Maharashtra

Gondia

MA/14/11

DEVENDRA JAWAHARLAL SURYAWANSHI - Complainant(s)

Versus

M.S.E.D.C.LTD., THROUGH ITS JUNIOR ENGINEER (GRAMIN) SHRI. R.N.UMARE - Opp.Party(s)

MR.D.M.KOSARKAR

27 Apr 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GONDIA
ROOM NO. 214, SECOND FLOOR, COLLECTORATE BUILDING,
AMGOAN ROAD, GONDIA
MAHARASHTRA
 
Miscellaneous Application No. MA/14/11
In
Complaint Case No. CC/14/93
 
1. DEVENDRA JAWAHARLAL SURYAWANSHI
R/O.MENDHA, POST-THANEGAON, TAH.TIRODA
GONDIA
MAHARASHTRA
...........Appellant(s)
Versus
1. M.S.E.D.C.LTD., THROUGH ITS JUNIOR ENGINEER (GRAMIN) SHRI. R.N.UMARE
R/O.OFFICE TIRODA, TAH.TIRODA
GONDIA
MAHARASHTRA
2. M.S.E.D.C.LTD., THROUGH ITS DY.EXECUTIVE ENGINEER
R/O.SUB-DIVISIONAL OFFICE TIRODA, BEHIND TAHSIL OFFICE, TIRODA. TAH.TIRODA
GONDIA
MAHARASHTRA
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. ATUL D. ALSI PRESIDENT
 HON'BLE MS. VARSHA O. PATIL MEMBER
 
For the Appellant:MR.D.M.KOSARKAR, Advocate
For the Respondent: MS. SUJATA TIWARI, Advocate
ORDER

The complainant has filed Misc. Application for reconnection of electric supply which has been disconnected by O.P. without due process of law.

          The counsel for applicant Adv. D.M.Kosarkar submits that the applicant has paid all bills regularly.  The meter was faulty as shown in bill since August 2014 to December 2014.           Therefore, the complainant sought for correction in bills.  The O.P. without any intimation, notice disconnected the electric supply of the complainant who is beneficiary having jurisdiction and locus standi to agitate the complaint.  Hence by installing meter the electricity supply shall be ordered to be connected.

          The counsel for O.P. Adv. Sujata Tiwari submits that the meter was in the name of husband of applicant hence she is not consumer.  The O.P. has rightly disconnected the electric supply for non payment of arrears of bill of Rs. 15970/- for December 2014.  There was theft of electricity in meter hence after inspection and spot panchanama the offence punishable under section 135 of electricity act is registered in police station.  The applicant has not made any complaint about faulty meter previously before O.P.  Hence the interim application shall be dismissed.       

            The applicant is beneficiary of electricity after the death of her husband hence beneficiary is consumer.  The electric bill for the month of August, September, October 2014 shown as faulty meter and therefore average bill is paid to applicant. As per electricity Act, 2003 it is the duty of O.P. to see when there are more than three bills are as of faulty meter then suo-moto action should be taken and necessary repairs in meter shall be carried out.   But O.P. has not taken the requisite steps similarly no notice of disconnection is issued accordingly to law hence the act of O.P. is at this stage is arbitrary.  For immediate necessity till the disposal of the case it is necessary to reconnect the electric supply of the applicant till decision of case by depositing of Rs.5000/- towards arrears of the bill and the applicant shall regularly pay the subsequent bills regularly.  Therefore, following interim order came to be passed in favour of applicant with following order  :-        

                                             O R D E R

1.       The non-applicant shall restore the electricity supply to     applicant after deposit of Rs. 5000/- towards arrears of          the bill and   disputed bill of December2014 of Rs. 15970/-           within 15 days from the date of this order.

2.       The applicant shall pay further bills regularly till disposal   of the case.

3.       No order as to costs. 

 
 
[HON'BLE MR. ATUL D. ALSI]
PRESIDENT
 
[HON'BLE MS. VARSHA O. PATIL]
MEMBER

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