Orissa

StateCommission

A/512/2017

Junior Engineer (Electrical), SOUTHCO, Sunabeda, - Complainant(s)

Versus

Manoranjan Maharana, - Opp.Party(s)

Mr. P. Sinha

21 Apr 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/512/2017
( Date of Filing : 24 Oct 2017 )
(Arisen out of Order Dated 25/09/2017 in Case No. CC/06/2017 of District Koraput)
 
1. Junior Engineer (Electrical), SOUTHCO, Sunabeda,
Koraput Electrical Division, Koraput
2. S.D.O. (Electrical), SOUTHCO, Sunabeda,
Koraput Electrical Division, Koraput
3. Executive Engineer, Electrical, SOUTHCO, Sunabeda,
Koraput Electrical Division, Koraput
...........Appellant(s)
Versus
1. Manoranjan Maharana,
GPA Holder for Judhisthir Moharana, Plot No.34/1893, Saraswati Nagar, Nandapur Road, P.O: Semiliguda, Dist: Koraput
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:Mr. P. Sinha, Advocate for the Appellant 1
 
Dated : 21 Apr 2023
Final Order / Judgement

 

         Heard learned counsel for appellants. None appears for the respondent.

2.      This appeal is filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to these appeals shall be referred to with reference to their respective status before the learned District Forum.

3.      The case of the complainant in nutshell is that the complainant is a consumer under the OPs. On 22.11.2013 he sent a letter to the OPs for disconnection of power supply to his house as they have shifted somewhere. On 31.10.2016 again the complainant requested the OPs for reconnection of power supply to his premises. The OPs made reconnection but found that on 4.1.2017 there was outstanding   of Rs.33,786/- against the complainant. Complainant submitted that there was outstanding of Rs.16,095/- till October, 2013 and he has deposited Rs.5,000/- with the OPs. But the OPs admittedly demanded excess amount. Therefore, he filed the complaint to revise the bill and to pay compensation and litigation cost.

4.      OPs filed written version admitting that they have got the request of the complainant to disconnect the line and also got the request of the complainant to reconnect the line. However they submitted that they have revised the amount which comes to Rs. 11,095/-. But the complainant did not deposit the same. So, there was no deficiency in service on their part.

5.      Learned District Forum after hearing both the parties  passed the following order:-

                             “xxxxxxxxx

            Hence ordered that the complaint petition is allowed in part and the OPs being jointly and severally liable are directed to serve the revised energy bill on the complainant up to 11/2013 by treating disconnection of power supply to the premises of the complainant from 12/2013 and to pay a sum of Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.”

6.      Learned counsel for the appellants submitted that learned District Forum has committed error in law by not considering the written version filed by the OPs. He also submitted that in the meantime, the bill has been revised and the reconnection has been made as per the order of the learned District Forum but the complainant has not paid the current electric bill. Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellants and perused the impugned order including the DFR.

8.      It is admitted fact that the complainant was a consumer and requested for disconnection of line in 2013 and again requested for reconnection of line in 2016 and accordingly the matter has been taken up. However, without going to further in the case, we have come across the report of the OPs that the bill has been revised in the meantime. We have gone through the records and of the view that since bill has been revised but the complainant is not paying the dues regularly, we find that there is nothing  survived further cause of action to consider the case of the complainant. Therefore, the impugned order is liable to be set aside and is set aside.

9.      The appeal stands allowed. No cost.

         DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.   

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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