DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C.NO.32 OF 2017
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member .
Sri Purna Chandra Tripathy - Member .
Sri Sudam Charaan Behera , aged 40 years
S/O: Tankadhar Behera working as
peon State Consumer Dispute Redressal
Commission, Cuttack Dist : Cuttack ……………………….. Complainant.
Versus.
3. Junior Engineer,
Electrical, Phulbani, Division, southco
At/PO/PS: Phulbanbi Town Dist: Kandhamal
2. S.D.O, Electrical, Southco, Phulbani Division
At/PO/Ps: Phulbani Town Dist: Kandhamal
3. Executive Engineer, Southco Division,
Phulbani At- Near Income Tax Office
Po/PS:Phulbani Dist : Kandhamal …………………………….. OPP. Parties.
For the Complainant: Sri Manoj Kumar Sahoo, Advocate, phulbani
For the OPP. Parties: Sri H.Ch. Maharana, Advocate,Phulbani.
Date of Order: 31-01-2018
O R D E R
The case of the Complainant in brief is that he had availed a power supply to the Govt Quarter vide No. F/11 situated at New LIC Colony, 4th Lane, Kendupadar in the Phulbani Town bearing Electrical Consumer no. 1005/E-399. On 01-01-2015 he transferred to State Consumer disputes Redressal Commission Cuttack on deputation and vacate the room in the month of May 2015. During that period he submitted an application before the O.P No.1 to disconnect the power supply of the said quarter but the power supply was disconnected in the month of September 2015 by O.P No.1.Then neither the final bill nor the no dues certificate was issued to him by the O.P No.1 &
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2 , as a result of which he deprived to get HRA at the rate of 5 % and the quarter rent amounting Rs. 103/- per month has been deducted from his salary in every month .He also loses the HRA@20% or Rs. 2,000/- P.M which is admissible to him. So, due to negligence of the O.Ps he is suffering financial loss amounting Rs. 2565/- P.M for last 20 months which is about Rs. 51,300/- He approached the O.ps several times but no steps were taken by them.
His further case is that in the year 2012 as the power supply was disconnected he approached the O.P No.2 to restore the power supply. As per instruction of the O.Ps he deposited Rs. 10,000/- along with Rs. 150/-towards reconnection fees on 19-03-2014. He also purchased a new meter and handed over to the same to the O.P No.1. On 02-07-2014 power supply was restored to his quarter by O.P No.1 & 2. The O.ps charged the arrear amount of Rs. 22,000/- for the period from March 2012 to March 2014 without taking into account the deposited amount of Rs. 10,000/- on 19-03-2014 and the disconnection period of 2 years .The billing amount for the period of April 2014 is 21,511/- and 22,469/- for the month of May 2014 . Hence, the O.Ps committed gross negligence and unfair trade practice for which the Complainant is suffering mental agony and financial loss. This complaint was filed by him for a direction to the O.ps to issue proper bill for the period of April and May 2014 to September 2015 till the disconnection of power supply and to issue no dues certificate. He also prays to adjust his payment of Rs. 10,000/- on 19-03-2014 and to pay Rs. 51,300/- towards his financial loss along with compensation of Rs. 10,000/- and 5,000 towards litigation cost.
The case of the O.Ps as per their joint version is that the Assistant Manger Electrical disconnected the power supply for the quarter of the Complainant and submitted the meter verification report along with final meter reading to the office of the sub divisional Officer for preparation of final bill and to issue no dues certificate . Accordingly the final bill prepared and intimated the Complainant about final bill amounting Rs. 28,016/- and instructed him to pay the same and the NDC will be issued after the payment of the same. But as the Complainant remained silent towards payment of said dues, the O.Ps did not issue NDC to the Complainant. It is admitted that the Complainant deposited Rs. 3,000/- on 07-03-2012 and Rs. 10,000/- on 26-03-2014 along with reconnection charge of Rs. 150/- . The said deposited amount were adjusted in the bill of March 2014 and after adjustment the balance amount of Rs. 20,645.31 as on March 2014 was lying unpaid. The final bill was prepared amounting Rs. 28,016/- and submitted to the Complainant in time. So, the O.P have not shown any negligence while tendering their service to the complainant, for which the complaint may be dismissed with cost.
We have heard the learned counsel appearing for both the parties. We have gone through the complaint petition, the joint version filed by the O.ps and the documents filed by both the parties in support of their case. The Complainant has challenged the bills supplied to him for the month of March, April and May 2014 as the power supply was disconnected to his government quarter since the month of March 2012. On perusal of the bill for the month of March 2014 it is seen that the bill amount was Rs.20, 645,31ps.It is also seen from the said bill that the outstanding amount of Rs. 19,603,28ps was against the Complainant till March 2013. Neither the Complainant nor the O.P
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has filed any bill prior to March 2014. It is the settled principle of law that the electricity charges can not be recovered from more than 2 years from the due date as per section 56(2) of Electricity Act 2003. Hence, the complaint filed by the Complainant is allowed in part.
It is seen that the disputed bill for the month of March 2014 was supplied to the Complainant on 21-04-2014. So, the O.Ps can recover the bill amount for the period of 20-4-2012 to 20-04-2014. Hence, the O.Ps are directed to issue fresh bill for the period of 20-04-2012 to 20-04-2014 by rectifying the bill supplied to the Complainant for the month of March 2014 verifying the period of disconnection of the power supply within 30 days from the date of receipt of this order . The O.Ps shall prepare the current bill till May 2015 as the Complainant vacated the government Quarter in view of his transfer from Phulbani to Cuttack.
With the above direction the C.C is disposed- of. Supply free copy of this order to both the parties at an early date .
MEMBER MEMBER PRESIDENT
