Orissa

Jajapur

CC/25/2018

Giridhari Panda - Complainant(s)

Versus

J.E,Electriacl,NESCO,Binjharpur - Opp.Party(s)

Prashanta Ku Das

16 Oct 2020

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR.

 

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                        

                                              Dated the 16 TH day of October ,2020.

                                                      C.C.Case No.25 of 2018

Giridhari Panda ,S/O Late Jagabandhu Panda  

At. Chhandamunda ,P.O. Jari , P.S.Binjharpur  

Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       

                   (Versus)

1.J.E,Electrical, NESCO, Binjharpur, At/P.O/ Binjharpur ,Dt.Jajpur.

2.S.D.O,Electrical,NESCO,Binjharpur, At/P.O. Binjharpur ,Dt.Jajpur

3.Executive Engineer,Electrical ,NESCO, Jajpur .

                                                                                                               ……………..Opp.Parties.                                                                                                                                           

 For the Complainant:                                   Sri P.K.Das, Advocate.

For the Opp.Parties:                                     Sri P.K.Daspattnaik , Advocate.

                                                                                                               Date of order:  16.10. 2020                                                                          

 SHRI  JIBAN  BALLAV DAS,  PRESIDENT .                                                 .

Deficiency in energy service is the grievance of the petitioner.

            The fact relevant as per complaint petition  in short is that the petitioner is a bonafied consumer under the O. P bearing consumer no.28722-D ( domestic category ) since 1987 and subsequently  became   new consumer bearing  no .6124-2207-0157 . The petitioner is paying the electricity  dues regularly . In the mean time on dt.16.7.93  transformer  in the locality of  the petitioner was burnt and new transformer was installed on Dec-1995 .  During the period of transformer was burnt the O.Ps  are   demanding  illegal bill  of Rs.4,853.90p/- .  From  the above illegal demand the petitioner filed a C.D  case bearing no.214/97  before the DCDRF , Jajpur and disposed  by the Hon’ble DCDRF directing  the O.ps to waive out the illegal demand  of 4,853.90p/   along with compensation   amount of Rs 1,000/-  and also directed the O.Ps  to carry  out the above order within three months failing which 18 % interest  will be charged  on the  above awarded amount .  As against the  order , the O.Ps  filed C.D appeal no. 200/2000 before the Hon’ble SCDRC cuttack . The Hon’ble SCDRC  disposed of   the C.D  appeal on dt.20.03.06  passing the order  that the bill amount  of Rs 4,853.90p/-  i.e  transformer burning period has been  cancelled . By the District Forum has been set-a- side   and directed the  O.Ps to pay only a sum of Rs 1000/-  to the petitioner as cost  . That since 20.03.06 the ops have never paid  the awarded amount of Rs 1000/-  to the petitioner till today .

            That up to 21.6.09 no power supply was given to the petitioner by the O.Ps .  At last on  22.6.09 the O.P  supplied  the electricity  to the petitioner due to contempt proceeding filed by the petitioner before the High  court of Orissa .That now the O.P.no.2 has given  a disconnection notice bearing No. 238 dt.26. 2.18  to the petitioner demanding illegal  arrear bill a sum of Rs .51,324/-     from the petitioner ,failing  which,  the power supply shall be disconnected U/S  56  Electricity  Act 2003 .

             The petitioner is  never a defaulter to pay the electricity  bill dt. 22.6.09  till today .  The O.Ps  have sent   disconnection notice illegally to  harass the petitioner . That the petitioner is an  old man.  He is   suffering from hypertension disease , if the  power supply will be disconnected  by the O.Ps  , the petitioner shall suffer  irreparable  loss  and  injury      .Accordingly finding no other alternative the petitioner knocked the door of this commission with the prayer to direct the O.Ps  not  to disconnect  the power supply  from  the house of the petitioner till disposal of the case    and also direct the O.p   to  pay  compensation of Rs.20,000/-     due to harassment.

            After receipt  notice the O.ps have  appeared through their learned advocate  and subsequently filed their  written version  taking the following stands:

The case is not maintainable in the eye of law and the case is barred by limitation. The fact in para-1 is no way disputed and the fact  in para no.2,3,4,5 and 6 of the petition are all subject matter of record hence the petition is to proof the same under strict of law, hence the complaint neither admitted it nor denied the same. The fact in para no.7 of the petition are no way disputed by these O.ps. . The fact stated in para no.8 of the petition are all false and baseless. It is not correct to say that the petitioner is never defaulter before the O.P to pay the electricity will since 22.06.09 till date and the O.ps have send this disconnection notice illegally only to harass the petitioner. It is not correct to say that cause of action for the suit arose on 26.02,2018 when the O.P.no.2 sent a disconnection notice to the petitioner. The fact stated which are not specifically denied deemed to have been denied.

            The complainant is a domestic consumer under Balamukuli Electrical section and his consumer No.28722D (612422070157) with a contact load 1 K.W. As per claim of the petitioner there was transformer burnt on dt.10.07.1993 and fresh new transformer was installed on Dec-1995 for which Hon’ble Consumer Forum exonerated an amount of Rs.4,853.90/- .Be that as it may be at present the arrear of the consumer is Rs.51,850.62.00 as on March-2018 . As there was huge arrear shown as outstanding in ledger account for which disconnection notice was issued to the consumer for payment of arrear dues on dt.26.02.2018 . In the above stated of affairs the petitioner be directed to pay his dues.

            In the above state of affairs O.Ps are no way deficient in providing services to this complainant rather the complaint is playing hide and seek game with the O.p.

On the date of hearing we heard the argument from the learned advocate  of both  sides. After perusal of the record and documents specially ledger copy in details it is undisputed fact that the petitioner is a domestic consumer under the o.p .It is also undisputed fact that a  C.D case was filed in  this forum where in the Hon’ble forum directed the  O.Ps  to withdraw the amount of Rs .4,853.90/ ( transformer  burning period ) from the arrear amount of the petitioner along with to pay compensation of Rs 1000/- ( one thousand )  to the petitioner within 3 months  after receipt of this order .Thereafter the O.Ps  preferred an appeal against the above order before the SCDRC Cuttack  vide  C.D  appeal No. 200/2005 wherein the Hon’ble SCDRC directed  that

“ in view of the fact that the bill amounting to Rs.4,853.90.00 has been cancelled by the Dist Forum  we are inclined to set a side that part of the order  directing  the appellants to pay a sum of Rs.1,000/- as costs  .

Thereafter we verified the ledger copy filed  from the side of the ops ( as available before them ) we are astonished  to see that from Dec-2000 to March-2018  the entire billing was done by the o.ps on load factor basis and bill for  power supply has been provided  without meter reading which  is deficiency of service as per observation of Supreme court  reported in 1997(1) CLT-435-S.C.

            Accordingly we are inclined to hold that the O.P committed  gross negligence and deficiency in service to provide the electricity bill without proper meter reading . Hence the dispute is allowed against the o.ps.

O R D E R

            The dispute is allowed against the O.Ps on contest  . The ops are directed to install a tested meter in  the premises of the petitioner  within 7 days after receipt of this order and after taking the average meter reading as per clause -97 of OERC Code 2004 , the entire billing period will be  revised within 4 months after receipt of this order .The O.Ps  are also directed to send the revised bill  to the petitioner by Regd. Post,  failing which the O.Ps  shall label to pay 10,000/- ( Ten thousand )  as compensation to the petitioner .  The  petitioner is also directed to pay the electricity dues regularly. No cost.    

This order is pronounced in the open commission on this the 16th day of October,2020. under our hand and seal of the Commission.