Orissa

Jajapur

CC/146/2020

Ashok Kumar Sahoo. - Complainant(s)

Versus

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

30 Sep 2022

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                                        Present:  1. Smt. Susmita Mishra, President,

                                                                                         2. Sri Bibekananda Das, Member (I/C)  

C.C.Case No.146 of 2020

Ashok Kumar Sahoo,

S/o Nerasingh Ch. Sahoo

Vill-Dhanipur PO/PS: Mangalpur

Dist. Jajpur.                                                                                                    ………..Complainant.                                                                                  

           

           (Versus)

 

S..D.O Electrical, Dasarathpur

AT/PO:- Dasarathpur, PO:- Managalpu , Dist.Jajpur.                            ………………Opp.Party.                                    .

Counsels Appeared for the parties.

For the complainant             :-         Father of the Complainant.

For the Opp. Party                :-          P.K. Das Pattnayak, Advocate.

Date of filing  complaint       :-          23.12.2020

Date of Argument                 :-          23.09.2022

Date of Order             :-          30.09.2022.

 

J  U  D  G  M  E  N  T.

MR. BIBEKANANDA DAS, MEMBER (I/C)

                      The C.C case No: 146/2020 is taken up today for Order. The present case filed on dt: 23.12.2020. It is unfortunate for the complainant   to wait for 02 years from redressal of his grievance. Perused all the documents available on record

Brief Facts:-.

                The complainant is a bonafide Consumer under the O.P since the year 1992 bearing Consumer No: 612222070075 corresponding of old A/c No: M694D. The complainant is regularly paying the current bill till January-2015. But unfortunately the complainant received a bill from the O.P in the month of Feb-2015 amounting to Rs. 8,643/- and the said fact duly interested to the O.P. As per the advice of the O.P, the complainant deposited Rs. 3,000/- for installation of a new meter, and finally it was installed on dt: 27.09.2015 and since then the bill amount of the complainant never exceeds more than Rs. 300/- per month . All of a sudden on dt: 15.03.2019 the complainant received a penal bill from the O.P amounting to Rs. 8,057/- and thereafter the complainant approached the O.P and the O.P written on the said bill as “ Bill revised and paid Rs. 2,800/-“ and put his signature there. The party grievance of the complaint is that even after payment of Rs. 2,800/- along with current bill the said penal bill has not been revised till date, and complainant receiving the current bill along with the penal bill (Xerox copy annexed). The complainant separately approached the O.P., but the same has not been produced during the last 2 years.  Being aggrieved by such inaction and threatening of disconnection by the O.P,  the complainant compelled to filed the present C.C Case.

Issues:-

1. Whether the complainant is a consumer  within purview of the C.P   Act-2019 ?.
2. Whether the C.C Case has been filed within the prescribed period   of limitation?.

      3. Whether denial of revision of electricity bill amounts to deficiency in service ?.

      4. Whether the complainant is entitled to any relief sought for ?.

Issue No:1

                  The Complainant is a Consumer U/s2/(42) of C.P Act-2019 where is O.P rendered services to the complainant relating to the supply of  electricity.

Issue No:2

 

                  The Complainant made several approaches to the O.P for revision of penal bill when he received the same on 15.03.2019 vide No:568 dt: 10.03.2019 and lastly on date: 21.03.2020 when the O.P disconnected the power supply to the premises of the complainant and demanded for  the payment of penal bill, cause of action arose from that date till the complainant filled the present C.C Case before this commission on dated 23.12.2020, when the O.P refused to the settle the claim of the complainant. So the C.C Case has been filled is well within the prescribed period of limitation as per the C.P Act-2019.

Issue No:3

            It was held by many SCDRC and also by NCDRC delay in settlement of claim is a deficiency in service as supply of electrical energy is coming under section 2 (42) of C.P Act-2019. In the present case in hand the O.P being a service provider has not revised the penal bill of the complainant which clearly amounts to deficiency in service. Therefore the O.P (service Provider) is liable to pay the damage sustained by the complainant and so also mental agony undergone for last two years.

Issue No:4

                  We have gone through the entire documents filed in this case and so also gone through the written version submitted by the O.P and we found that, in the W/V the O.p stated that they have made a spot verification in  the month of February-2015 in the house premises of the complainant but to our utter surprise the O.P has filled a SVR (Xerox Copy annexed)  wherein the date of the verification written as 24.11.2014 which is contradictory . So we are of the view that, there was no spot verification made by the O.P in the house premises of the complainant and the O.P have filled a manufactured/  fabricated documents in order to harasses this complainant instead of  revising  his bill by deducting the penal amount. On the basis of a fabricated document a penal bill can’t be imposed upon the complainant and accordingly  his bill should be revised as soon as possible.  Therefore the O.Ps are liable to pay compensation to the complainant due to the damaged and mental agony undergone by the complainant for last 2 years. This commission  is not inclined to pass any order respecting litigation cost.

O R D E R

                      Taking into all the facts and circumstances involved in this case it is directed that the O.P shall revise the Bill of the complainant by deducting the penal amount by keeping his load factor as 1 KW within a period of one month from the date of receipt of this order and further the O.P is directed to pay Rs. 5,000/- as compensation to the complainant   for mental agony and harassment sustained by the complainant. The C.C Case is allowed on contest.

            Issue extract of the Order to the concerned parties for compliance.

             Pronounced in the open Commission on this the 30^th day of September, 2020.