IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KEONJHAR
CONSUMER COMPLAINT CASE NO. 12 OF 2018
Manjushree Jena, aged about 38 years
w/o-Adhira kumar Sahoo, At-Barbil station Road new colony,
Po/P.s-Barbil,
Dist-Keonjhar,……………………………..……….…………...…..… Complainant
Versus
1.S.D.O Electrical Sub-Division, NESCO Utility
At/Po/Ps-Barbil, Dist-Keonjhar
2. Junior Engineer,(Electrical),NESCO Utility
Barbil No.11 Electrical section
At/Po/Ps-Barbil,
Dist-Keonjhar………………….………………………….……………..Opp.Parties
Present:
Smt. B.Giri, President (I/C)
Sri Bharat Bhusan Das (Member)
Advocate for complainant- G.N Jena & A.C Sahoo.
Advocate for Op1 & Op2 - self
Date of hearing - 08/11/2019 Date of Order-27/11/2019
Sri B.B. Das (Member) - The case in hand of the complainant is that she is a consumer bearing old Consumer No.D4C336, New Consumer No.622322080848 having loading factor 1.5 KW. The bill payment was made on meter reading basis. The meter reading of the Consumer for of 627 units amounting of Rs 3050/-and an arrear amount of Rs 169954.59 have been shown on the bill dt 20.2.2015. it is further pleaded by the complainant that the actual bill would be Rs 97519/-for the month of January 2015 to February 2018.The Op has already received Rs.1,52,000/-from her and excess amount of Rs 54,481/- has been adjusted against the disputed arrear bill of the complainant and claiming further a sum of Rs 139579.00 from the complainant for the up- to- date payment is illegal.
The Ops case (as per version) is that the complainant supplied power from her connection to one Janaki jena (Consumer No- C4B60 ) for which the arrear of Janaki Jena has been included in the bill of complainant.
The matter was heard at length and the parties were in their respective stands. The complainant argued that the arrear amount of Janaki Jena, if any, would be recovered by imposing fine as per sec-126 electricity Act. So Complainant is not liable to pay the arrear amount of others. The settled principle Law as reported in a case, CESC Limited Vrs Ruma Banarjee,ii(2004) CPJ 225 (w.B) wherin it was held that Consumer Could not be saddled with liability of another Consumer. In another case W.B.S.E.B V.Goutam Saha,I(2005) CPJ 321(W.B).It was also held that W.B.S.E.B had no authority to disconnect Connection due to outstanding dues of brother. So the Submissions advanced by the Ops are devoid of merit.
ORDER
On perusal of the records and the submissions advanced by the parties and settled principle of law, we extend our views that the arrear amount billed on the bill of the complainant is illegal. So, we direct the Ops to make necessary correction of disputed bill of the complainant by deducting the arrear amount of Janaki Jena and excess amount paid by the complainant be adjusted in her future bill and the Ops are at liberty to recover the arrear amount from Janaki Jena .
The Ops are further directed not to disconnect the electricity connection of the complainant for the disputed amount of the present case.
No order to cost and compensation as the complainant is enjoying electricity uninterruptedly from the date of dispute to till date.
This order be carried out within 45 days of receipt of this order.
Order pronounced today i.e on 27th, November, 2019 in the open court under our seal and signature.
Pronounced on 27th November, 2019
I agree
( Sri B. B. Das) ( Smt B. Giri)(M)
Member (I/C.,President)
DCDRF,Keonjhar DCDRF,Keonjhar
Dictated & Corrected by
(Sri B.B Das)
Member
DCDRF,Keonjhar
