DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 7th day of March, 2018

C.D Case No. 119 of 2016

Sanjeeb kumar Barik

S/o Ratnakar Barik

At: Puruna Bazar

Po/Ps: Puruna Bazar

Dist: Bhadrak

                                                        ……………………. Complainant

            (Versus)

 1. S.D.O Electrical, NESCO

 At/Po/Ps/Dist: Bhadrak

2. J.E, Electrical, NESCO, Bhadrak

At/Po/Ps/Dist: Bhadrak   

                                          …………………………..Opp. Parties

For the Complainant: Sk. L. Raheman & Others

For the O.Ps: Sri M. Dey

Date of hearing: 24.10.2017

Date of order: 07.03.2018

SRI RAGHUNATH KAR, PRESIDENT

The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against him. The complainant has taken electric power connection to his residential premises in the year 2003 Vide estimate No- 545 dt. 27.08.2013 bearing consumer No- BY69794 as the complainant being an Advocate by profession, remain out of his resident 10:00 AM to 5:00 PM every day, his wife and children are remaining outside of Bhadrak District as because his is Govt. employee. The complainant has got no freeze, no motor & no TV at the time. So there is very less consumption of electric power of the complainant and there is no chance of consumption excessively. The O.Ps have prepared the minimum bill in respect of the complainant’s consumer number without verifying the meter the complainant lodged complaint before the OP No. 1 & 2, they replied that the latter bill would be revised. Rather they advised to the complainant to pay at list Rs 300/- per month. So the complainant paid Rs 9,195/- only periodically from the year 2004 to 2012 and the complainant received the money receipts but it is a matter of regarded that due to some non avoidable situations the complainant could not pay the dues regularly. The O.Ps have prepared the bill since 2003 to the date of the installation of new meter to the year of 2016.

That suddenly on 31.03.2016 the OP No. 2 without serving any disconnection notice upon the complainant the O.Ps disconnected the electric line of the complainant Vide MR No- 037238 and ask for the complainant for revision of electric bill. The complainant deposited Rs 6,000/- Vide MR No- 037238 and asked for the revision of electric bill. After that the O.Ps suggested to the complainant for payment of Rs 1350/- Vide MER No- 03725 dt. 31.10.2016 towards new meter. On 07.04.2016 the new meter was installed and the O.Ps enquire the complainant premises and suggested that as per 3 subsiding months of meter reading the bill would be revised. The complainant sent a complaint on 31.08.2016 regarding the revision of electric bill by Regd. post Vide No- A-RO7792505451N to the OP No. 2 as the OP No. 1 refused to take the application by hand on dt. 30.08.2016. But the OP No. 2 received the application on dt. 01.09.2016 but no action has been taken in respect of the complaint till the date of filing of this complaint. So this type of manner and activities of the O.Ps caused deficiency in service to the complainant. The cause of action of this dispute arose on dt. 30.08.2016 when the OP No. 1 refused to take an applicant for revision of electricity bill and on 31.08.2016 is within the territorial jurisdiction of this Forum. Hence the complainant has sought for the reliefs as follows.

1. Order may kindly be passed directing the OP No. 1 to revised the electric bill of the complainant and set-a-side the excess bill amount.

2. Adequate compensation of Rs 10,000/- may kindly be given to the complainant to mitigate the suffering for the deficiency in service and mental agony.

3. Cost of the litigation of Rs 10,000/- be awarded to the complainant.

4. Any other relieve/relieves which will be deem fit and proper be awarded to the complainant in view of the pleading.

The complainant filed following documents (Xerox copies).

