Date of filing:- 25/06/2015

Date of Order:- 06/04/2016

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 39 of 2015.

Debendra Bhoi, S/o Late Makta Bhoi, Occupation- Cultivation and Service, R/o. Singhenpali, Ps/Tahasil- Bheden, Dist. Bargarh.

..... ..... ..... Complainant.

• V e r s u s -

Western Electricity Supply Company of Odisha Ltd. Represented through its.

1. Sub-Divisional Officer, Electrical, Barpali, Po/Ps- Barpali, Dist. Bargarh.

2. Executive Engineer, BWED, Near- N.H.-6, Bargarh, Po/Ps/Dist. Bargarh.

3. Superintending Engineer, Electrical, At- Bandutikra Chowk, Bargarh, Po/Ps/Dist. Bargarh. ..... ..... ..... Opposite Parties.

Counsel for the Parties:-

For the Complainant :- Sri S.K. Panda, Advocate with others Advocates.

For the Opposite Parties :- Sri K.Pradhan, Advocate with others Advocates.

-: P R E S E N T :-

Mrs Anjali Behera .... ..... ..... ..... M e m b e r.(w), I/c President.

Sri Pradeep Kumar Dash ..... ..... ..... ..... M e m b e r.

Dt.06/04/2016. -: J U D G E M E N T:-

President by Smt. A.Behera, Member, I/c President.

Brief facts of the Complaint:-

One Devendra Bhoi @ Complainant files Complaint against the designated Opposite Parties alleging deficiency of service and prays for suitable compensation for all kinds of losses incurred in the matter. Complainant is a Consumer of the Opposite Parties as he has taken as Electric connection bearing Consumer No. 5150-0116-0571 and for classification purposes comes as a consumer for purpose of irrigation pumping and agriculture through deep bore well for cultivation in his land measuring A 2.68 decimal situated over Khata No.161 and 34 Plot No. 928 and 193 of village Singhanpali, Dist. Bargarh. During the month of April-2015 vide Dt. 08/04/2015 to be precise due to heavy cyclone the transformer and poles got damaged completely and supply Electricity supply has been stopped. Complainant informed the damage of transformer to the Opposite Parties several times to repair the distribution system as soon as possible apprehending loss to the standing crops lacking irrigation due to non supply of electricity. But nothing happened and the Opposite Parties acted as per their wish and a delay of around forty days happened till the supply reestablished after due repair work has been conducted allegation of the Complainant is that due to this delay in repairing and non-supply of electricity his standing crops got damaged to the extent of 80% and is only because of negligence on the point of the Opposite Parties through there is rule in their own laws to ensure reestablishment/repair of transformer damaged within 48(forty eighty) hours of getting information in rural areas and Opposite Parties did their work with a delay of around 40(forty) days which damaged the crops of the Complainant and he faced monetary, physical and mental losses in this process complainant estimates Rs.1,51,000/-(Rupees one lakh fifty one thousand)only as just compensation for this purpose and prays for a direction from the forum for the realization.

Complainant relies on the following set of documents to substantiate then case which he filed before the Forum.

1. Copy of Complaint letter Dt.05/05/2015 to the Opposite Parties.

2. Copy of letter to Tahasildar Bheden Dt.08/05/2015.

3. Copy of RI report vide No. 84 Dt.09/05/2015.

4. Copy of letter No. 943 Dt.12/05/2015 by Tahasildar, Bheden to ADM, Bargarh.

5. Copy of letter No.670 Dt.05/06/2015 issued by Collector, District Magistrate, Bargarh to Opposite Party No.2(two), EE, BWED Bargarh.

6. Photographs taken in the field of Complainant.

7. Copy of electric bill and payment receipt thereof.

8. Copy of Pleader notice Dt.09/05/2015 with postal receipts.

    

Upon admission for adjudication after scrutinisation notice duly served upon the Opposite Parties who appeared and filed their version on Dt.28/10/2015. Denying all the changes levelled against them and prayed dismissal of the case. Their contention is that the transformer and other structures for electricity supply damaged on Dt.08/04/2015 due to server cyclones storm out of control of the Opposite Parties and that too in many parts of the district damaging many such installations and even though the Opposite Parties department started working an war footing delay has been experienced as the installations were scattered through a big area in the district and that is why they deny any kind of negligence and deficiency of service they completed restoration of supply on Dt.24/05/2015 working with damages occurred to 11 such installations all over the district.

Opposite Parties filed and relied on following documents to establish their say.

1. Copy of letter No. Wesco/planning and works/745 Dt.12/06/2015 from the office the Opposite Parties.

2. Letter EE, BWED, Bargarh from SDO, Electrical Barpali Dt.28/09/2015 about instruction of electric supply to the point Singhenpali, Bargarh.

Hearing conducted on Dt.15/12/2015 wherein parties present through their respective counsels and submitted in great detail referring the documents filed by them and presented their contentions before the Forum. Opposite Parties and Complainant filed their written arguments on Dt.12/01/2016 and Dt.10/01/2016 respectively. Further Complainant filed Xerox copy from the OERC (License standard of performance) Regulations-2004 to establish their cause.

Heard the submission, referred the documents and petition filed with case record and upon analysis finding of the Forum comes as following.

1. Consumers of electricity supply in Odisha are governed by Electricity Act-2003 and all laws enacted under this parent law.

