DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 11 OF 2014
Lokanath Thakur (58 Yrs),
S/O: Late Abadhut Thakur,
RO: Boxi Chowk, Lahandabud,
PS/Dist: Jharsuguda, Odisha……………….…….…………………..……Complainant.
Versus
- SDO,( Electricals-3), WESCO,
Near SDJM Court, Jharsuguda,
PO: OMP Line, PS/Dist: Jharsuguda.
- Executive Engineer, WESCO,
At- Beheramal,
PS/Dist: Jharsuguda, Odisha.……….…………….…….…..…..…….Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Parties Shri B.B. Barai, Adv. Associates.
Date of Order: 18.11.2014
Present
1. Shri S.L. Behera, President.
2. Shri S.K. Ojha, Member.
3. Smt.A. Nanda, Member.
Shri S.K. Ojha, Sr. Member :- The complainant’s case in brief is that, he is a consumer of O.Ps bearing consumer No. 413123060196 and was paying the electricity bills regularly. Due to wrong billing by the O.Ps. the complainant changed the meter in the month of December,2009 with a new one, but the O.Ps have not withdrawn the old meter reading billing amount calculated till that date. The complainant reported the matter to the O.Ps. but they did not take any step. The complainant was depositing the current billing amounts as per new meter reading regularly till December,2012. Since January,2013 the O.Ps. did not provide any bill to the complainant after repeated requests by the complainant. The O.Ps. ultimately disconnected the electricity connection of the complainant on dtd. 07.03.2014 without any prior information. The complainant put in dark as his children have faced problems in their study without electricity, including his daughter who is a student of engineering. As such the complainant filed this case along with a separate petition praying for interim relief. Being noticed, the O.Ps. appeared and filed written version through their counsel. The O.Ps. denied all the allegations imposed by the complainant except the fact of consumer number of the complainant. The O.Ps. submitted that the complainant was not paying the electricity bills regularly, so also the arrear bills and also denied about any meter change in December,2009. Due to the said reason the electricity connection was disconnected in the month of Nov., 2012 by serving intimation of having arrear amount of Rs.23,562/- only over the complainant, but the complainant has illegally reconnected the service line, which came to surface on dtd. 10.03.2014 at the time of inspection and again it has been disconnected on the same day. The O.Ps. complied the interim order passed by this Hon’ble Forum dtd. 11.03.2014 and reconnected the electricity line of the complainant. During the said disconnected period the O.Ps. have charged on average and calculated Rs.57,653/- only over the complainant including arrear bills. The O.Ps. further submitted that, the matter is not maintainable as per the provisions of Consumer Protection Act,1986 and filed some relevant citations. The O.Ps. denied on any deficiency in service on their part as they have performed as per the provisions of Electricity Act,2003 and prayed for dismissal of the case.
Heard from parties in length, perused the materials available in the case record. The O.Ps have filed several citations of Hon’ble Apex Court on the ground that, the case in not maintainable before this Forum. All the citations are relating to Section- 126,135 to 140, 153, 154….. of Electricity Act,2003. On the said ground Hon’ble Apex Court has barred the limitation of Consumer Foras, but in the present case, the O.Ps. have nowhere mentioned that they have taken any action against the complainant on any of the above mentioned sections. If the O.Ps could have taken necessary actions by imposing any of the provision of Electricity Act, 2003 or if any dispute / case could be pending before any appropriate court of law against the complainant on any of the provision of the Electricity Act, 2003, then against such action/s this Fora could have bind its hands against such actions. Although this Hon’ble Forum is not entering into the disputes arisen relating to electricity bills, rather considers the matter relating to commitment of any deficiency in service on the part of O.Ps. or not.
As the complainant, by being a BPL Card holder, is using the electricity connection from the O.Ps. by paying electricity bills, as such the complainant seems to be the ‘consumer’ and the O.Ps. shall be the ‘service provider’ as per the provisions of the Consumer Protection Act,1986. Thus this case is maintainable before this Hon’ble Forum and can be decided keeping into view on the suitable provisions of the Consumer Protection Act, 1986.
At time of disconnection of electricity connection by the O.Ps. on dtd 10.03.2014 the O.Ps. have not served any prior intimation to the complainant before the said disconnection. Whatever may be the bill amount it is the prime duty of the O.Ps. to serve a prior notice to the complainant before disconnection, rather the O.Ps. have issued a letter bearing No. 284 dtd. 07.07.2014 regarding arrear bill of Rs. 57,683.32P only upto March,2014 which the complainant has not received the same. During the pendency of the case, the complainant had expressed his eagerness towards payment of current electricity bills as well as arrear bills and prayed before this Forum to pass any such order so that the O.Ps. will provide regular bills. Subsequently, by allowing the said petition, this Hon’ble Forum had pleased to pass an order dtd. 02.07.2014 directing the O.Ps to issue electricity bills month wise. However the O.Ps. have issued the said letter dtd. 07.07.2014 but failed to serve to the complainant, as such the complainant was in dark of such letter.
As the O.Ps. have not issued any prior intimation to the complainant before disconnecting the electricity connection and not issuing the regular month wise electricity bills to the complainant, such activities of the O.Ps. are found to be deficient in their service. Hence, we are in considered opinion to allow the complaint petition by directing the O.Ps. to issue regular month wise electricity bills to the complainant and pay a sum of Rs. 10,000/- (Rupees ten thousand) only towards harassment, mental agony and cost of the case, which may be adjusted in the further electricity bills of the complainant, subject to receipt of legitimate electricity bills amount from the complainant which shall be carried out within a period of one month from the date of receipt of this order.
Accordingly the case is disposed of.
Order pronounced in the open court today the 18th day of November’ 2014 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree.
Sd/- A.Nanda, Member (W) Sd/- S.L.Behera, President Ad/- S.K.Ojha, Sr. Member
Dictated and corrected by me.
Sd/- S. K. Ojha, Sr. Member
