Orissa

Bargarh

CC/07/93

Krushna Sahu - Complainant(s)

Versus

Sectional Officer, Electrical (WESCO), - Opp.Party(s)

Sri G.D.Pati and others

23 May 2008

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/07/93

Krushna Sahu
...........Appellant(s)

Vs.

Sectional Officer, Electrical (WESCO),
Executive Engineer (WESCO),
Sub-Divisional Officer, Electrical (WESCO),
Superitending Engineer,
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI BINOD KUMAR PATI 3. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

Presented by Sri G.S.Pradhan, President . The present complaint pertains to deficiency of service as provided under the Consumer Protection Act. 1986. Its brief history is as follows:- The Complainant has dug a Bore-well in his share of land and he is pumping out water by electric motor being current supplied by the Opposite Parties through the transformer installed by the Opposite Parties at village Tejagula. The Complainant has cultivated Sugarcane upon his 2.60 acer land on Dt.23/06/2006 and Dt.24/06/2006 after obtaining loan from the Bhatli Branch of Sugar Factory, Bargarh. He had spent Rs.31,900/-(Rupees thirty one thousand nine hundred)only for cultivation of Sugar Cane crop. He had paid the dues on Dt.29/06/2006 of the electric bill Dt.08/06/2006 and is not a defaulter. He was regularly paying the bill. But, inspite of payment, the staffs of Opposite Parties disconnect the electric line to the Bore-well of the Complainant on Dt.29/06/2006. Several request was made by the Complainant for reconnection of the line, to save his Sugar cane crop. Inspite of repeated approach, the Opposite Parties did not response to the plight of the Complainant and defferred the matter with some pretext or others. The Complainant also made his grievance to the Sugarcane Office of Bhatli Branch, on Dt.07/07/2006, District Magistrate and Collector and O.I.C., Bhatli on Dt.10/07/2006 in the matter to take necessary action. Inspite of repeated approach made by the Complainant for reconnection of line to the dug well to save the Sugar cane crop, the Opposite Parties did not listen to the request of the Complainant, thereby the crop got completely damaged and sustained a loss of Rs.78,000/-(Rupees seventy eight thousand)only for the negligence act of the Opposite Parties. The Complainant claims a sum of Rs.1,09,900/-(Rupees one lakh nine thousand nine hundred)only for the loss and mental agony sustained by the Complainant for the deficiency in service by the Opposite Parties. The Opposite Parties in their version admit to fact of the Complainant being a consumer of the Opposite Parties and power was supplied to his motor pump from the transformer at village Tejagola installed by the Opposite Parties. The other allegation by the Complainant in his complaint petition are categorically denied by the Opposite Parties. The contend that, the Complainant is not a regular payee consumer and was defaulted in payment of electric dues on several occasion. The Opposite Parties or their staff have never disconnected the power supply and there was continuous supply of energy to the Bore-well of the Complainant. So the Complainant has not suffered any loss for the act of the Opposite Parties. The Opposite Parties have not shown any deficiency in service to the Complainant and are not liable to pay any compensation to the Complainant and prays for dismissal of the Complaint. Perused the Complaint petition, OP's version as well as the copies of documents filed by the Parties and found as follows:- The Complainant alleges that, the Opposite Parties have disconnected the power supply to his Bore-well and after repeated request made by the Complainant to the Opposite Parties as well as Collector, Bargarh, O.I.C., Sohella and Sugar Mill Branch at Bhatli, no any action for reconnection of power supply to the Bore-well was taken by them. So due to non-supply of electric line, the Sugarcane crop cultivated on his share of 2.60 acres of land got completely damaged and the Complainant suffered financial loss and mental agony. In support of his case, the Complainant has filed some copies of documents. The copies of record of rights of Khatiyan No.69 filed by the Complainant stands recorded in the name of one Raja Sahu and it does not discloses that, the Complainant is the owner and in possession of 2.60 acres of land out of this Khata No.69. The other copies of documents relied on by the Complainant are not authenticated, which was not proved by the Complainant. No any material was placed before the Forum to prove the case of the Complainant. The Complainant has neither adduced any evidence in shape of affidavit or in any other form to establish a case of deficiency in service on the part of the Opposite Parties. Complaint dismissed Complaint disposed of accordingly




......................MISS BHAGYALAXMI DORA
......................SHRI BINOD KUMAR PATI
......................SHRI GOURI SHANKAR PRADHAN