Presented by Miss R. Pattnayak, President .
(1) Deficiency in Electricity service against the Opposite Parties is the grievance of the Complainant.
(2) Briefly stated the case of the Complainant that he is a consumer of WESCO being managed collectively and severally by the Opposite Parties vide Consumer No. DOM-IR-41, A/c No.415302150203. The Complainant is a weaver by profession and was availed electricity supply in his house since more than thirty years and was paying regularly the energy charges consumed by him (Complainant) without any interruption from any point of time. But surprisingly the Complainant received the energy charges bill of Rs.11,786/-(Rupees eleven thousand seven hundred eighty six)only up to July 2007 and found in the said Bill that Rs.277/-(Rupees two hundred seventy seven)only has been charged for the period of June-July 2007. So the Complainant has made request to the Opposite Parties vide letter Dt.22/10/2007, Dt.23/10/2007, Dt.24/11/2008 to revise the bill but they shown deaf ear to the matter. In the month of April-2012, when the Complainant had been to Opposite Party No.1(one) for payment of subsequent electric bill, the Opposite Party No.1(one) refused to received the payment of bill rather disconnected the connection of the Complainant's house on Dt.18/05/2012 without prior notice to him. The Complainant further submits that is a weaver and due to the disconnection of electricity, he is unable to perform his weaving work properly which caused irreparable loss to him. At last on Dt.26/06/2012 send a Notice to the Opposite Parties for reconnection of his line but the Opposite Parties neither reply nor complied and till to-day the Complainant is living without electric connection. Alleging deficiency in service on the part of the Opposite Parties, the Complainant prayed to direct the Opposite Parties to pay compensation of Rs. 2,60,000/-(Rupees two lakh sixty thousand)only towards loss, damage, mental agony, litigation cost and any other relief as deem fit and proper by the Forum in the best interest of Justice.
In support of the case, the Complainant filed certain documents.
(3) On being noticed, the Opposite Parties No.1(one), No.2(two) and No.3(three) appeared and filed version through legal counsels. The Opposite Party No.4(four) and No.5(five) set ex-parte for his non-appearance before the Forum on date fixed for appearance and version.
(4) The Opposite Party No.1(one), No.2(two) and No.3(three) in their version jointly have submitted that, the Complainant is an occasional payee of monthly electric bill and the arrear outstanding against him up to April-2013 is Rs.12,488.93(Rupees twelve thousand four hundred eighty eight and ninety three paise)only against the Complainant for payment. The Opposite Parties in their version also submitted that the wrong billing for the period from December-2004 to September-2008 has already been rectified by the Opposite Parties since November-2008 and an amount of Rs.7,172/-(Rupees seven thousand one hundred seventy two)only has been deducted from the available arrear amount till November-2008. After the above correction the monthly bills were since been served on the Complainant and without going in to the the fact of bill revision, the Complainant is litigating against the Opposite Parties for further bill revision of same period. The Opposite Parties further submitted that the Complainant is a habitual defaulter in the payment of electric bill, so for in the above cause, the Complainant has been intimated by the Opposite Parties to pay the arrear amount to keep alive the power supply to his premises. At last, the village committee of Budapali, who are empowered to look in to smooth power supply to the village have taken action against the Complainant and by interfering with the system of Opposite Parties have disconnected the power supply of the Complainant. The Opposite Parties further submitted that they have not neglected in their service. They have already revised the defective bill and there is no wrong billing against the Complainant and there is no disconnection of power supply by the Opposite Parties. It is disconnected by the village committed to whom the Opposite Parties have already warned on Dt.30/03/2313 not to interfere further with the supply system of Opposite Parties. The non-restoration of power supply to the house of the Complainant is due to resistance of the Complainant which the Opposite Party No.1(one) vide letter No.50 Dt.06/04/2013 intimated to the Opposite Party No.2(two) authority. There is no deficiency in service made by the Opposite party and these Opposite Parties are not liable to pay any compensation to the Complainant. Hence prayed to dismiss the case.
(5) On the date of hearing, we heard argument from both sides at length. We have gone through the Complaint petition, version and documents available in the record. It is not disputed that the Complainant is a consumer of Opposite Parties vide consumer No. DOM-IR-41, A/C No.415302150203.
It is the only sole allegation of the Complainant is that the bill received from the Opposite Parties is a mischievous bill showing huge amount. On the other hand, the Opposite Parties claims that the Complainant is a habitual defaulter of payment of electricity dues.
We perused the meter card i.e. Exhibit-4 where we deserved that the reading on Dt.23/07/2007 is 7627 and the previous reading was 7594. So the consumption of June-July is 33 unit as per the reading taken by the meter reader who is the authorized person of WESCO and it is also observed by the Forum that, up to July-2007, the Complainant has been paying the energy bill regularly.
Further on perusal of the physical verification from i..e Exhibit-5 we found that according to the report of Junior Engineer, WESCO the meter status is OK, meter seal is OK and terminal over seal is OK. From the above averments of the Complainant and relying upon the documentary evidence, we doubt about the huge amount in the Electricity bill for the month of June-July-2007 and accept that the Complainant's allegation is true.
Further, the request of the Complainant to the Opposite Parties for revision of the electricity bill is also not taken in to consideration by the Opposite Parties. The Opposite Parties have also not filed any scrap of paper to prove that they have already rectified the bill since November-2008. The Complainant submitted that the village committee have disconnected his electricity supply on the other hand, the Opposite Parties have submitted that village committee of Budapali are empowered to look into smooth power supply to that village and are authorized by the WESCO to taken action against the Complainant and accordingly have disconnected the power supply to the house of the Complainant, but in this regard the Opposite Parties have not filed the said authorized letter to show that, the village committee of Budapali is authorized by the WESCO to disconnect the power supply and to take any action against the Complainant. Another thing is that, is is also seen from the case record that even after Notices send from the Court to the Opposite Party No.4(four) vide Office letter No. 195 Dt.13/05/2013 and Regd. Post No. R0502406909IN and Opposite Party No.5(five) vide Office letter No. 196 Dt.13/05/2013 and Regd. Post No. R0502406957IN who are well responsible officers of the WESCO when have not giving due regards to the Court's proceeding and did not obey the Court's order, then what kind of attention they would be given to the common man. They also neither contested in this case nor filed their version. So this clearly shows that they are will fully disobeyed the orders of the Court. Thus the Forum accepted the version of the Complainant.
Hence Order:-
- O R D E R-
(1) The case of the Complainant is allowed and the Opposite Parties are here-by directed first to reconnect the power supply of the residence of the Complainant within seven days from the date of received of this Order positively.
(2) Further the Opposite Parties are directed to provide a revised bill as per the correct meter reading to the Complainant with effect from June-2007 to till disconnect of power supply.
(3) After receiving the revised bill, the Complainant has to pay the arrear amount as per the present revised bill within a period three months in three installment. The Opposite Parties are directed to carry out the above order with in one month from the date of receipt of the order. Under the facts and circumstance of the case, the Forum is not inclined to allow any compensation or cost in favour of the Complainant as claimed.
Copy of the order be furnished to the parties free of cost.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree, (Miss Rajlaxmi Pattnayak) ( Smt. Anjali Behera) (Sri Pradeep Kumar Dash)
P r e s i d e n t. M e m b e r. M e m b e r.