Orissa

Jajapur

CC/81/2015

Baikuntha Nath Mishra - Complainant(s)

Versus

The Buisiness Manager,Badachana Electric Division - Opp.Party(s)

Basanta Swain

08 Mar 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                                                                       

                                                        Dated the 8th day of March,2017.

                                                              C.C.Case No.81 of 2015

Baikuntha Nath Mishra,

S/O Late Dwarikanath Mishra

Vill.Naranpur(Sunguda)P.S.Barchana

Dt.Jajpur.                                                                                                         …….Complainant.

                                                                        Versus.

1.The Business Manager, Badachana Electric division, Badachana, Jajpur.

2.Central Electricity Supply Utility of Odisha,Head office,2^nd floor IDCO

Tower, Bhubaneswar.

3.Manager,Electrical under electrical division, Jobra, Cuttack

4.S.D.O, Electrical  Badachana P.S. Badachana, Dt.Jajpur.

5.Managing Director R.U.P.L, Bhubaneswar, Dt.Khurda.

                                                                                                                          ……………..Opp.Parties.                  

For the Complainant:                              Sri B.Swain, Sri S.Sathpathy, Sri S.S.Mohanty, Advocates.

For the Opp.Parties : No.2 to 4               Sri N.C.Jena,Sri P.K.Mohapatra,Advocates.

For the Opp.Parties No.1 and 5                 None.

                                                                                                     Date of order:   08.03.2017.

SHRI JIBAN BALLAV DAS , PRESIDENT .

                        The petitioner has  filed the present dispute alleging deficiency in service  along with unfair trade practice on the part of the O.Ps.  

                        The facts relevant for the present dispute as per complaint petition in brief  are  that  the petitioner with his family members are permanently residing a plot No.5 of mouza Naranpur P.S. Badachana, Jajpur . There is no adjacent  village of local people residing near to the above place   

So there was no electric L.T. supply  by the O.Ps. . In order to reside  in the schedule place as there is a need of electric connection,  the petitioner applied to the O.Ps  to install a transformer of 25K.V on 02.10.03 in the schedule plot by his own cost for domestic purpose  as well as deposited of Rs.29,823/- (for installation of transformer) and Rs.12,662/ for security deposit as prescribed by the department as per the agreement  i.e on  20.02.04  with  the O.Ps. Accordingly the power supply

was given to the petitioner for use of domestic purpose only which was mentioned in the report of MRT.

                        That the petitioner being a  domestic consumer always  pay the bill regularly as per meter reading along with transformer loss . The amount of bill per month was Rs. 340/-, 250/-, 500/- and 600/- from month  to month as per consumption unit indicated in the meter with transformer loss. .In the mean time on 30.09.05 there was Block due but as on 31.12.05 without informing the petitioner the concerned department has converted the  petitioner’s  line from domestic to commercial purpose without consent of  the petitioner which is illegal . Thereafter the monthly bill usually assessed by the O.Ps as  Rs.2000, 2,500 and 3,500/ per month   . Besides this the department has also arbitrary given new connection to other consumers from the same transformer without knowledge of the petitioner though  the transformer was installed by  the petitioner’s own cost .

                        That the petitioner from  time to time  informed  such type of illegal fact to the O.ps. but no action was taken by the O.Ps. to rectify the defective meter  . That again on 30.12.08 the petitioner applied to the Manager CEB ,Cuttack to surrender the substation and closed his power supply due to stoppage  of the tool plaza  near his building and to supply him  11 K.V.A line for his domestic purpose and adjust the security money of Rs.12,662/- and also allow a single phase 2K.W to his building but no action has been taken by the department inspite of the request from the side of the petitioner as well as issuing the electricity bill of the petitioner  illegally as per commercial purpose .  At present  the department has sent the bill from January 2014 to June-2015 for an amount of Rs.90,686/ which is illegal because the MR.T  inspected the meter and has mentioned in  the report  that the load is 0.75 K.W and the power supply is  only for domestic purpose . But the department charged 6K.W in commercial purpose per month which is  illegal .

                         Accordingly  finding no other  alternative the petitioner has  filed the present dispute before this Fora with a prayer to direct the O.P to exempt the illegal arrear due of Rs.90,686/-  .

                        There are five numbers of O.Ps in the present dispute  some of them neither appeared nor  filed written version in time as prescribed by this Fora. Hence they have been set-expartee vide order dt.  30.11.16.

                        On the date of hearing we heard the argument  from the side of the  learned advocate of the petitioner .After perusal of  the record and documents in  details . It is observed

that the petitioner is a consumer of the O.Ps. but we could not find a single scrape of paper which  will establish that the petitioner’s grievance has been settled by the O.Ps. which proved illegal and arbitrary action of the O.Ps. On the other hand we find two documents in the record one is meter protocol sits  of dt.19.08.2013  wherein it is mentioned that the existing meter of the petitioner is defective .

2^nd  report of MRT dt.03.12.14  wherein it is  mentioned that  there was no commercial activities and the supply is for residential purpose .where as the petitioner alleged that the bill has been calculated by the O.Ps on commercial purpose having contact demand 6 K.W per month.

                        On the other hand the O.ps have received the notice in the present dispute but they did not appeared  nor filed any written version in time. In such peculiar circumstances and owing to the above narrated situation in view of the observation of Hon’ble National Commission and State Commission reported in 2013(1)CPR-507-N.C wherein it is held that:

                        In case written version not filed after several opportunity it has no defence on merit “

                                                         And

2003-CLT-vol-96-P-15 ,para-4 C. D. Case No.37/2002 S.C.D.R.C (Odisha) wherein it is held that:

“Absence of written version commission is bound to accept the uncontroverted statement made in the complaint”.

Hence this order

                        In the net result the dispute is disposed of . The O.Ps are directed to revise the petitioner’s  arrear  electricity dues of Rs.90,686/- as per the OERC Regulation- 2004 on domestic category basing on MRT report within one month after receipt of this order . No cost.

This order is pronounced in the open Forum on this the 8th day of March,2017. under my hand and seal of the Forum.                                                                                             

 

(Shri Pitabas Mohanty)                                                                            (Shri Jiban ballav Das)                                                          

          Member.                                                                                                  President.                                                                      

 

                                                                                             Typed to my dictation & corrected by me

(Miss Smita  Ray)

       Member.                                                                                               (Shri Jiban ballav Das)

                                                                                                                                 President.