DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 63 OF 2015
Sushil Kumar Agrawal,(50 Yrs.),
S/O: Late Radheshayam Agrawal,
Managing Director Shree Radharaman Stone Crusher Pvt. Ltd.,
R/O: AT/ PO: Belpahar,
Dist- Jharsuguda, Odisha…………………..…………………………..…..……. Complainant.
Versus
- S.D.O,(Electricals), WESCO,
At- Gumadera ( Gountiapada, PO: Belpahar,
Dist: Jharsuguda, Odisha.
- Executive Engineer, WESCO,
AT- Brajrajnagar,
Dist: Jharsuguda, Odisha.
- Junior Engineer, WESCO,
At: Bhiampali, PO: Panchgaon,
Dist- Jharsuguda, Odisha................................................................. Opp. Parties.
Counsel for the Parties:-
For the Complainant Abdul Zalil, Advocate.
For the Opp. Parties Shri B. B. Barai, Adv. & Associates.
Date of Order: 27.04.2016
Present
1. Shri S.L Behera, President.
2. Smt. A. Nanda, Sr.Member.
Shri S. L. Behera, President :- The complaint case in brief is that, being the Managing Director of Shree Radharaman Stone Crusher Pvt. Ltd. located at village Chhuipali in the district of Jharsuguda obtained electric connection from the O.Ps.,WESCO vide consumer No. BRL/ 07-0092 for running the stone crusher unit. He has regularly paid the electric bills to the O.Ps.,WESCO as and when demand bills were issued to him. On dtd. 22.08.2015 due to break up one of the ware , supply of electric energy to the crusher unit of the complainant power supply was disrupted and the said disruption continue from dt.22.08.2015 for a period of 05 days since the stoppage of supply of electric energy to his crusher plant for consecutive period of 05 days, i.e up to 27.08.2015. It is alleged by the
complainant to have sustained loss of income Rs.4,66,200/- per day in total Rs.18,64,800/- only which is calculated on the basis of statement issued by DIC, Jharsuguda due to non-
restoration of supply line by the O.Ps. WESCO. Alleging deficiency in service on the part of the O.Ps, WESCO electric Company the complainant sought for a direction for payment of Rs.18,64,800/- only towards financial loss and Rs.10,000/- only for compensation.
Being notices, officers of the O.Ps,WESCO on putting their appearance through their counsel filed Written Version, admitting to have supply the electricity line in question to the crusher unit of the complainant. Disruption in supply of electric energy to the crusher unit from dt.22.08.2015 up to 22.08.2015 2.30pm has not denied by the O.Ps,WESCO. But submitted the dt.23.08.2015 same persons of the village Jharupada without informing of technical personnel of the company were cutting tree adjacent to 11KV supply line of the complainant’s crusher unit and due to falling of tree branches over the supply line power supply became break down due to short circuit. The O.ps further submitted that while the staff of the O.Ps,WESCO tried to rectifying the defect over the supply line due to threatening of local persons out of fear could not rectified the supply line and FIR was also lodged before local police station by the lineman, leading to arrest of the culprit and on dt.27.08.2015 at 2.30Pm power supply was restore to the crusher unit. According to the O.Ps,WESCO non-restoration of the supply line from 22.08.2015 to 27.08.2015 is not due to negligence on their part but is due to happening of unexpected event which obstructed for early restoration. And prayed for dismissal of the complaint.
We have perused the complaint petition, written version, along with available martials evidence on record. We have also heard respective case of the parties their respective counsel arguing before the Forum.
Copy of agreement executed by the parties dt.07.12.2009 has been produced by the complainant. The said agreement effected from 1st February,2008. The O.ps. WESCO undertake to supply electric energy to the crusher unit of the complainant and the complainant has also agreed to pay the electric li bills tendered by the O.Ps,WESCO. In this case there is no dispute regarding non-payment of electric bills. The dispute raised here is relating to non-supply of electric energy to the crusher unit from dt.22.08.2015 to 27.08.2015 whatever may be the reason, as explained by the O.Ps in their written version, it is admitted fact that the crusher unit of the complainant could not run from dtd. 22.08.2015 to 27.08.2015 for want of electric energy. Obviously the complainant must have sustained financial loss due to stoppage of production at the unit. It is prime duty of the O.Ps,WESCO to give supply of energy to the big industrial unit and to be vigilant that the unit shall not be stopped to run due to want of electric. The complainant has sustained financial loss of Rs.18,64,800/- only which is calculated on the basis of statement issued by the DIC, Jharsuguda. To that effect the complainant has filed his evidence in shape of affidavit which
is no rebutted / challenged by the O.Ps. Taking into consideration, the circumstances for which the complainant has been deprived of from getting electric energy for his unit due to non-restoration of electric energy for a period of 05 days.
In our opinion the complainant is entitled for financial loss and compensation from the OPs.WESCO, we therefore allowing the complaint of the complainant. Hence we direct the O.Ps,WESCO to pay a sum of Rs. 18,64,800/- ( Rupees Eighteen lakhs sixty four thousand eight hundred) only towards financial loss to the complainant. Further the O.Ps are hereby directed to pay a sum of Rs. 20,000/- (Rupees twenty thousand) only towards harassment, mental agony including litigation cost to the complainant within a period of two month from the date of receipt of this order.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 27th day of April’ 2016, copy of this order shall be communicated to the parties as per rule.
I Agree,
A.Nanda, Sr.Member S.L.Behra, President
Dictated and corrected by me,
S.L.Behra, President
