Orissa

Malkangiri

CC/5/2020

Sub Divisional Office Electrical - Complainant(s)

Versus

Sailabala Biswas - Opp.Party(s)

Self

09 Feb 2021

ORDER

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Complaint Case No. CC/5/2020
( Date of Filing : 20 Jan 2020 )
 
1. Sub Divisional Office Electrical
Malkangiri
...........Complainant(s)
Versus
1. Sailabala Biswas
Mpv.30 Pin-764087, Dist.Malkangiri
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sabita Samantray PRESIDING MEMBER
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
PRESENT:
 
Dated : 09 Feb 2021
Final Order / Judgement

 

  1. Brief fact of the case of complainant is that he has provided electrical service to the O.P. vide consumer no. 7131027Q0054 which was utilized by the complainant since 22.03.2011 with an assurance to pay the electricity bill as per OERC guidelines, but the O.P. has not paid the electricity dues amount to Rs. 20,007/- upto 10/2019.  It is alleged that several approaches made to the O.P. did not give any fruitful result which caused loss to them so also complainant sent several times to their staffs to collect the dues but the O.P. did not respond to pay, thus being harassed by the O.P., complainant filed this case with a prayer to direct the O.P. to pay the outstanding dues alongwith Rs. 5,000/- towards compensation to him.
     
  2. The O.P. though received the notice which was sent through Regd. Post vide RL No. RO900235045IN dated 04.02.02020, but did not choose to appear in this case nor filed his counter versions nor also participated in the hearing, inspite of ample opportunities given to him, as such we lost every opportunities to hear from him and all the allegations made against him remained unchallenged and became unrebuttal.
     
  3. Complainant has filed certain documents in support of his allegations with certain citations of higher Forum.  During hearing, only complainant was present.  O.P. is absent on repeated calls, as such we lost every opportunities to hear from him and heard only from the complainant.  Perused the case records and material documents available in the record and we have decided the case on merit. 
     
  4. It is an evidentiary fact that the O.P. has consumed the electricity and utilized the services rendered by the complainant utilizing the electric consumer no. 7131027Q0054 since 22.03.2011.  Complainant filed document to that effect.  It is also ascertained from the documents that as on 10/2019 the O.P. has an outstanding dues of Rs. 20,007/- to the complainant.  Complainant also filed document to that effect.  Further it is ascertained that the O.P. though have received the notice from the Fora, did not choose to appear in this case nor choose to file their counter version to make any contradiction so also did not participate in the haring also, as such we lost every opportunities to hear from him, and we have no hesitation to disbelieve the versions of the complainant.  In this connection, we have fortified with the Judgement of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and another, wherein it is held that “Unrebutted averments shall be deemed to be admitted.” Further we have gone through the verdicts of Hon’ble National Commission in the case between Shri Harwinder Singh Randhawa and Ors Vrs Avalon Resorts (P) Ltd and Ors, wherein it is held that “One is supposed to pay allowance when thing is utilized by him.”
     
  5. Hence considering the above discussions and facts and circumstances, we feel, the complainant is entitled and deserves to get the outstanding dues from the O.P. as well as compensation, as the complainant must have suffered some mental agony and physical harassment, for which he was compelled to file this case incurring some expenses.  Considering his sufferings, we feel a sum of Rs. 2,000/- towards compensation and Rs. 1,000/- towards cost of litigation will meet the end of justice.  Hence this order.

                                                                                                       ORDER

        The complaint petition is allowed in part and the O.P. is herewith directed to clear the outstanding dues of Rs. 20,007/- to the complainant and also to pay Rs. 2,000/- towards compensation and Rs. 1,000/- towards costs of litigation within one month from the date of receipt of this order, failing which, the arrear dues shall carry interest @ 6% per annum from the date of 10/2019 to till payment. 

        Pronounced in the open Forum on this the 9th day of February, 2021. Issue free copy to the parties concerned.

 
 
[HON'BLE MRS. Sabita Samantray]
PRESIDING MEMBER
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

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