Heard learned counsel for both the sides.

2.            This Complaint case is filed U/S-17 of erstwhile Consumer Protection Act,1986(herein-after called the Act) read with Section-12 of the Act.

FACTS

3.             The brief fact of the case of the complainant is that the complainant being the owner of the house at Ganesh Ghat, Cuttack took electric connection from the OP with a connected load of 1 KW. The complainant let out the house to Central Excise & Customs, Cuttack Rage-I & II for which he requested the OP to enhance the load from 1 KW to 3 KW for commercial category. Accordingly the electric line was extended to office of Central Excise & Customs. But on 31.12.1993, the said tenant left the house of the complainant. The complainant has also informed the OP and requested to reduce the connected load from 3 KW to 1 KW under domestic category.  It is alleged that OP without acceding to his request forcibly removed the electric wire, meter, panel box and other electrical equipments, the commercial tariff were not reduced  to domestic category for  1 KW. In spite of request payment to the OP, they did not agree for revising the bill for that complaint was filed.

4.            Per contra, the case of the OP is that    the fact alleged by the complainant are correct but they are not aware that the said office has been already shifted from that place. On the other hand, the OP submitted that they have not been informed about the departure of the office of Central Excise & Custom from the said house of the complainant. Therefore, they have no deficiency in service on their part.

ISSUES

5.            Basing on the pleadings of both the parties, the following issues are requires for discussion.

               i) The complainant has to prove the deficiency in service on the part of the OP.

              (ii) Whether the complainant is entitled to any compensation.

ANALSYSIS

Issue No.1

6.           It is well settled in  law that  the complainant  has to prove his case. It is admitted fact that the complainant has got a domestic  electric line of 1 KW connected load and on  subsequent request of the complainant  the connected load was enhanced from 1 KW to 3 KW  in commercial category due  to open of  a office  of Central Excise & Customs in that building.  It is admitted fact that the concerned tenant has left the house on 31.12.1993, vide Anenxure-10. The complainant has moved on 01.01.1994 stating that the tenant has left the house on 01.01.1994. Thereafter from 1994,1995,1996,1997 they informed the OP to bring down the connected load from commercial category to domestic category. Annexure-5 shows that a letter has been sent by Central Excise & Custom stating that they left the house on 31.12.1993. It appears from Annexure-2 series that bill has been issued basing on the assessment on commercial category. But the electric bill shows that they raised same under commercial category. The above evidence shows that the complainant has informed the true fact to the OP but the OP has not changed the connected load from commercial to domestic category. Thus, it is deficiency in service on the part of the OP. Learned counsel for the complainant submitted that since the complainant could not take step due to illness of complainant, they came in 2010 to occupy the house. Thus, they found there is arrear raised which is objectionable in that regard. However, during course of argument, both the parties are willing to settle the matter. Issue no.1 is settled accordingly.

ISSUE  No.2

7.            In view of above discussion, the question arises what should be the amount of compensation. It is revealed from learned counsel of both the parties that after 2000 there was no any electric connection to the said house because of absence of complainant due to her illness. When the house was under lock and key the question of payment of compensation does not arise. However, non-cooperation on the part of the OP for not responding to the letter, they are  liable to consider the arrear as raised against the complainant and the request made by the complainant for raising bill under  domestic category. Issue No.II is answered accordingly.

8.           In view of aforesaid discussion, we allow the complaint without cost on contest against the OP. The OP is directed to remove the deficiency in service by revising the arrear on the basis of domestic rate from 01.01.1994, failing which they will pay compensation of Rs.3,00,000/- to the complainant within a period of 45 days from the date of order.

               The complaint case is disposed of accordingly.

            Free copy of the order be supplied to the respective parties or they may download same from the confonet  or website of this  Commission to treat same as copy of order received from this Commission.