Presented by Sri G.S.Pradhan, President .<br /> Brief fact of the case is that, the Complainant is a consumer of WESCO, the Opposite Parties bearing Consumer No. 412115050184 and paying the bill regularly. The Complainant is a Epilepsy patient and he along with his brother and sister are studying in colleges. Electricity is very essential for his ill health and for study of his brother and sister. The Opposite Party No.4(four) Sectional Officer disconnected the line with out any prior notice for disconnection on Dt.03/11/2006. The Complainant approached the Opposite Party No.4(four) to reconnect the line but he did not listen to him. Finding no other way, he drew the attention of M.D., WESCO with registered post with A.D. on Dt.16/11/2006 which was received on Dt.20/11/2006. As no action was taken by the Opposite Parties again the Complainant drew the attention of Opposite Party No.1(one) through letter Dt.28/11/2006. As per the instruction of Opposite Party No.4(four), the Complainant purchased a new meter on Dt.09/11/2006 and went to Section Office, Bukta to deposit the same. But the Opposite Party No.4(four) with out any reason refused to receive the same. On further instruction by the Opposite Party No.4(four), on Dt.28/11/2006, the complainant deposited the meter including the meter test fees of Rs.50/-(Rupees fifty) only on Dt.29/11/2006 with the Opposite Parties. The Complainant paid the arrear bill of Rs.2,200/-(Rupees two thousand two hundred)only along with reconnection charges of Rs.100/-(Rupees one hundred)only with E.D. Rs.100/-(Rupees one hundred)only on Dt.30/11/2006 vide money receipt NO.064808055. Inspite of that and repeated request made by the Complainant for reconnection of line, the Opposite Parties slept over the matter and did not take any action for reconnection of electric line to the house of the Complainant is amounts to deficiency in service on the part of the Opposite Parties. The Complainant was a Epilepsy patient and is under regular treatment at Bangalore. He is mentally and physically badly effected for the deficiency of service by the Opposite Parties.<br /> <br /> The Complainant claims a sum of Rs.1,00,000/-(Rupees one lakh)only as compensation towards mental pain and agony for the deficiency and negligence service by the Opposite Parties towards the Complainant, and prays for immediate supply of electricity.<br /> <br /> The Opposite Parties in its version denied to have cause any deficiency in service to the Complainant, so also denied all other allegation made in the complaint petition by the Complainant.<br /> <br /> The Opposite parties contends that, the Complainant is not paying the bill regularly and is a defaulter, On Dt.28/11/2006 the collection squad has temporarily disconnected the line of the Petitioner due to non-payment of electric dues. The Consumer has been informed to purchase a new meter and make conventional wiring as old wiring was in danger position. On Dt.29/11/2006 the petition deposited the new meter with the Sectional Officer, Bhukta along with meter testing fees of Rs.50/-(Rupees fifty)only. And on Dt.30/11/2006 the Complainant deposited Rs.2,400/-(Rupees two thousand four hundred)only including the reconnection fees of Rs.100/-(Rupees one hundred)only and there after the Opposite Party No.4(four) restored the power supply immediately at about 4 P.M. on that date.<br /> <br /> Hence, there is no deficiency in service and negligence on the pat of the Opposite Parties and are not liable for compensation to the petitioner and prayed for dismissal of the Complainant. <br /> <br /> We have gone through the Complaint petition, Opposite Parties's version as well as copies of document filed by the Parties in respective of their cases. The Complainant alleges that the Opposite Party No.4(four) had illegally and with out any prior notice for disconnection to the Complainant, disconnected the line on Dt.03/11/2006 for non payment of electric bill and after request to the Opposite Party No.4 and also to the M.D., WESCO, did not reconnect the line. The Opposite Parties in its version claims that, the line was disconnected temporarily to the house of the Complainant. On Dt.28/11/2006 by the collection squad and after deposit of meter test fees and reconnection charges by the Complainant on Dt.29/11/2006, the line was reconnected on Dt.30/11/2006. How-so-ever it is not disputed by the parties that the line was disconnected by the Opposite Parties to the house of the Complainant.<br /> <br /> To prove his case the Complainant has filed copies of letter Dt.16/11/2006 addressed to M.D., WESCO with postal A.D. Receipt Dt.10/11/2006 issued by Jai Amba Electrical, Bargarh, copy of money receipt No.06511386 Dt.29/11/2006 of Rs.50/-(Rupees fifty)only meter testing, money receipt No.064808055 Dt.30/11/2006 issued by the WESCO, Bargarh Division regarding payment of arrear and reconnection charges. Copies of electricity bill showing arrear due of Hema Sagar Majhi and Brusava Bag. Besides the documents the Complainant has filed his own affidavit as evidence. On the other hand the Opposite Parties has filed a copies of monthly abstract of the billing of the Complainant and affidavit of Prabhat Kumar Hota, Executive Engineer, Bargarh the Opposite Party No.2(two).<br /> <br /> The case is filed on Dt.08/01/2007 U/S 12 of the C.P. Act along with a petition U/S 13(3)(b) directing the Opposite Parties to reconnect the line immediately to the house of the Complainant and after hearing the Complaint, an interim order was passed on Dt.11/01/2007 against the Opposite Parties for reconnection of the line immediately, and notices including the extract of interim order was sent by post to the Opposite Parties. The Opposite Parties appeared, and did not raised any objection to the interim order passed against the Opposite Parties.<br /> <br /> As per the version of Opposite Parties, the line was disconnected on Dt.28/11/2006, and after deposit of meter testing fees and outstanding dues along with reconnection charges by the Complainant on Dt.30/11/2006, the Opposite Party No.4(four) restored the power supply immediately at about 4 P.M. on Dt.30/11/2006, of it is so than the Opposite Party should have raised objection to the interim order passed on Dt.11/01/2007 directing the Opposite Parties for reconnection of power. But the Opposite Parties remain silent in the matter.<br /> <br /> Registered letter Dt.16/11/2006 by the Complainant to the Opposite parties complaining disconnection of service line on Dt.03/11/2006 by the Opposite Party No.4(four) which was received on Dt.20/11/2006 and Registered letter with A.D. Dt.26/11/2006 to the Opposite Party No.1(one) and purchase of new meter on Dt.10/11/2006 by the direction of the Opposite Party No.4(four) and deposited with the Opposite Party No.4(four) proves that the line was disconnected on Dt .03/11/2006 and not on Dt.28/11/2006 as claimed by the Opposite Parties. If the line is disconnected on Dt.28/11/2006 than the Complainant must have purchased the meter subsequent there after. In view of above discussion it seems improbable and unreasonable to infer and hold that line was disconnected on Dt.28/11/2006 and reconnected on Dt.30/11/2006 as claimed by the Opposite Parties.<br /> <br /> Further mere no any evidence is adduced by the Opposite Parties to prove that, the Opposite Parties have issued disconnection notice to the Complainant for disconnection of his electric line. With out any prior notice for disconnection the Opposite Parties all on a sudden arbitrarily demanded the arrear bill and for non-payment disconnected the line is amounts to deficiency in service on the part of the Opposite Parties.<br /> In view of above discussion the case is allowed and ordered.<br /> <br /> The Opposite Parties are directed jointly and severally to pay a sum of Rs.20,000/-(Rupees twenty thousand)only compensation towards mental agony and harassment suffered by the Complainant and Rs.1,000/-(Rupees one thousand)only for litigation expenses to the Complainant within 30(thirty) days from the date of order or else the Complainant is entitled to interest at the rate for 18%(eighteen percent) per annum till the date of payment.<br /> <br /> Complaint disposed of accordingly.<br />