Orissa

Kendujhar

111/1997

Bhabani Prasad Mishra - Complainant(s)

Versus

Sri S. Sahu - Opp.Party(s)

10 Nov 1997

ORDER

BEFORE THE PRESIDENT: DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDUJHAR

C.D. CASE NO.111 / 1997

                         Bhabani Prasad Mishra,

                         S/o: Late Brajakishore Mishra,

                         At: Buladwara Sahi,

                         P.O/Dist: Keonjhar  ………………………..Complainant

                                                  Vrs.

                         Sri S. Sahu,

                         At present serving as Executive Engineer,

                         Put name seal by S.D.O. No.1,

                         Keonjhar Electrical Division,

                         O.S.E.B. now GRIDCO, Keonjhar,

                         At/P.O/Dist: Keonjhar………………………Op. Party

                         For complainant: Himself

                         For O.P: Sri G.K. Parida & Sri T.R. Acharya (Advocates)

          Present: Sri B. Acharya, President

                         Miss P. Parija, Member

                                      And

                         Dr. K.K. Dwibedi, Member

_____________________________________________________________________________________________

DATE OF HEARING: 22.09.1997                                                                             DATE OF ORDER: 10.11.1997

Sri Binayak Acharya, President: The brief facts of this case is that, the house of the complainant was connected with the electricity having meter No.D11 D41 stands in the name of his father Late Brajakishore Mishra would have been since last 13 years and in spite of several requests the connection has not been changed to the name of the complainant or his mother. On 31.7.97 at about 2 pm the complainant heard from his mother that some unknown person has been on the electric pole for stealing electric wire and on protest of his mother they disconnected the electric connection from the house of the pole. On the local enquiry the complainant came to know that those were the employee of O.S.E.B. under the GRIDCO, Keonjhar. So he lodged a FIR at the town Police Station and at the same day have also enquired from the OP who admitting disconnection gave evasive reply and abused the complainant. Though the meter was in order the OP noted that the meter was defective. Though the OP issued the bill in excess showing 540 units which is unreasonable and which was payable on or before 30^th July 1997 vide Ext.1. It was received by the complainant one day after i.e. 31^st July 1997. In support of which the complainant has filed an affidavit duly showrn to have received the bill on 31^st July 1997 before the Court of the Executive Magistrate, Keonjhar vide Ext.2. Due to arbitrary action of the OPs the complainant suffered from harassment, mental agony along with his family members and filed this case on 1.8.97 with a prayer to give the direction to the OP to make immediate reconnection of electric line without any charge and for compensation towards his sufferings.  

2. After admission of this case notice was served on the OP who filed his written version on 11.9.97. Thereafter, the trial was taken up. During hearing of the case it is found that though the complainant relied on the documents like copy of FIR and copy of the notice by the OP the copy of FIR was not available in the record and the original disconnection notice by the OP vide Ext.2 is found to have filed by the complainant on 6.8.97 after receipt of the complaint in consideration of the difficulties if at all of the complainant the interim order was given to the OP to give immediate connection on 7.8.97 and the OP was also directed to explain how he had disconnected the electric line on 31^st July, 1997 when there was definite mention of date of disconnection for default on 5^th August, 1997 if the bill payable is not deposited on or before 31^st July, 1997.   

