Orissa

Jajapur

CC/30/2019

Jagmuddin Khan. - Complainant(s)

Versus

Junior Engineer,NESCO,Utility,Binjharpur Section-I. - Opp.Party(s)

Akhil Mohan Das,Sulekha singh

26 Jun 2020

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das, President.

                                                                            2.Sri Pitabas Mohanty,  Member,

                                                                            3.Miss Smita Ray, Lady Member.                                                                 

                                          Dated the 26^th day of  June,2020                                                   

                                                          C.C.Case No. 30  of 2019

Jagmuddin Khan , S/O Gayasuddin Khan   

At- Sayedpur (Mehboob Mohalla)

 P.O/P.S.  Binjharpur  , Dt.Jajpur 

                                                                                                                  ……....Complainant .                                                                                                      

                                                  (Versus)

1. Junior Engineer, NESCO Utility ,Binjharpur ,section -1 At. Sayedpur ,P.S.Binjharpur, Dt. Jajpur
2. Executive Engineer, NESCO, Utility , Jajpur .
3. S.D.O, Electrical Binjharpur ,At/P.O. Balamukuli ,P.S. Binjharpur, Dt.Jajpur.

                                                                                                                                ……………..Opp.Parties.                                                                                                                                                           

For the Complainant:                              Sri A .M, Dash ,  Advocates  .

For the Opp.Parties :                               Sri Bishnu     Rout, JTED     

                                                                                                     Date of order:  26 .06. 2020.

SHRI  JIBAN BALLAV DAS   ,  PRESIDENT   .

The petitioner has filed the present dispute against the O.Ps  alleging deficiency in service .

            The facts as stated by the petitioner in the complaint petition shortly are that the petitioner has been selected for providing power supply under the Ujjyola Govt scheme . It is the most shocking fact that the Dept. without connecting power supply to the house of the petitioner the O.P claim illegal electric payment by serving electric bills dt. 23.11.18 and 12.01.19 on average basis . Thereafter the petitioner raised objection regarding the illegal claim without power supply . Subsequently the petitioner informed the higher forum for remedy but the O.Ps   turn a deaf ear to the request and threaten the petitioner if the real  payment is  not made and request to connect power supply has been turned down. Therefore, the petitioner placed  his grievance to the C.M.Odisha  , Chief Executive Engineer  for proper investigation the matter under Ujjyola scheme .The petitioner received two electric bills  of Rs. 514.00/ without power supply . Accordingly finding no other alternative the petitioner knocked the door of this Fora  with the prayer that  necessary order may be passed with direction to  the  Deptt. not to demand payment  under false  illegal bill.

            After notices the O.Ps have appeared and  subsequently filed thieir written version . taking the stand that the petioner claim of selection of power connection under Soubhagya scheme  to the petitioner house was true . The petitioner also submit  his AADHAR NO.267351031019 before the J.M ( Elect) Binjharpur -1 for new consumer to be made under soubhagya scheme and which was uploaded  in the soubhagya portal for necessary consumer . But  at the time of giving physical power supply the right of way problem was occurred  for which power supply could not be given and as per rule “ Right of way is the sole responsibility of the consumer .

            After occurrence of Right of way problem the billing of the consumer has been stopped

            That the petitioner objection towards claims of electricity  bill to him is purely false and fabricated as there is no physical power supply was given to the consumer premises for which asking of payment towards monthly electricity  bill is fake .

            In view  of the above, necessary order may please be given to the petitioner to solve the Right way problem and apply fresh application for new consumer as the Soubhagya  scheme has already been closed.

            On the date of hearing we heard the argument from the side of the petitioner.

            After perusal of the record and documents in details the O.Ps himself admitted that the petitioner has been selected under Ujjyola Govt. scheme was true. The petitioner also claimed that without  supplying the electric connection the house of the petitioner ,the O.p illegally claimed the electric bills. The O.p also admitted that the power  supply is not connected the house of the petitioner under Shoubhagya scheme . Hence necessary order may be given to the petitioner to solve the right of way problem and submit  fresh application for new consumer as the  Shoubhagya scheme  has already been closed.

            As per the above observation it is our considered view,  that without providing the power supply the O.Ps illegally assessed  the electricity bill which is not only deficiency in service but also unfair trade  practice .

Hence this order :

            The O.ps are directed to provide the power   supply  to the premises  of the  petitioner within one month after receipt of this order , failing which the petitioner can take steps as per law. The petitioner is also directed to solve the   right  way problem and submit fresh application for electricity consumer. No cost.    

            This order is pronounced in the open Forum on this the 26th  day of  June ,2020. under my hand and seal of the Forum.