1350/- vide M.R No.   698595 on dt.31`.03.17 .Hence the only quarry is whether the petitioner is  paying  the electricity dues without any electricity .

In the above peculiar circumstances owing to assertion and counter assertions ,we verified the ledger copy which was filed from the side of the O.Ps and it reveals that entire period of electricity bill has been prepared in average/ load factor basis which is clear violation of Regulation 86 and 93(8) of OERC Code-2004. Hence we are inclined to hold that the O.Ps have committed

patent deficiency of service in view of the observation of Hon’ble National Commission and Hon’ble State Commission reported in 2008(2) CPR-318-N.C ,2005(2) CPR-623-Raipur,2013(1) CPR-62-Rajsthan. As such to meet the ends of justice we dispose of the dispute.

Hence this Order

Without drawing any adverse inference we direct the O.Ps to revise the electricity bill of the petitioner after installing a new tested  meter in the premises of the petitioner as per Regulation -97 of OERC Code-2004  and served the revised electricity bill to the petitioner within four months after receipt of the order. The O.ps also advised to provide the BPL power supply to the petitioner as per law. No cost.

                               

This order is pronounced in the open Forum on this the 31st day of August,2018 under my hand and seal of the Forum.