Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 22.01.2016
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- For interim relief under section 13 (3-B) for restoration of electrical line.
- Rectification of electrical bill.
- To maintain the status quo of the bill as earlier under the scheme of help of poor and natural justice.
- To pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To pay Rs. 5,000/- ( Rs. Five Thousand only ) as litigation costs.
- In this case the notice was issued in admission matter in order to decide the case without any delay. When despite notice the opposite party did not appeared then vide order dated 22.12.2014 this case was admitted and several times was allowed for the opposite party to file written statement. Thereafter a letter vide memo no. 28 dated 12.01.2015 was received in this Forum from which it appears that Executive Electrical Engineer, Electric Supply Pramandal, Patna ( Gramin ) has requested the Electrical Executive Engineer, Electric Supply Pramandal, Danapur, PESU to take action with regard to this case. This shows that opposite parties have knowledge about this case and despite this no written statement was filed in this case by the competent authority. It further appears from the record that when the registered notice sent to the opposite parties did not returned then vide order dated 30.09.2015 the “Tamila” was declared valid. Despite the aforesaid fact, no one appear on behalf of the opposite parties then the case was heard ex parte as we have no option but to pass order.
- Brief facts of the case which led to the filing of complaint are as follows:-
The complainant asserted that he is fully handicapped and comes under BPL Scheme. During the period of 1995 and 1996 he was charged bill of only Rs. 50/-as he was fully handicapped. Thereafter, in month of October 2001 Rs. 244/- was charged from complainant by opposite parties vide annexure – C. The grievance of the complainant is that vide annexure – D suddenly he was served with a bill of Rs. 41,496/- for the month of January, February 2011 which was to be paid till 16 April 2011 vide annexure – D. Again a composite bill of Rs. 57,080/- was served to the complainant for the month of January 2013 vide annexure – F. The grievance of the complainant is that he has filled a petition before Chief Minister for redressal of his grievance but his grievance was not redressed.
It appears that he has not filled any application before the authorities i.e. opposite party no. 1 and 2 rather he choose to file an application to the Chief Minister directly due to ill advice.
We have gone through the entire record of this case carefully.
From annexure – 1 it is crystal clear that the complainant is 100% handicapped and comes under profound category as will appear from the report of Medical Board which is annexed as annexure – A.
It further transpires from annexure – A and B that complainant was charged Rs. 50/-, Rs. 93/-, Rs. 95/- and Rs. 244/- on different months and thereafter again bill of 57,080/- has been sent as will appear from annexure – F.
The complainant has not annexed any circular which has been issued by opposite parties in the case of handicapped persons. Hence we are not in a position to pass any specific order in this regard.
In view of the aforesaid fact and circumstances we direct the complainant to file detail representation to opposite party no. 2 i.e. the Executive Electrical Engineer, Anisabad, Patna for redressal of his grievance with certified copy of this order. The complainant must file the aforesaid application within the period of two months from the date of receipt of this order or certified copy of this order.
If the aforesaid application is filled by the complainant to the opposite party no. 2 with the certified copy of this order with in the period indicated above then opposite party no.2 is directed to decide the grievance of the complainant with reasoned order within the period of two months from the date of filling of this application.
The opposite parties are further directed to rectify the bill of the complainant and realize the electric bill as per circular order issued for such realization from profound disabled person in accordance with the law.
Opposite parties are further directed that if the order is not passed within the period given above then opposite party no. 2 shall have to pay 50/- per day will the final order is passed.
Accordingly this complaint petition is disposed off with the direction made above.
Member President