1. Copy of application for revision of electric bill dt. 30.08.2016.

2. Original of electric bill from May 2016 to July 2016.

3. Postal receipt No- A-R0779250545IN, dt. 31.08.2016.

4. Postal AD dt. 01.09.2016.

5. Original money receipt of NESCO utility.

6. Any other relevant documents that will be filed at the time of hearing.

The O.Ps have already filed their written version describing following facts. The O.Ps have already denied all the allegations made by the complainant against them. They have also described that no deficiency of service has been caused by them towards the complainant. The O.Ps have also stated that the complainant is very much irregular in electricity bill. The billing has been made from November, 2013 to March, 2016 on provisional basis and after installation of correct new meter, billing has been made from the month of April, 2016 on the basis of actual consumption. Up to April, 2012, arrear electricity bill amounting to Rs 2,537/- was outstanding and up to December, 2016 arrear electricity bill was Rs 17,594.88 due to nonpayment of monthly electricity bill. However, in present situation, the provisional electricity bill are revised as per OERC Guideline and after revision, letter Vide No- 138 dt. 09.02.2017 is issued from the office of OP.

That, under the special act i.e. the Electricity Act, 2003 there is a Forum known as GRF which is established U/S 42 (5) of the said act specially for electric dispute. But the complainant without preferring alternative remedy available under the special act has filed the complaint petition before this Forum for which the same is not maintainable. The complainant has filed this case without genuine ground. Hence the complaint may be dismissed. The O.Ps filed certain documents as follows (Xerox copies).

1. Electricity bill prepared on 25.11.2017.

2. Census receipt on 24.05.2010.                   

OBSERVATIONS

We have already perused the complaint, and the written argument, documents filed by the complainant as well as the written version, the documents and the written argument filed by the O.Ps.

The complainant has alleged that the O.Ps disconnected the electricity connection of the complainant in his house premises on 31.03.2016. The O.Ps demanded Rs 6,000/- for electricity dues and Rs 1,350/- as the cost of new meter. The complainant had paid this same amount to the O.Ps in which they restored the electricity connection to the dwelling house of the complainant on the same day. The complainant had taken new electricity connection to house premises on 27.08.2003. The latest bills of 3 consecutive months Nov, 2017, Dec, 2017 and Jan, 2018 shows that show the amount as follows.

The complainant has further alleged that he has paid Rs 15,195/- out of Rs 17,200/-. The O.Ps have prepare wrong bills since 2003 as such heavy amount beyond the genuine bill amounts has been imposed upon the complainant. He has also alleged that his electricity consumption is very meager because he remains absent in his dwelling house since 10:00 AM TO 5:00 PM busy in his profession. His wife and children are staying at outside of the District Bhadrak. So there is no chance of consumption of more units electricity. He does not use domestic furniture’s such as freezer and other electronics system. Complainant has filed money receipts periodically from 2004 to 2012. The complainant has also alleged that the OP No. 2 has assured him his bill should be prepare to the amount Rs 300/- monthly. So in the conclusion the complainant has alleged that, according to his consumption excess amount has been imposed upon him by wrong calculation and wrong preparation of bill. After going through the money receipt and bills prepared by the O.Ps in respect of the consumership of the complainant be corrected and rectified.

The O.Ps have failed to file appropriate and relevant documents in respect of their defense. It is a primafacie case of deficiency of service. The money receipts filed by the complainant show that he has been paying the bill amount regularly to the O.Ps. The preparation of bills so the abnormalcy of different months for example the money receipt has been prepared Rs 300/- as the bill amount, Rs 250/- for some months Rs 400/- for some months but Rs 1,000/- for some months. The difference of amount calculated by the O.Ps are found to be wrong. So it is a primfacie case of deficiency of service caused by the O.Ps towards the complainant. The O.Ps have not come to this Forum clean handed. Hence it is ordered;     

6698606. ORDER

The complaint be and the same is allowed on part. The O.Ps are here by directed to rectify the previous bills of the electricity of different months in which excess amount has been imposed upon the complainant. The O.Ps are also directed to adjust the excess bill amount which they have collected from the complainant in his future bills of the complainant. The O.Ps are further directed to carry out this order within 30 days on receipt of this order.

This order is pronounced in the open Forum on this day of 7^th March, 2018 under my hand and seal of the Forum.