Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 27.07.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to reconnect the electric connection.
- To direct the opposite parties to pay Rs. 1,00,000/- for mental tension as well as Rs. 25,000/- for physical harassment.
- To direct the opposite parties to pay Rs. 10,000/- per month for economic loss.
- To direct the opposite parties to pay Rs. 5,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that in order to earn his livelihood he has taken a commercial electric connection in 2003 being no. 52215 IND. From September 2004 the wire of the electric pole was broken and hence he could not utilize electricity. Thereafter he informed this matter to opposite party but instead of connecting the broken wire, the electric bill to the tune of Rs. 2,750/- was realized from the complainant although he was not using electricity due to disconnection of electric line as the electric wire between poles was broken. This fact is also mentioned in the book of meter reader of the aforesaid period. However, after great difficulty the opposite parties have reconnected the wire of the pole on 01.12.2005.
The further case of the complainant is that when he requested the opposite party no. 3 ( Assistant Engineer) for not realizing the electric bill during the period the complainant was not using electric energy as the line was disconnected from the pole due to damaged wire. Again, he has filed application on 30.05.2006 to the opposite parties for the same relief and also for not realizing DPS charge but despite the aforesaid fact from November 2004 to October 2005 he was forced to pay the charge for 90 units while bill of 70 units was to be realized.
The grievance of the complainant is that despite repeated request his grievance was not redressed and as such his electric connection was disconnected.
The complainant has annexed the copy of the application given to the Assistant Electric Engineer Bihta which has been annexed as annexure – 1 and 2. From annexure – 3 it is crystal clear that the electric connection of the complainant was disconnected on 23.09.2007 for dues of Rs. 21,795/-.
From the record it appears that in this case the counsel for the opposite party appeared and took time for filing written statement but despite allowing several adjournments no written statement has been filed and this case was heard ex – parte.
From bare perusal of record it further transpires that the complainant had suffered much and at present we are not in a position to know the recent state of affair due to influx of time but we think it proper to pass order in this case.
It goes without saying that aforesaid facts has been asserted by complainant on oath and there is no counter version of the opposite party hence we have no option but to rely on the fact stated by the complainant which clearly discloses deficiency on the part of opposite parties.
For the reason stated above, we direct the opposite parties either to return or to adjust the amount charged from the complainant in form of electricity bill as well as D.P.S. charges from September 2004 to 01.11.2005 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay Rs. 50/- per day for delay till the aforementioned order is complied.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the aforesaid period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member (F) President
