ORDER

(Passed on 26/09/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 for reconnection of permanently disconnected electric supply and adjustment of previously paid bills and seeking compensation for negligence of service and cost of litigation amounting to Rs.1,60,000/-.

2.       The facts in short giving rise to this petition are that the complainant is a social worker and residing at Ambedkar Ward, Tal.Rajura, Distt. Chandrapur. The OP issued bill for the period August,2013 to April, 2014 on average basis for approximate consumption of 45 units per month and the complainant  paid Rs.998.53 /-  and also paid current bill  of Rs.353.77/- for the month of August,2014.  Still the OP issued incorrect bill showing arrears of bill. The complainant could not deposit the further arrears of bill due to ill health. The complainant requested to issue corrected bill and shown willingness to pay the bills if corrected bills are issued to him.  However, the OP, without giving any notice to the complainant, carried out spot inspection of his electric meter and then permanently disconnected his electric supply on 20^th  June, 2016.  The complainant at several times requested to issue corrected bill and shown readiness  to pay the arrears of bills if corrected bills are issued to him  but the OP, without giving any notice to the complainant, arbitrarily disconnected his electric supply and the same was not restored even after several requests by the complainant. Therefore, a legal notice came to be issued on 31/5/2017 through Adv.Rina Dhavad and the same has not been complied. Hence, the complainant has filed this complaint.

3.       The complaint is admitted and notices were served on the OP. The OP  filed its reply and thereby denied allegations against it and submitted that the complainant failed to pay the arrears of bills  from 1/12/2015 though his electric meter was replaced on 24/11/2015. Hence intimation was given to her time to time to deposit the arrears else her electric supply would be disconnected. However, the complainant failed to pay the arrears.  Hence spot inspection was carried out by the officials of the OP and complainant’s  electric supply was permanently disconnected on 20/2/2015 for non payment of bills.  If the complainant wants to get his electric supply resumed, she will have to deposit all arrears of bills with an application for installation of new electric meter connection. The complaint is barred by limitation as cause of action firstly arose on  28/2/2014 for non payment of unpaid bills, bu the complaint has been filed in the year 2017 beyond the period of limitation. Hence the petition deserves to be dismissed with costs.

4. We have gone through the complaint, written versions filed by OP, affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                     Yes

2.  Whether there is deficiency in service on the                             No.

     The part of OP ?

3.  What order ?                                                                  As per final order..

As to issue No.1

5.     The complainant has filed on record electric bills issued by the OP

 which goes to prove that the complainant is a Consumer of OP within the meaning of Section 2(1)(d) of the Consumer Protection Act,1986. Hence the issue has been decided accordingly. 

As to issue No.2

6.            The OP has replaced the old meter with new one on 24/11/2015 after receipt of application from the complainant in respect of defective meter. The complainant has admitted that his electric supply was permanently disconnected on 1/12/2015 for arrears of bills. The electric supply was disconnected permanently after inspection was carried out by the officials of the OP and its report was submitted to OP. The said report is filed on record at page No.19 which is duly signed by the concerned officer of the OP and it also bears the signature of the complainant. Therefore, it is clear that the inspection was carried out in the presence of the complainant and he had knowledge of disconnection of electric supply for arrears of bill. Hence there is no deficiency in service on the part of OP. Therefore the petition deserves to be dismissed with cost.

7.          In view of our observations to issue Nos.1 & 2 above we pass the following order..

Final order

1. The Complaint is dismissed without cost.

2. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President