Both parties file their respective advocate’s hajira. It appears from the record that a put up petition has been filed by the Complainant on 22-11-2017 praying for restoration of the electric connection in the premises of the Complainant which was disconnected by the O.P. on 20-11-2017 during the pendency of this case. Accordingly, the O.P. was directed to appear before this Forum on 19-01-2018 for hearing on that petition. But on that day Ld. Advocates for the O.P. stated that they have not received any such petition and prayed for time.
Subsequently, today is fixed for hearing of the petition dated 22-11-2017 filed by the Complainant.
Let it be registered as Misc. Case no.01 of 2018.
The Misc. Case is taken up for hearing
In brief the Complainant’s case is that they enjoyed electric connection in the name of his father Kanailal Mahanty vide Consumer ID No.232045733. After the death of his father the Complainant filed an application to insert his name as consumer but the O.P. did not pay any heed. Thereafter the O.P. issued a bill of Rs.11,062/- for the period of Feb, 2004 to April 2004 without taking any meter reading. The Complainant made a complaint against
that bill but without any notice the O.P. disconnected the electric connection on May, 2004. Long after that the Complainant deposited Rs.11,062/- on 17-12-2014 and prayed for restoration of electric connection and the O.P. restored the electric connection and installed a new meter on 06-02-2015. After installation of the new meter the O.P. issued one bill dated 06-05-2015 demanding Rs.15,006/- for 237 units including outstanding bill of Rs.13,677/- and also Rs.19,099.95 for others outstanding. The Complainant asked the O.P. for such huge amount of bill though the Complainant did not enjoy electric connection since May 2004 to January 2015 and requested to accept Rs.1366.32 for 237 units which he enjoyed after new connection. But the O.P. refused the proposal of the Complainant. The Complainant agreed to pay the full amount against the specific units for avoiding disconnection but the O.P. refused to accept the same without outstanding amount. Thereafter, the Complainant received a notice on 15-09-2016 demanding Rs.23,587/- as outstanding upto August 2016 and another letter on 06-07-2017 demanding Rs.34,511/- as outstanding due without mentioning specific period. Hence, the Complainant filed this case praying for inter alia a direction upon the O.P. not to disconnect the electric connection vide Consumer ID no.232045733 till disposal of the instant case.
At the time of hearing, Ld. Lawyer for the Complainant stated that the instant case was filed on 25-08-2017 and was admitted by the forum on 30-08-2017 and issued notice upon the O.P. and after receiving the notice the O.P. appeared before this Forum on 20-11-2017 through Ld. Advocate but on the same day the O.P. without any information forcibly disconnected the electric connection of their premises. Hence the Complainant filed this petition.
Ld. Lawyer for the O.P. verbally raised objection against that petition and stated that he is unable to explain the reason regarding the disconnection of electric line of the Complainant ‘s premises as the concerned Station Manager of Indpur CCC did not supply the necessary document for his illness and again prays for time for filing W.V.
On the other hand Ld. Lawyer for the Complainant stated that the Board Examination of his children will be held after one month and they are facing problem to prepare themselves without electric connection.
Heard Ld. Lawyer of both sides and perused the documents on the record. The documents show that the Complainant paid Rs.11,062 on 17-12-2014 vide receipt no.129400850613 and prayed for restoration of electric connection of his premises vide letter dated 17-12-2014. The electric bill dated 06-05-2015 shows that the Complainant consume 237 unit and Gross amount to be paid for that unit is Rs.1366.32. But it is mentioned in the bill that outstanding due Rs.13,677.14 and outstanding others Rs.19,099.95. It is also mentioned in that bill Normal meter BB284606 was replaced. In the second column of the bill there are two meter number with previous reading and present reading. First one is L4062894 whose previous reading is 0.00 and present reading is 237 and the second one is BB284606 i.e. the replaced meter whose previous reading is 14490.00 and present reading is 14490.00. Therefore, it is clear from the bill that the Complainant consumed 237 units in the new meter and he paid the due amount of Rs.11,062/- of the old meter connection since May 2004 to January 2015. So, the reason of demanding outstanding due is not clear from the above bill and we find prima facie of the Complainant case.
Moreover, the record shows that the O.P. after receiving the notice of the instant case disconnect the electric connection of the Complainant’s premises. It also appears from the record that the petition filed by the Complainant for restoration of the electric connection along with the order no.04 dated 22-11-2017 of this Forum has been received by the O.P. on 19-01-2018 with direction to explain the cause for disconnection of the electric connection of the Complainant’s premises during the pendency of this case. Ld. Lawyer for the O.P. stated that he could not collect the necessary documents regarding this matter from the electric office for the illness of the Station Manager, Indpur C C C. The pleading of the O.P. is not tenable at all as they got sufficient time to collect the necessary paper regarding the matter but they did not take any effective measure. So, we can resume that either the O.P. has not sufficient reasons to explain or it is simply the negligence on the part of the O.P. The Complainant must not suffer for such latches of the O.P. particularly for the essential commodities like electricity.
Considering the balance of convenience and inconvenience it also appears that Complainant should be given interim relief as prayed for.
It seems to us that whether there is any outstanding dues or not or what should be the exact amount of outstanding dues if there be any at all will be adjudicated af the time of final hearing of this case and as such at this stage considering the materials on record O.P. is hereby directed to restore the electric line in the premises in question of Complainant.
Thus this Misc. Case No.01 of 2018 is hereby disposed of.
To 28-02-2018 for filing W.V. by the O.P. and for further order.
A copy of this order along with the copy of the petition filed by the Complainant on 22-11-2017 send to the O.P. immediately.
