Orissa

Cuttak

CC/74/2023

Gyanamaya Samantaray - Complainant(s)

Versus

Manager,TPCODL - Opp.Party(s)

S K Mohanty & associates

04 Dec 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C. No.74/2023

 

Gyanamaya  Samantaray,

S/o: Late Basidhar Samantaray,

Vill:Hulipur,P.O/P.S:Kishorenagar,

Dist:Cuttack.                                                                        ... Complainant.

 

          Vrs.

 

1.     Manager,TPCODL,CDD-II.

 

2.     Deputy Manager, TPCODL

                        Jagatpur,At/PO/PS:Jagatpur,

                        Dist:Cuttack.               

     

3.     Junior Manager,Kishorenagar,

At/PO/PS: Kishorenagar,Dist:Cuttack.                   ...Opp. Parties.

 

 

   Present:      Sri Debasish Nayak,President.

          Sri Sibananda Mohanty,Member.

 

  Date of filing:    06.03.2023

  Date of Order:  04.12.2023

 

  For the complainant:           Mr. S.K.Mohanty,Adv. & Associates.

     For the O.Ps                :          Mr. A.K.Dash,Adv & Associates.

 

     Sri Debasish Nayak,President     

          Case of the complainant as made out from the complaint petition in short is that his mother is a bonafide consumer of the O.Ps having preferred to avail the services of the O.Ps vide Consumer No.80033492010.  Due to fire accident, the electrical meter that which was installed in the house of the complainant, had burnt and the power supply was thus disconnected.  The lineman of the O.Ps had restored the connection but had provided the same through the old meter instead of providing a new meter.  Some days thereafter on 23.8.2022, the squad of the O.Ps had visited the house of the complainant and had prepared a verification report, that which as per the complainant was an illegal report; wherein it was mentioned that the complainant was availing power supply from a burnt meter being intentionally burnt by him, for which they had calculated the charge load of the complainant’s house towards consumption of electrical energy to the tune of Rs.34,549/-.  The squad of the O.Ps demanded the said money and had threatened to disconnect the electrical line if the said payment is not made.  It is for this, the complainant has approached before this Commission seeking declaration as regards to the demand by the O.Ps of the said amount of Rs.34,549/- to be illegal  and the power supply to the house of the complainant through consumer No. 80033492010 not be disconnected.  The complainant has also prayed for adequate compensation towards his mental agony and also for the cost of his litigation alongwith a further prayer for any other relief as deemed fit and proper.

2.       The O.Ps have contested this case and have filed their joint written version wherein they have admitted that the mother of the complainant is a consumer having No. 80033492010.  They allege that even though she was consuming electrical energy, she was not paying electricity bills regularly.  They further have alleged that the electric meter at the house of the complainant was intentionally burnt by pouring petrol or kerosene.  It is for the said reason a penal amount of Rs.34,549/- was charged on the said consumer which was required to be paid within 7 days of receipt of the notice.  Thus, it is prayed by the O.Ps through their written version to dismiss the complaint petition as filed by the complainant.

Together with their written version, the O.Ps have annexed copies of several documents in order to establish their stand.

3.      Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion here in this case.

                      i.          Whether the case of the complainant is maintainable?

          ii.         Whether there was any deficiency in service on the part of    the O.Ps?

                                  iii.      Whether the complainant is entitled to the reliefs as claimed by him?

Issue no.ii.

               Out of the three issues, issue no.ii  being the pertinent issue in this case, is taken up  first for consideration here.

                      After going through the averments as made in the complaint petition, the written version and the documents as available in the case record filed by either sides, it is noticed that infact the mother of the complainant was a consumer of the O.Ps having Consumer No. 80033492010.  As it appears from the copy of the verification report available in the case record, that on 23.8.2022 there was verification of electrical energy at the house of the complainant by the squad of the O.Ps. After verification, they had opined that the consumer was consuming electrical energy through a burnt meter which according to them was burnt by pouring kerosene or petrol.  The consumer had refused to sign on the said verification report.  It is the plea of the complainant through his complaint petition that due to short circuit, the electrical meter at their house was burnt and the power supply was disconnected.  After making complain to that effect, the electrical lineman had restored the electricity connection to their house but through that old burnt meter.  Be that as it may, the complainant has not produced a single document in order to prove that infact he had made a complaint either to the local police station or to the O.Ps that his meter was burnt due to electrical short circuit.  The plea of the complainant is that the disconnected power supply was restored through the lineman of Electrical Section of Kishore Nagar but he has not made any endeavour to adduce evidence of the said lineman who had restored power supply to his house.  Thus, the plea taken by the complainant appears to be unbelievable rather the O.Ps have categorically mentioned about the irregular payment of energy dues by the consumer who is the mother of the complainant of this case.  The checking squad of the O.Ps could notice the burnt meter at the house of the complainant which they had mentioned in their report and have opined that the said electrical meter was burnt intentionally by use of kerosene oil or petrol.  In order to counter the same, there is absolutely no evidence from the side of the complainant.  There is also no animosity noticed from the side of the O.Ps in order to conclude that due to previous grudge or rivalry  such incident had taken place.  Considering these facts and circumstances of this case, this Commission finds that there is absolutely no iota of evidence in order to implicate the O.Ps  and to find them to be deficient in their service in any manner.  Accordingly, this issue goes against the complainant.

Issues no.i & iii.

             From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him. Hence, it is so ordered;

                                                          ORDER

                      Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

                      Order pronounced in the open court on the 4^th day of December,2023 under the seal and signature of this Commission.  

 

                                                                                                 Sri Debasish Nayak

                                                                                                        President

 

                                                                                           Sri Sibananda Mohanty

                                                                                                       Member