Orissa

Kendrapara

CC/3/2022

Samparu Papa Rao Das - Complainant(s)

Versus

S.D.O, TPCODL - Opp.Party(s)

Sri G.P.Mohapatra & Associates

11 Jul 2023

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/3/2022
( Date of Filing : 17 Jan 2022 )
 
1. Samparu Papa Rao Das
S/o- Semparu Samsara Rao Das At- Beltala Po/Ps- Pattamundai Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. S.D.O, TPCODL
Elect. Sub Division, Pattamundai At/Po/Ps- Pattamundai Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Pravat Kumar Padhi PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri G.P.Mohapatra & Associates, Advocate for the Complainant 1
 Sri P.K.Samal & Associates, Advocate for the Opp. Party 1
Dated : 11 Jul 2023
Final Order / Judgement

MR. PRAVAT KUMAR PADHI, PRESIDENT:-                 

                The Complainant has filed the C.C.Case U/S-35 of C.P.Act, 2019 seeking compensation of Rs. 50,000/- for mental torture by issuing wrong bill to a tune of Rs. 40,165/- instead of average previous reading on actual consumption which may come about at best Rs. 100/- or less. Complainant has not filed any document to satisfy that his earlier bill per month was for Rs. 100/- or less.

                 The Ops filed written version stating that “ The Complainant before coming to this Honbl’e Commission has filed a petition against the Op. Party before the Honbl’e President. GRF. Paradeep vide case No. GRF/KED-1/575/2020 for revision of his energy bill. As per judgement order dt. 29.10.2020 passed by the Honbl’e GRF. Paradeep, the energy bill of S. Babu vide consumer No. 01243131 has been revised and thereby an amount of Rs. 62,192.72 was exempted from the energy bill of the consumer till the month of Novemebr-2020 and there is an amount of Rs. 39,312.00 outstanding against the above consumer number till August-2021.

                 Ld. GRF has passed the order on dt. 29.10.2020 after hearing both sides and as per the order of Ld. GRF the bill of Rs. 62,192.72/- was revised and reduced to Rs. 39,312/- and that is the claim amount of Ops and annexed by the Complainant in the C.C.Case without mentioning a single line about GRF, revision of bill etc. and non-payment by the Complainant.

                Complainant has already got relief from one Forum and came to this Commission by suppressing the said fact, for which we would have imposed heavy cost, but taking into the consideration of age of the Complainant, we refrain  from imposing any cost and dismissed the present C.C.Case for suppression of fact, approaching this Commission with unclean hand and also not maintainable on the principle of resjudicata. Hence the C.C.Case No. 3/2022 is hereby dismissed and accordingly disposed off. No order as to cost.

                Issue extract of order to the parties concerned.

          Pronounced the Open Commission on this the 11th July, 2023.

                            I, agree.

                             Sd/-                                                 Sd/-

                        MEMBER                                        PRESIDENT

 
 
[HON'BLE MR. Pravat Kumar Padhi]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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