2. The facts of Complainant being a Consumer of the Opposite Parties, taking of electricity connection for irrigation pumping and agriculture purpose. The happening of cyclonic storm on Dt.08/04/2015 and occurance of damages to various electrical installations and interruption in electricity supply are all admitted facts.

3. From the documents it is established that supply got interrupted on Dt. 08/04/2015 and restored on Dt.24/05/2015. Though Complainant at the time of hearing resented to this but in absence of any proof from his side about restoration of power supply the date available is accepted.

4. Upon consideration of the documents, the letters informing/requesting necessary work by the Complainant made on Dt. 05/05/2015 and even if on this footage we analyze - There is delay in installing the transformer as from the documents it is assumed that electric supply was restored on Dt.24/05/2015 a delay of 17 days exceeding the permitted time as per prevailing Electricity Laws from the date of information. So the electrical consumers of that area are entitled to compensation. Upon reference to the documents supplied as extracts of electrical laws by the Complainant that is OERC (Licensees Standards of Performance) Regulation- 2004. The delay is established vide Section 4 (I) read with Schedule I-I(1-4) provisions of compensation upon failing standards of performance is enumerated in Section 5 read with Schedule III of the said code.

5. Schedule - I provides compensation for delay in standard of performance @ 200/-(Rupees two hundred)only to each consumer of that area but compensation has to be claimed. Here Forum feel that the amount specified is not consistent with the suffering for such long delay of months occurring due to negligence on the part of licensees of power supply that is Opposite Party in this case. Schedule-I-1(4) reads as follows -:

Distribution Transmission failure-

The Licensee shall restore supply in the case of distribution transformer failure by replacement of transformer within 24(twenty four) hours of receiving the Complaint in town area and within 48(forty eight) hours of receiving the Complaint in rural areas.

6. The OERC (Licensees Standards of Performance) Regulations - 2004 vide Section 12(3) do not restricts the rights of Consumers available under Consumer Protection Act- 1986, hence if Forum feels it can prescribe higher compensation if satisfactorily proved by the claimant Complainant.

   Section 12(3) reads as follows-:

   “Nothing in these Regulations shall affect the Rights and Privileges of the Consumer under any other low including the Consumer Protection Act -1986”.

7. Complainant claims Rs.1,51,000/-(Rupees one lakh fifty one thousand)only as estimated suitable compensation for all the suffering and delay caused in the power supply to his paddy crops. To establish the paddy loss Complainant files some photographs of his paddy field purported to be snapped on Dt.09/05/2015 and the RI report dated Dt.09/05/2015 by Resham RI to Tahasildar, Bheden.

    

From the photographs for a common man it just seen that the crops is reare mature or matured. But person at forum are not agricultural experts and the losses claim can not be confirmed in absence of any kind of report from any authorized officer to perform such duties further the RI report filed also speaks that the crop is already ripened but at the same time speaks about anticipated losses while harvesting because of non supply of water, but does not specifies the percentage of loss anticipated or like so it is difficult to establish the exact losses accured in the process.

(7) Delving in to the matter further we would like to bring into consideration a few provisions of available electrical laws in the interest of justice.

1. Section 44 of the Electricity Act 2003 reads as follows.

   Nothing contained in section 43 shall be taken as requiring a distribution licensee to give supply of electricity to any premises if he is prevented from so doing by cyclone, floods, store rooms or other occurrences beyond his control.

   Notes :- Section 43 provide for penalty on case of non supply in different circumstances OERC (distribution of condition of supply) code 2004. Which is also applicable to electrical consumers in Chapter- XIII, Section 107 reads as follows :-

   “The licensee on the consumer shall not be liable for any claim for loss, damage or compensation whatsoever arising out of failure of supply when such failure is due either directly or indirectly to war, muting, civil connection, riot, strike, lockout, fire flood, tempest, lightning, earthquake or other force, accident or cause beyond his control.

   Further

   OERC (Licenses Standard of Performance) Regulations - 2004 vide Section 8(I) speaks as follows :-

   Section 8 (I) reads as follows:-

   The standards of performance specified in this Regulations shall remain suspended during Force majure conditions such as wars muting, civil commotion, riot, flood, cyclone, lightening, earthquake or such other force and strike, lockout, fire affecting the licensees installation and activities.

(8) Upon analyzing the immunity provisions cited above it is clean that they are applicable under centain special conditions beyond the control of licensee.

Further it is also clear that the provisions of compensation in the OERC (Licensees Standards of Performance) Regulation-2004 are intended for normal condition excluding those mentioned in the conditions vide Section -44 of the Electricity Act-2003 Section-107 of OERC Distribution Conditions of supply code-2004, and Section 8(1) of OERC (Licensees Standard of Performance) Regulations-2004.

And it is clearly affirmed from the study of the entire complaint that the power supply disruptions occurred due to cyclonic storm which is beyond control of the licensees and specially referring the provisions above Opposite Parties can not be charged for deficiency of service derogating the provisions of available electrical laws keeping in view Section- 3 of Consumer Protection Act - 1986.

- O R D E R -

Under the above discussed facts and circumstances the Complaint is devoid of merit and stands dismissed.

No. costs.

Disposed accordingly.

Typed to my dictation

and corrected by me.

( Smt. Anjali Behera)

M e m b e r,I/c President

I agree,

(Sri Pradeep Kumar Dash)

M e m b e r