Orissa

Jagatsinghapur

CC/2/2020

Sri Biswajit Beura - Complainant(s)

Versus

Junior Manager (Elect ) Elevtrical Setion Tirtol (CESU) - Opp.Party(s)

Mr.R.mohanty

24 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION JAGATSINGHPUR
JAGATSINGHPUR
 
Complaint Case No. CC/2/2020
( Date of Filing : 03 Jan 2020 )
 
1. Sri Biswajit Beura
At-Kadhanga po-Nadan Ps-Tirtol
Jagatsinghpur
...........Complainant(s)
Versus
1. Junior Manager (Elect ) Elevtrical Setion Tirtol (CESU)
At/po-Tirtol
Jagatsinghpur
2. Asst.Manager (commerce)Electrical Sub-Division Tirtol
At/po-Tirtol
Jagatsinghpur
3. Executive Engineer (Elect) Division CESU
At-paradeep Po-Paradeep
Jagatsinghpur
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. PRAVAT KUMAR PADHI PRESIDENT
 HON'BLE MRS. MADHUSMITA SWAIN MEMBER
 
PRESENT:Mr.R.mohanty, Advocate for the Complainant 1
 In Person, Advocate for the Opp. Party 1
Dated : 24 Mar 2023
Final Order / Judgement

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                  JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to issue correct electric bill after deducting Rs.14,511.36p which is otherwise illegal and arbitrary along with other necessary correction after verification of record and pay Rs.50,000/- towards the mental agony and harassment and Rs.10,000/- towards litigation fees”.

            The brief fact of the case is that, the complainant applied to the opposite parties for power supply for commercial purpose and after verification and complying all the provisions as per law, the opposite parties connected the power supply to the premises on 16.01.2013. Since then the complainant is enjoying the power supply on payments regularly. All of a sudden, the complainant received the electric bill for the month of February, 2018 showing therein an illegal sum of Rs.14,511.36p as adjustment charges, without giving any justification thereto, along with the usual monthly bill of Rs.797.36p and the usual bill of Rs.797.36p has been cleared on or before due date.

            Opposite parties have filed written version stating as under;

            It is true that the complainant got power supply on 16.01.2013 with installation of a tested meter after complying normal formalities of CESU terms with C.D. of 1.0KW. On 11.01.2018 the CESU MRT squad verified the consumer premises and found that the complainant used the total power supply for commercial use and the existing load found 2.0KW at the same time and enquiry has made by this office and found that due to typographical error by the Section Officer, the billing was made on domestic tariff. Hence, the assessment made in differential tariff amounting to Rs.14,511.39 as excess amount. In this regard a letter vide No.48 on 29.01.2018 was communicated to pay the excess amount in installment by this office. Verification was made on 02.11.2018 at the premises of the complainant and the existing load found 3.5 KW instead of 2.0 KW. As a result the MMFC and ASD assessed to Rs.13,275/-.

            In order to ascertain the truth we had called for the application form of complainant with regard to nature of power supply applied by complainant and we had called for the application form from the opposite parties but the opposite parties did not file the application form of complainant as directed on 27.5.2022.

            Since the opposite parties have failed to produce the application form as directed on 27.5.2022 we give the benefit of doubt to complainant and direct the opposite parties to charge the bill on domestic tariff. However if the complainant is using the premises/power supply in commercial activity then the opposite parties are free to convert it to commercial after giving opportunity being heard to the complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

 
 
[HON'BLE MR. PRAVAT KUMAR PADHI]
PRESIDENT
 
 
[HON'BLE MRS. MADHUSMITA SWAIN]
MEMBER
 

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