Jharkhand

Bokaro

CC/17/110

Arun Kumar Gupta - Complainant(s)

Versus

Jharkhand State Electricity Board - Opp.Party(s)

Sanjay Kapoor

11 Mar 2019

ORDER

This case is filed by Arun Kumar Gupta on behalf of Akhil Kohli, Propriter of Jharkhand Tar Product for an order to cancel bill of September and to issue new bill based on meter reading, for further order to rectify O.P. 11000 Volt wire and get it shifted through other pole and compensation of Rs. 20,000/- as compensation.

2          The case of the complainant is that he is an employee in Jharkhand Tar Product and he is duly authorized by its proprietor Akhil Kholi to file this case.

            On 07-09-2016 at 3:45 P.M. the wire of 11000 V. running 3 feet above the wire of 440 V. Wire from where the connection has been given to the factory, had fallen over the wire of 440 V. wire causing damage to the electric panel to the factory and closure of the unit.

             Earlier also this type of occurrence had caused heavy damage and closure of the factory unit causing loss. Information of the occurrence was given by letter dt. 08-09-2016 to asst. Electrical Engineer, Balidih Industrial Area, Bokaro but O.P. has not shifted the wire of 11000 V. Hence, this case filed.

3  The Floowing Documents are filed in Support.

            Anx-1- To 1/3- Copy electric bills.

            Anx-2 To 2/1-  Copies of letter dt. 08-09-2016 and 14-09-2016

            Anx-3- Copy of requisition for transformer.

            Anx-4- Copy of gate pass

            Anx-5 to 5/1- copies receipt of deposit of bills.

            Anx-6- Copy of legal notice.

4          O.P. Jharkhand Bijili Vitaran Nigam Ltd. along with other  O.Ps. appeared and a joint written  statement is filed.

            It is not denied that Jharkhand Tar Product is not a consumer. It is admitted that bear and tear of electrical line is a normal phenomenon. It is submitted that as per common practice 11 KV line and L.T. line both are running on the same pole and as such there is no lapse on the part of O.P.

            The enclosed letter do not indicate that Consumer has taken any burden except informing the department. The transformer issued from store has been installed. The delay in replacement and starting of the transformer is normal procedure, for that O.P. cannot be held liable for delay deliberately.

            It is submitted that when meter is not working, average billing is made based on installed load and as such there is no fault of the O.P. But if the consumer feels higher billing is charged, he is advised to apply the department along with estimated consumption which will be considered by O.P.

            Thus, There is no deficiency of  the part of O.P. and the case is liable to be rejected.

            No documents is filed by O.P.

 

 

FINDINGS

5          We perused the record and the documents filed the complainant representing the proprietor Akhil Kohli shows that he is a Consumer and disputes is a Consumer dispute.

6          The O.P. is his w.s. says no legal notice of the Complainant is received as there was no proper address.  On perusal of the Anx-6 it appears that the notice was sent to S.D.O., Jharkhand State Electricity Board at Chas and he could have formed to the concerned authority to redress the grievance and an such this plea of O.P. for non reply of the notice is not accepted.

7          Assuming this normal practice of wire of 11 KV and L.T. line on this same pole is correct as well as bear and tear of the electric wires but it is strange that due to bear and tear the wire of 11 KV which had fallen on L.T. line through which electric connection has provided to the consumer, caused heavy damage to the electric panel rendering the stoppage of the factory, the O.P. Cannot escape from the liability to justify the damage caused, by saying it is the duty of the Consumer to rectify the damage caused due to fall of 11 KV wire on L.T. wire. This is clear deficiency in service and O.P. is liable for the same.

            However, it is acceptable the plea of O.P. to get the incorrect bill corrected through O.P. department on the basis of estimated consumption as per rule.

8          Thus, on the basis of the material available on the record, we hold that O.P. is liable for damage caused due to fall of 11 KV wire on L.T. line for which O.P. is to compensate the damage.

            Therefore, we partly allowed the prayer and O.P. is directed to pay Rs. 20,000/- as Compensation which is to be adjusted in the bill of the Consumer.

            Complainant is directed to submit his estimated Consumption as regards bill of the October and November 2016 before O.P. to consider the excessive bills O.P. is directed consider the grievance within 60days of this order.

            O/C is direct to deposit in record room.