Orissa

Baleshwar

CC/141/2016

Malati Patra, aged about 58 years - Complainant(s)

Versus

The Deputy General Manager (S.E), Elect., NESCO Utility, Balia - Opp.Party(s)

Sj. Umesh Kumar Satpathy

03 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/141/2016
( Date of Filing : 09 Dec 2016 )
 
1. Malati Patra, aged about 58 years
W/o. Raghunath Patra, At- Padmapur, P.O- Saragaon, Via- Sunhat, P.S- Chandipur, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Deputy General Manager (S.E), Elect., NESCO Utility, Balia
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore-756056.
2. The Deputy Manager (Elect), NESCO Utility, Balia
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore-756056.
Odisha
3. The Asst. Manager (S.D.O), Elect (RE-II) Section, NESCO Utility, C.E.D, Balasore
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore-756056.
Odisha
4. The Jr. Manager (J.E), Elect., Saragan RE-III Section
At/P.O- Saragaon, P.S- Sadar, Dist- Balasore-756002.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MS. SURAVI SHUR MEMBER
 
For the Complainant:
For the Opp. Party: Sri Shashadhar Behera, Advocate
 Sri Shashadhar Behera, Advocate
 Sri Shashadhar Behera, Advocate
Dated : 03 Apr 2018
Final Order / Judgement

                                   The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Deputy General Manager (S.E), Elect., NESCO Utility, Balia, O.P No.2 is the Deputy Manager (Elect), NESCO Utility, Balia, O.P No.3 is the Asst. Manager (S.D.O), Elect (RE-II) Section, NESCO Utility, C.E.D, Balasore and O.P No.4 is the Jr. Manager (J.E), Elect., Saragan RE-III Section.

                               2. The case of the Complainant in brief is that the Complainant is a bonafide Consumer under the O.Ps since long bearing Consumer No.BN-65448 vide New A/c No.324122030397 with load of 1 K.W and average consumption is 25 units per month and has cleared all the electric bills to the O.Ps as per their bills. But, outstanding dues are artificially created by the O.Ps to the extent of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only as disclosed in their disconnection notice dtd.31.08.2016, but said notice served to the Complainant on 30.11.2016, where outstanding dues to be paid  within 15 days or else, electric connection will be disconnected to the premises of the Complainant. Thus, the Complainant requested the O.Ps to revise/ regularise the electric bill, but the O.Ps did not revise the electric bill of the Complainant, rather threatened to disconnect the electric line, for which the Complainant has filed this case for necessary relief. The Complainant has prayed for revision/ waiver of outstanding dues of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only. Neither the Complainant nor her Advocate was present at the time of hearing of this case.

                               3. Though sufficient opportunities were given to O.P No.1, but he has not appeared in this case. The O.P No.1 is also set ex-parte.

                               4. Though the O.Ps No.2 to 4 appeared in this case, but have filed their written version beyond the statutory period, for which it was not accepted and also took part in hearing of this case.

                               5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor her Advocate was present at the time of hearing of this case. So, her pleading remains as it is. According to her pleading, the outstanding amount of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only received by the Complainant by way of notice of disconnection, which is artificially created by the O.Ps and the Complainant has no such outstanding. But, no connective document has been furnished in this regard either by the Complainant or by the O.P No.2 to 4. The written version of O.P No.2 to 4 is not accepted as mentioned earlier. But, some document has been filed by O.P No.2 to 4 which also does not disclose clearly about such outstanding. It has been argued on behalf of the O.P No.2 to 4 that they have already adjusted such amount by reducing to a substantial amount. But, no clear picture is available in the case record as no document has been filed by the O.P No.2 to 4 in support of it. When O.P No.2 to 4 issued notice to the Complainant for disconnection claiming the amount of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only is pending against her, no such material document has been produced to show in support of it.

                               6. So, now on careful consideration of all the materials available in the case record, we are in the opinion that the O.Ps should revise the outstanding bill of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only according to the existing load factor of the Complainant within 60 days of receipt of this order, which will meet the ends of justice in this case. Hence, Ordered:-

                                                     O R D E R

                                   The Consumer case is allowed on ex-parte against O.P No.1 and on contest against O.P No.2 to 4, but in the peculiar circumstances without cost. The O.Ps are directed to revise the outstanding bill of Rs.85,554/- (Rupees Eighty five thousand five hundred fifty four) only according to the existing load factor of the Complainant within 60 days of receipt of this order.

                                   Pronounced in the open Forum on this day i.e. the 3rd day of April, 2018 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MS. SURAVI SHUR]
MEMBER

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