Orissa

Kendrapara

CC/24/2017

Upendra Kumar Das - Complainant(s)

Versus

Project Manager, - Opp.Party(s)

Self

25 May 2018

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/24/2017
( Date of Filing : 10 Mar 2017 )
 
1. Upendra Kumar Das
S/o- Late Muralidhar Das At- Badahat Po/Dist-kendrapara
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Project Manager,
Enzen Global Solution Pvt. Lts. At-Garapur Po- kapaleswar
Kendrapara
Odisha
2. Junior Engineer(Enzen)
Kendrapara Electrical Division-1 At/Po/Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Self, Advocate
For the Opp. Party: Sri Pramod Kumar Samal & Associates, Advocate
Dated : 25 May 2018
Final Order / Judgement

SRI BIJOY KUMAR DAS,PRESIDENT:-

                      Deficiency in service in respect of serving illegal and arbitrary energy bills to the complainant-consumer are the allegations arrayed against the Opp.Parties.

2.                   Complaint, in brief reveals that, Complainant’s  deceased father namely Muralidhar Das was a domestic category of consumer under Ops since long bearing  consumer No. D3B-25, which correspondence to new consumer A/C No. 01058728.  It is stated that on occurrence of Super Cyclone the power supply was disrupted for a long period and same was within the knowledge of the staffs of the Ops. But the Ops all on a sudden served an energy bill to the tune of Rs. 47,377/- upto Jan-2015, which according to complainant is illegal and arbitrary, failing which, Ops issued a Notice to disconnect the power supply on its non-payment of arrear dues. Complainant on responding the disconnection Notice deposited Rs. 3,000/- on dt. 11/3/2016 and Rs. 3,000/- dt. 25/3/16 and obtained money receipts, which are enclosed with the complaint. As the matter stood thus, Ops on dt. 30/11/2016 issued another disconnection Notice showing an arrear outstanding of RS. 41,176/- and on March-2017 again threatened the complainant to clear-up the arrear outstandings, otherwise the power supply will be disconnected. Alleging the actions of Ops are deficiency in service Complainant preys this Forum to withdraw the illegal arrear outstanding of Rs. 41,176/-.

3.                On receipt of the Notice Ops appeared through their Ld. Counsel and filed Joint written version into the dispute. In the written version it is averred that Complainant’s father was a domestic category of consumer under Ops bearing No. 01058728 enjoys power supply with a contact load of 1 K.W. Due to non-payment of energy dues an outstanding of Rs. 38,694/- is pending against the consumer till-Feb-2018. It is also averred that Complainant has not applied for revision of arrear outstandings. If complainant applies for the same, Ops are ready to revise the energy outstanding as per the rules and on installation of new-meter, accordingly the complainant is to be dismissed with cost.                   

4.               Heard the Complaint on merit and Ld. Counsel appearing for the Ops, perused the documents filed into the dispute. It is an admitted fact that Complainant deceased father was a domestic category under Ops bearing No. D3B25,which correspondence to New A/C No. 01058728 and an arrear outstanding is pending against the said consumer number. On perusal of consumer billing statement filed by the Ops reflects that an amount of Rs. 37004/- is pending as arrear outstanding from March-2005. But the grievance of the Complainant is that, though he was paying the monthly energy dues regularly, Ops without considering the actual meter reading has served an inflated energy bill. No documents of arrear outstanding prior to the year-2005 is filed before this Forum by the Parties. It is also clear from the written version that Ops are ready to revise the energy bills, if Complainant applies for the same and on installation of a new meter. In the circumstances, we are of the opinion that, when Ops are ready to revise the energy bill, it is not necessary to go into the details of the dispute, by such revision the grievance of the complainant-consumer is fulfilled. The amount deposited vide order  No.2 dtd. 15/3/17 the I.A. Misc Case No. 13/17 will be adjusted on process of revision of  arrear outstandings.

                     Having observations reflected above, it is directed Complainant shall instale  a new approved meter, if not installed earlier, and apply for revision of arrear outstandings as per the procedure within one month of receipt of  this order. It is further directed that on receipt of application of revision of energy bills, Ops will revise the outstandings from the year-2000 and will adjust the payments made by the complainant. The process of revision energy bill will be completed within one month of receipt of the revision application, till completion of the revision Ops are hereby restrained to take any coercive action against the Complainant- consumer, failing to comply the order by the parties will initiate proceedings as per the provisions of C.P.Act, 1986.

                 Complaint is allowed in part on merit without cost.

                Pronounced in the open Court, this the 25th day of May,2018.

                            I, agree.                   I, agree      

                              Sd/-                        Sd/-                         Sd/-

                        MEMBER                MEMBER              PRESIDENT

 
 
[HON'BLE MR. Sri B.K. Das]
PRESIDENT
 
[HON'BLE MR. sri Nayananda Das]
MEMBER
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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