Orissa

Kendrapara

CC/12/2015

Bibita Samal - Complainant(s)

Versus

Junior Engineer,CESU - Opp.Party(s)

P.K.Mohapatra & Associates

28 Sep 2016

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/12/2015
 
1. Bibita Samal
W/o- Kangali Ch. Samal At: Ganjakul Po-Purustampur
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Junior Engineer,CESU
Enzen Global Solution Section-I,
Kendrapara
Odisha
2. S.D.O.Electrical Sub-Division
Kendrapara
Odisha
3. D.P.M. Enzen Global Solution
Section-I,Kendrapara
Odisha
4. Executive Engineer, Electrical Division
AT/Po/Ps/Dist.- Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 
For the Complainant:P.K.Mohapatra & Associates, Advocate
For the Opp. Party: P.K.Samal & Associates, Advocate
Dated : 28 Sep 2016
Final Order / Judgement

SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Deficiency in service in respect of providing inflated monthly energy bills are the allegations arrayed against Ops.

2.                  Complaint,  in brief reveals that complainant  is  a domestic category of consumer under Ops bearing consumer No.-501501687740. Complainant to avail power supply and as per the instruction of Ops installed a Alstom electric Meter bearing meter No.-9260818 and the meter is functioning till date in O.K. condition. It is alleged that ops installed the meter after one and half year and imposed minimum fixed charge which according to complainant is a unjust demand and complainant is a lesser user of electricity and the matter of illegal imposition of monthly energy bill was presented before the ops for consideration which was not settled. Though complainant was a regular on payment of her monthly energy dues, but on 13/02/2015 ops disconnected the power supply and took away the service, G.I. wire and other materials. Complainant being a senior citizen sustained mental agony for the illegal disconnection of the power supply and filed this complainant with prayer to reconnection of power supply, Cost of the service and G.I. wires etc and RS. 50,000/-  as compensation for mental agony along with cost of litigation.                                                     

3.                   Being noticed Enzen Global Solutions Pvt. Ltd. appeared on behalf of all Ops through their Ld. Causal Mr. P.K.Samal and Associates as per the MOU signed between the Enzen Global Solutions Pvt. Ltd.(Op No. 1&3) and CENTRAL Electricity Supply Utility CESU, (Op No.2&4). The Ops filed written statement denying the allegations and submitting the facts it is stated bills that the complaint’s monthly energy bills has been revised and as per the direction of this Forum on acceptance of RS. 1000/- power supply has been restored . The Complainant has to pay Rs. 1064/- till April-2015. It is also stated that except the payment of Rs. 700/- on 31/03/2016 complainant has not paid the current energybills for which an out standing of Rs.2037/- is pending per day as the complainant. It is categorically denied that the Ops have not removed or take away the service and G.I.wire of the complainant. The present complainant is filed with an ulterior motive and same is liable to dismissed with cost.                                                                                                     

4.             Heard the submission Ld. Counsel for Ops and case of the complainant on merit as the case was posted for peremptory hearing, It is an admitted fact that complainant is a domestic category of consumer under Ops bearing consumer A/C No- 501501687740. It is also admitted that the power supply has been disconnected and restored on the direction of this Forum. On presentation of attested Xerox copies monthly energy bill of complainant reflect that an amount of Rs. 5050/- is pending up to   January 2015 as an arrear out standing dues.  It is clear from the billing statement that Ops have revised the monthly energy bills of the disputed period and an amount of Rs. 2037/- is pending on the complainant till March-2016. Hence, it is clear that the grievance  of the complainant regarding revision of monthly energy bills have been complied by the Ops and complainant is availing the power supply by order of this Forum in I.A. case no. 5/15. So far the allegation of taking away of service and G.I.wire and other materials by the ops as alleged by the complainant no substantial evidence is put forth before this Forum to confirm the allegation. If it is a fact complainant is advised to take shelter on proper court of Law. The Interim direction passed in I.A. case no.5/15 is here by vacated and any amount paid by the complainant in connection to I.A. misc is to be the adjusted on the monthly energy bills of the complainant if not adjusted earlier.

                                                    Accordingly the complaint is disposed of.

                                           Pronounced in the open Court, this the 28th day of September,2016.

 
 
[HON'BLE MR. Sri B.K. Das]
PRESIDENT
 
[HON'BLE MR. sri Nayananda Das]
MEMBER

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