Orissa

Jajapur

CC/77/2015

Smt.Laxmipriya Mohanty - Complainant(s)

Versus

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

09 Feb 2016

ORDER

                                         IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                        

        Dated the 9th day of February,2016.

                                        C.C.Case No.77 of 2015

Smt. Laxmipriya Mohanty,  W/O Bijayananda Mohanty

Vill. Brahmacharipatna,P.O. Kamalpur

Via. Ahiyas,P.S.Mangalpur,

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

.                                        (Versus)

1.  S.D.O, Electrical(NESCO) Dasarathpur, At/P.O-Dasarathpur, Dist.-Jajpur.

2.  Executive Engineer, Electrical NESCO Division, Jajpur Town.

3. Superintendent Engineer, Electrical , Jajpur Road circle, At.Dhabalgiri

P.O-Sobra, Jajpur Road, Dist.-Jajpur.                                                          ……………..Opp.Parties.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

For the Complainant:                    Self.

For the Opp.Parties:                     Self.                                                                                     

MISS SMITA RAY, LADY MEMBER.                         Date of order:  09. 02. 2016.                                                                                   

         

                        Deficiency in  service is the grievance of the complainant.

                        The brief facts of the complainant  case is  that the complainant is a domestic consumer under the O.Ps. bearing  Consumer No.26821 D. The complainant alleged that inspite of her repeated request the O.Ps. are not revising her erroneous electric bill  from the period 2009 to 2015. It is further alleged by the complainant that the O.Ps. discontinued supply of electricity to the village without any notice for an indefinite period  which amounts to deficiency in service. The complainant also in the complaint petition challenged the tariff rate of electricity which is contrary to law. Inspite of intimation and approaches to the O.Ps. and their higher authorities the O.Ps. did not pay any heed to it. Hence alleging deficiency of service on the part of the O.Ps. the complainant has filed this dispute with the prayer to direct the O.Ps to(1) pay a compensation of Rs.60,000/- towards loss and damage,(2) to maintain the electric line,(3)  to rectify the defect in the power supply and (4) to issue correct bill.

                        On being noticed the O.Ps. have appeared and file their written version refuting the allegations made by the complainant and inter alia pleaded that Mrs. Laxmipriya Mohanty bearing consumer No.26821D is a domestic consumer under Ahiyas section. She has appealed before the Hon’ble GRF,NESCO Utility, Jajpur Road for revision of erroneous electric bill. As per the Hon’ble GRF order the electricity bill of the petitioner was revised and Rs.260.87  was withdrawn from electricity bill of the consumer during August-14.. Aggrieved by the order of Hon’ble GRF,NESCO Utility ,Jajpur Road she had appealed before the Hon’ble Ombudsman(II)-N, Bhubaneswar vide CRC No.44/2014. As per the order of Hon’ble Ombudsman (II)-N,Bhubaneswar vide CRC No.44/2014 the bill of the petitioner was again revised and Rs.736.85 was  withdrawn from the electricity bill of the consumer during November-2014. Again the petitioner had appeal before the Hon’ble Ombudsman(II)-N, Bhubaneswar regarding non implementation of order no.44/2014. Hon’ble Ombudsman (II)-N, Bhubaneswar was pleased to accept the appeal of the petitioner vide CRC No.07/2015. As per the order of Hon’ble Ombudsman(II)-N, Bhubaneswar on CRC No.07/2015 the bill of the petitioner was once again revised and Rs.457.22 was withdrawn from the electricity bill of the consumer . The order copy of CRC No.07/2015 of Hon’ble Ombudsman(II)-N, Bhubaneswar and revision statement to comply the order and ledger copy is annexed. As the matter was already reconciled by a different forums ,  the case may be dismissed without cost.

                        Both the parties have filed relevant documents in respect of their cases.

                        On the date of hearing we have heard arguments from both sides, perused the pleadings and documents available  on record.

                        On perusal of the record  and documents filed it is revealed that the complainant to redress her grievances had filed cases in the GRF, Jajpur Road, Ombudsman-(II),Bhubaneswar, permanent Lok Adalat, Cuttack and O.E.R.C, unit-VIII, Bhubaneswar for the self same relief as prayed in this complaint and for the same cause of action.

                        It is settled proposition of law that  Consumers have to choose whether they should filed consumer complaint in the Forum established under Consumer Protection Act-1986 ‘or’ whether they should file representation before the Forum established under Electricity Act-2003. Once the consumer decides to approach Consumer Fora established under Electricity Act, then their right to file consumer dispute in Consumer Fora under Consumer Protection stands forfeited. As in this case the consumer had taken shelter under Consumer Fora established under Electricity Act-2003 for her relief as prayed in this C.C.Case her right to file consumer dispute in this Fora is forfeited and the C.C. Case is liable to be dismissed. More over consumer Fora  can  not sit on the judgement after consumer has adopted some route on his free will to get relief from another Forum.

                        In view of the aforesaid analysis the consumer complaint filed by the complainant is liable to be dismissed.

                                                                              O R D E R

                        In the result the C.C. Case is dismissed against the O.Ps. on contest without any cost. The complainant may file complaint in the proper Forum if she so likes.

             This  order is  pronounced in the open Forum on this the  9th  day of  February, 2016. under my hand and seal of the Forum.