SRI BIJAYA KUMAR DAS,PRESIDENT:-
Unfair trade practice and Deficiency in service in respect of illegal disconnection of power supply are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that complainant’s husband Rabinarayan Das is a domestic category of consumer under Ops bearing Consumer No.01655772. It is revealed from the complaint petition that due to non-payment of monthly energy dues for her son’s accident she could not pay the dues regularly and an outstanding of Rs.5744/- is pending till 30th June,2015. Complainant paid Rs.1000/- on dtd. 21.07.2015. In spite of the payment Opp.Parties disconnected the power supply on the same date, which was protested by the complainant before the officials of Ops, but the grievance of the complainant remained unheard, for which she sustained mental agony and prays this Forum seeking a direction of the Forum for restoration of power supply and compensation of Rs.50,000/- for mental agony and cost of litigation.
3. Being noticed Ops appeared through their Ld. Counsel Mr. P.K.Samal filed written statement into the dispute. It is averred that complainant’s husband is a consumer under Ops bearing No.01655772 under domestic category. The consumer was not paying the monthly energy dues from the month of April,2015 to June,2015,accordingly power supply was disconnected on dtd.21.07.15 as per the provisions of Rule 100(3) OERC,2004. When the complainant paid Rs.1000/- along with restoration charge power supply was restored on dtd.22.07.15. It is also averred that, till the month of February,2016 an outstanding of Rs.5072/- is pending on the complainant-consumer. It is also stated that Ops have not committed any deficiency in service and have acted as per the provisions of OERC-2004 and complaint bears no merit and is liable to be dismissed.
4. Heard, the complainant and Learned Counsel for the Ops. The admitted facts of the case are that complainant’s husband namely Rabinarayan Das is a domestic category of consumer under Ops bearing Consumer No. 01655772.It is also admitted that the power supply to the complainant’s premises was disconnected on dtd.21.07.2015 for a pending outstanding of more than aRs.5,000/- challenging the disconnection as illegal and arbitrary. Complainant prays this Forum seeking a direction to restore the power supply and compensation for mental agony along with cost of litigation. Countering the submissions Ops state that as the complainant was a continuous defaulter for the period of three consecutive months the power supply was disconnected as per Rule-100(3) of OERC Code,2004. It is also submitted in the written statement and objection filed to the interim order of this Forum in I.A.Case No.23/15, on payment of Rs.1,000/- along with restoration charge against the pending arrear dues power supply has been restored on dtd. 22.07.15 prior to receipt of the interim direction of this Forum. Hence, the Ops are not deficient in service and have acted as per the provisions of O.E.R.C Code,2004.
During course of hearing Ld. Counsel for Ops attracted our attention to the statement of the complainant-consumer, which shows that an amount of Rs.5072/- is pending on the complainant as on arrear dues. Complainant also agreed to the amount and she admitted that she is availing power supply till date and has no complaint regarding the pending arrear amount. It is also clear that Ops have acted sincerely to restore the power supply to the complainant’s premises just after one day of disconnection of power supply. Hence, we freed Ops from any such liability of deficiency in service, accordingly the interim order passed by this Forum on dtd. 27.07.15 in I.A.Case No.23/15 is hereby vacated.
The complaint is disposed of as per our aforesaid observation without any cost.
Pronounced in the open Court, this the 17th day of June,2016.