3. On perusal of the records it is found that the OP have given immediate connection to the house of the petitioner to which the complainant has admitted to have been given on 8.8.97 at 6 pm as per the direction of the court vide his memo dated 14.8.97. The defense plea of the OP in his version that until and unless the death of the consumer of the electricity is not intimated to the OP it is not possible on the part of the OP to know such facts unless brought to his notice and there is proof available in the record that the fact of the death of Sri Brajakishore Mishra was brought to the notice of the OP. There is also no proof available in this record to have submitted any application to the OP to transfer the consumer ship by any of the successors of the Brajakishore Mishra until and unless it is applied for. It is not practicable on the part of the OP to transfer the consumer ship to anyone else. As per the allegation the proof of abuse of them OP is not available. The allegation of meter defect is not believed as proof of such defect is not found during trial of the case and if the complainant was actually aggrieved by the defect of the meter he would have given the declaration that the meter is defective and would have applied for the meter testing at the same time. At the belated stage the documents filed on behalf of the complainant on 25.10.97 came to my notice whose copy was not served on the OP and the first document was the copy of the FIR in which it has been mentioned that the S.D.E. No.789, dt.31.7.97 to the Inspector in-charge of Town Police Station but on verification it is found that neither the copy submitted is a copy of FIR issued by the O.I.C nor the extract of the S.D. Entry Number 789 dt.31.7.97 as mentioned rather it is a copy of the letter written to the Inspector in-charge of Town Police Station, Keonjhar by the complainant himself if at all it was the S.D. Entry No.789, dt.31.7.97 as a non-cognizable case how the complainant being a seasoned practitioner submitted it to be a copy of the FIR of a cognizable case. The receipt of payment to GRIDCO on 17.3.97 of amount Rs.2450/- is neither alleged nor disputed. Therefore, these filed documents are of no avail.

4. On perusal of the written version by OP though the OP did not directly admitted to have disconnected the electric line from the house of the petitioner in the last para of the paragraph-6 of their version they have admitted that after receipt of the court’s order the OP immediately order on verification of the line and deposits of carbon were found from the complainant’s premises and the same was cleared up and the supply was restored. Though it was shown to have been disconnected due to technical ground but it is otherwise admitted that the line was disconnected, they had restored it. Presumption goes against the OP that they had actually disconnected the electric line as alleged on 31^st July, 1997 in spite of their notice for disconnection to be made on default any time after 5.8.97 and tried their level best to get rid of their charge showing the plea of technically of carbon difficulties.

O R D E R

5. Under the above peculiar circumstances this case is decreed in part against the OP without cost & with a compensation of Rs.200/- (Rupees two hundred) to be paid within 7 (seven) days of the judgment failing which 12.5% interest will be borne by the OP till finalization. They are also strictly warned that they should not commit such type of gross mistake in any other case henceforth.

Orders pronounced in the open Forum today i.e.  10^th day of November, 1997 under my hand and seal of the Forum.

              I agree                                                   I agree

     Dr. K.K.  Dwibedi                                      Miss P. Parija                           Sri B. Acharya 

            Member                                                 Member                                  President

 

                                                                                      Dictated and Corrected by me.

                                                                                                     Sri B. Acharya 

                                                                                                        President

 

      BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION ODISHA, CUTTACK

C.D. APPEAL NO.996 of 1997

In the matter of   :

                                     An appeal U/s 15 of the Consumer

                                     Dispute Act, 1986:

                                                    AND

In the matter of   :

                                      Executive Engineer,

                                 Keonjhar Electrical Division,

                                 Grid Corporation of Orissa Ltd.

                                 At/P.O/Dist: Keonjhar

                                     (Opp. Party)                                       .     .     .    Appellant

                                                 VERSUS

                                  Bhabani Prasad Mishra,

                                  S/o: Late Brajakishore Mishra,

                                  At: Buladwara Sahi,

                                  P.O/Dist: Keonjhar 

                                      (Complainant)                                  .     .     .    Respondent

                                                                                                           

C.D. APPEAL NO.996 OF 1997

Order Dated 11.10.2007: Admittedly, Brajakishore Mishra father of the respondent was the consumer of electricity. His death was not intimated to the appellant. Therefore, there was no scope to bring any other person as consumer on record in place of the deceased consumer. The line was disconnected for non-payment of dues, but connection was given immediately when the actual fact came to light. Therefore, the District Forum should have dismissed the complaint and should not have granted any compensation in favour of the respondent.

2. In the result, we set-aside the impugned order, dismiss the respondent’s complaint and allow this appeal.

           Records received from the District Forum may be sent back forthwith.

 

                                                                                                                                                   Sd/- 

                                                                                                                                  (Justice R.K. Patra)                                                                                                                                                                                 

                                                                                                                                            PRESIDENT 

                                                                                                                                                                                                                                

                                                                                                                                                   Sd/-    

                                                                                                                                  (Sri Subash Mahtab)

                                                                                                                                              MEMBER