Orissa

Jharsuguda

CC/60/2018

Sri,Bhikari Charan Patel S/O- Lata Ishwar Chandra Patel. - Complainant(s)

Versus

Jr,Engineer(Elect.)WESCO,Bamara - Opp.Party(s)

R.K.Sriwas

14 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER COMPLAINT CASE NO. 60 OF 2018

Bhikari Charan Patel,(70 Yrs.),

S/O: Late Ishwar Chandra Patel, Occu: Cultivation,

RO: Bhagapada, PO: Kechupani via-Bamra,

Dist- Sambalpur, Odisha, Pin No.768 221…………..……………..…..……. Complainant.

     

                                           Versus 

 

1. Junior Engineer(Electrical ) WESCO, Bamra,

Alok Kumar Singh (Bamda Incharge),

At/PO: Bamra (Govindpur), Pin No.768 221,

Dist: Sambalpur, Odisha.

 

2. Executive Engineer,(Elect),WESCO,Beheramal,

Dist: Jharsuguda, Odisha, Pin No.768 201................................. Opp. Parties.

 

Counsel for the Parties:-

For the Complainant                          R.K.Sriniwas,Adv.  

For the Opp. Parties                          None(Ex-Parte).

 

Date of Order: 14.08.2018

Present

                                       1. Shri Sundar Lal Behera, President.

                                       2. Shri Santosh Kumar Ojha, Member.

                                       3. Smt. Anamika Nanda, Member (W).

 

Shri Sundar Lal Behera, President :- Complaint in brief is that, the complainant Sri Bhikari Charan Patel is a resident of Bhagapada is a consumer of O.Ps, WESCO Electricity Company who has obtained electric connection under domestic category being supplied by O.Ps.  He claimed to have paid electricity bills to the O.Ps regularly.  But due to frequency power cut in his village the complainant along with other villagers made complaint for proper maintenance of the electric line and for taking revenge on him due to that mass complaint lodged in the office of WESCO,Bamra.  The O.Ps Electric Company on a false ground of theft of electricity causing bye-pass on the meter has imposed a fine of Rs.10,150/- only which was paid on dtd. 03.01.2018 on protest forcibly as the complainant in no time even on dtd. 18.01.2018 at the time of search has cause any bye-pass on the meter installed in his house.  The complainant alleges against the O.Ps. official who have force to pay the said amount without committing any offence under the electricity Act.  Alleging deficiency in service on the O.Ps. official claim Rs.61,150/- only as compensation.        

            The complainant in order to established his case and a claim he file copy of electricity bill for the month of March & April,2018, Money Receipt of Rs.10,150/- only dtd. 31.01.2018 with a xerox copy of mass complaint of the villagers along with himself.  The complainant has also filed his evidence an affidavit in support of his case.

    On notice of complaint the O.Ps did not appeared nor have filed their written version and accordingly the present case is to be decided ex-parte against the O.Ps.

 

The case and claim of the complainant as per the complaint petition along with evidence on affidavit has not been disputed by the O.Ps. due to their non-appearance before the Forum.  Accordingly the allegation made in this complaint duly supported by the documentary evidence along oral evidence as submitted by the complainant on record stand proved as those are neither rebutted nor controverted.  The complainant’s allegation duly supported by his evidence cannot be disbelieve and to have to believe that O.Ps. being the officers of WESCO must have impose penalty to the complainant on revenge motive as the complainant had signed on the mass complaint petition against the O.Ps.

 

In this circumstances, taking into consideration the evidence on record we hold the O.Ps. are to be guilty of deficiency in service in respect to the complainant. Accordingly they deserve punishment. Money Receipt of Rs.10,150/- only dtd. 31.01.2018 issued by the O.Ps.Wesco Company has established the factum of payment of the amount to them and the complainant is entitled to get refund of the said amount paid by him to the O.Ps.  The complainant must have sustained mental agony and harassment due to the said deficient act of the O.Ps. who force him to approach this Forum for his redressal of the grievance.

 

We, therefore, allowed the complaint ex-parte against the O.Ps. The O.Ps. are directed to jointly and severally to refund a sum of Rs.10,150/- ( Rupees ten thousand one hundred fifty) only to the complainant and to pay a sum of Rs.10,000/- ( Rupees ten thousand) only towards compensation including litigation costs.

 

The above stated directions shall be complied by the O.P/ WESCO Company within one month from the date of receipt of copy of this order, failing which the O.P/WESCO  Company shall be liable for interest @ 10% per annum on the aforesaid awarded amounts till realization.

 

Accordingly the case in hand is disposed of.

Order pronounced in the open court today the 14^th day of August’ 2018. Free copy of this order be communicated to the concerned parties as per rule. 

          I Agree.                             I Agree.                                                                                           

                                         

1. Nanda, Member( W)         S.K.Ojha, Member        S. L. Behera, President                  

                                     Dictated and corrected by me

 

       S. L. Behera, President