Orissa

Jajapur

CC/94/2014

Bishnu Prasad Debata - Complainant(s)

Versus

S.D.O Electrical Dasarathpur Division - Opp.Party(s)

Ramakanta Jena

29 May 2015

ORDER

                        IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present: 1. Shri Pitabas Mohanty,Presiding Member 

                                                                       2.Miss Smita Ray, Lady Member.

                                       Dated the 29th day of May,2015.

                                       C.C.Case No.94 of 2014

Bishnu Prasad Debata S/O Late Shyamsundar Debata

Vill. Biruhan , P.O. Mahapara,P.S.Mangalpur

Dist.Jajpur.                                                                                     …… ……....Complainant .                                                                       .

                   (Versus)

1.S.D.O,Electrical Dasarathpur Division ,At/P.O. Dasarathpur,P.S.Mangalpur

 Dist. Jajpur.

2. J.E.Electrical Dasarathpur Division,At/P.O.Dasarathpur,P.S.Mangalpur,

   Dist. Jajpur.

3. Executive Engineer,Electrical Division,Jajpur Town, At/P.O/P.S. Jajpur Town

   Dist . Jajpur.                                                                            ………………Opp.Parties.

 

For the Complainant:                          Sri R.K.Jena,Advocate.

For the Opp.Parties No.3                    Self

For the Opp.Parties No.1 and 2           None.                                          

                                                                                                   Date of order:  29.05. 2015.

SHRI  PITABAS  MOHANTY, PRESIDING  MEMBER .

                        The petitioner has filed the present  dispute  alleging deficiency in service on the part of the O.Ps.

                        The fact relevant in the present dispute shortly as per complaint petition are that the petitioner for his livelihood under self employment has opened a fabrication work shop. The petitioner is a Industrial consumer under the O.P  bearing consumer No.612201340071. The O.Ps. installed a meter bearing No.NE-551109C. The petitioner was paying electricity dues regularly.

                        That the electric department declaired  to clear up the arrear dues under one time settlement (O.T.S) scheme on 17.10.12. The petitioner paid Rs.23,250/- vide money receipt No.595455 and Rs.12,650.00  and vide money receipt No.596466 respectively and accordingly thereafter the petitioner regularly is paying the present electricity dues as per meter reading.

                        That though the meter was functioning properly but in the month of September-2014 the O.Ps. without any reason changed the meter without any prior notice to the petitioner . Thereafter on the said month the O.Ps. served a bill of Rs. 14.170/- and subsequently Rs.15,746/- for the November-2014. The petitioner approached the O.Ps. for correction of the inflated bill but the O.Ps. flatly denied to correct the same. Accordingly finding no alternative way the petitioner filed the present dispute with the prayer to direct the O.Ps. to correct the inflated bill for the month of September and November-2014 and award Rs.53,000/- towards compensation and litigation charges.

                        After notice the O.P.no.3 appeared and filed their written version along with supporting documents and have taken the following defence:-

1. It a true that the present S.L No. of the 3 phase meter of the consumer is NE551109 but the meter has replaced in the month of September-2014 due to non functioning of VPh PT of the old meter bearing SL No.NSC04705.
2. It is true to say that the petitioner arrear is Rs.14,136.90 up to December-2014 due to MRT through his letter no.524 (12) dt.27.08.14 has intimated us that the yph P.T. in 3 phase meter of the consumer is  missing and as per the dump report   the Yph P.T.was missing since 06.06.2008 . But due to non-availability of meter the meter of the consumer could not replaced.
3. The MRT also requested to calculate the unit charge i.c 1/3 of the total consumption from 06.06.2008 in the billing month of July-2014. As per our data base the unit consumed by the consumer from 06.06.2008 to the billing month of July-2014. As per our database the unit consumed by the consumer from 06.06.2008 to July-2014 comes to 6259 and after re-calculation basing on 1/3 as per advice of MRT at present the consumer is liable to pay Rs.11,720.59. Accordingly the prayer of the consumer may be dismissed with direction to pay the arrear dues.

                        In view of the above clarification we have perused the record along with the documents and ledger copy filed by both the parties in detail to decide the dispute as per the observations below :

1. It is stated by the petitioner vide para-2 of the complaint petition that as per declaration of OTS scheme the petitioner has deposited Rs.23,250/- vide money receipt No.596465, 596466 and Rs.600/- vide money receipt No.596467 with the O.Ps. so as to clear up the arrear electricity dues. As against such contention, the petitioner has not filed the provision of OTS scheme to justify his claim.

 2.      Further it is alleged by the petitioner vide para-3 of the complaint petition that at the time the meter was functioning , the O.Ps. have changed the meter in the month of September-2014. In such situation, was it not the duty of the petitioner to agitate his grievance to the O.Ps. in writing in case the O.Ps. have changed the meter at the time  the previous installed meter was functioning. But the petitioner has not done so.

3.     Similarly it is observed that the O.P no.3 has assessed the additional electricity dues from 2008 to 2014 to the petitioner basing on MRT report without giving any opportunity to the petitioner to submit show cause as well as without following the proper procedure as per provision of OERC Code-2004 though as per their own admission vide para-2 of the letter dt.17.01.2015 the O.P no.3 admits that the meter has been changed due to non functioning of YPH PT of the old meter.

                        In view of the above narrated situation since the alleged electricity dues covers from 2008 to 2014 we dispose of the dispute as per order below.

O R D E R

                        In the result the dispute is dispose of with the liberty to approach  the  2^nd G.R.F (NESCO)   for his grievance if he so likes . No cost.                   

      This order is pronounced in the open Forum on this the 29th day of May ,2015. under my hand and seal of the Forum.

                                                                                              

 

(Miss Smita Ray)                                                                (Shri Pitabas Mohanty)                                                         

Lady member.                                                                       Presiding     Member.                                                                      

                                                                               Typed to my dictation & corrected by me

                                                                                   

                                                                                        

                                                                                          (Shri Pitabas Mohanty)                                                         

                                                                                              Presiding    Member.