MRS RAJASHREE AGARWALLA, MEMBER-
Deficiency in service in respect of illegal disconnection of power supply are the allegations arrayed against the Ops.
2. The case of the Complainant in brief reveals that, complainant is a domestic category of consumer under Ops bearing No. 001630395 and Complainant is serving under Govt. of Odisha. The Ops on dtd. 3/1/2017 issued a disconnection Notice for payment of arrear outstandings of Rs. 31,627/-, though the complainant was paying the current monthly dues regularly. On dt. 4/3/17, the staffs of Ops disconnection the power supply to complainant’s premises, without any ‘Notice’. It is stated that, inspite of requests and on after of payment of Post-dated cheque of Rs. 2,000/-, the staffs of the Ops did not restore the power supply and demanded Rs. 20,000/- towards payment of arrear outstanding for restoration of power supply. As the Complainant’s daughter was appearing H.S.C. Examination, she suffered a lot for non-supply of electricity. Complainant alleging the actions of disconnection of power supply as deficiency in service files the present complaint seeking directions of this Forum to fix easy monthly installments for payment of arrear outstandings and needs further direction to Ops to pay Rs. 10,000/- as compensation for mental agony.
3. On receipt of Notice Ops appeared through their Ld. Counsel and filed joint written version and justifying the disconnection of power supply on dt. 3/1/2017 averred that as huge arrear outstandings are pending on the Complainant-consumer and under Rule-100(1) of OERC, Regulation-Code-2004(Disconnection of Service), the Ops after due service of Notice disconnected the power supply. It is also averred that an amount of Rs. 56,768/- is pending on the complainant as arrear outstandings upto March-2016 and after revisions of arrear bills an amount of Rs. 13,183/- is pending on the Complainant till March-2018. It is also submitted that Ops have not committed any deficiency in service and the complaint is liable to be dismissed with cost.
4. Heard the complainant on merit and Ld. Counsel appearing for the Ops and perused the documents filed into the dispute. It is an admitted fact that Complainant is a domestic category of consumer under Ops bearing No. 001630395. It is also admitted that power supply had been disconnected to the complainant’s premises on dt. 4/3/2017 for non-payment of arrear outstanding dues ad after serving of Notice for disconnection. It is the case of the Complainant that against the pending arrear outstandings and on after of Rs. 2000/-, Ops without accepting the said amount demanded more money and turned the proposal of Complainant in respect of restoration of power supply, otherwise Complainant’s daughter, who was appearing Annual H.S.C. Examination will face a lot of difficulties on her preparation of Exam. On the other hand Ops states that as per the Regulation 100(1) of OERC-code 2004, Complainant was having an arrear outstanding of more than Rs. 30,000/- and after serving of due Notice under the said Regulations disconnected the power supply to complainant’s premises. Considering the submission and Regulations 100(1) of OERC-Code-2004, we are of the opinion that under the law the Ops are authorized to disconnect the power supply for non-payment of arrear outstanding and in the case on hand Ops after serving of disconnection Notice, which is admitted fact has disconnection the power supply, hence Ops have not committed any deficiency in service and they have acted under the Rules/Regulations of O.E.R.C. Code-20004.
Complainant in his petition preys this Forum to fix easy monthly installments to pay the pending arrear outstanding dues. On perusal of written version, it is stated by the Ops that an arrear amount of Rs. 13,183/- is pending by the Complainant till-March-2018. Considering the submissions of Complainant, and Regulation-95 of Chapter-X of OERC-Code-2004, we direct the Ops to collect Rs. 1000/-(Rs One thousand only) in each month towards arrear outstandings in addition to the current monthly energy charges and balance amount of Rs. 183/- will be paid by the Complainant –consumer alongwith on the last monthly installment.
Accordingly, the Complaint is disposed of without any cost.
Pronounced in the open Court, this 25th day of May, 2018.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER