Orissa

Baleshwar

CC/142/2016

Sri Kamalakanta Panda, aged 62 years - Complainant(s)

Versus

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

Sj. Umesh Kumar Satpathy

07 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/142/2016
( Date of Filing : 09 Dec 2016 )
 
1. Sri Kamalakanta Panda, aged 62 years
S/o. Late Padmalochan Panda, At- Padmapur, P.O- Saragan, Via- Sunhat, P.S- Chandipur, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Deputy General Manager (S.E), NESCO Electrical, Balia
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore.
Odisha
2. The Deputy Manager (Electrical), NESCO Utility, Balia
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore.
Odisha
3. The Asst. Manager, NESCO (S.D.O, Electrical), R.E-II, NESCO Utility, Balia
At/P.O- Balia, P.S- Sahadevkhunta, Dist- Balasore.
Odisha
4. The Jr. Manager (J.E), Electrical, NESCO, Saragan RE-II Section
At/P.O- Saragaon, P.S- Sadar, Dist- Balasore.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 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 : 07 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), NESCO, Electrical, Balia, O.P No.2 is the Deputy Manager (Electrical), NESCO Utility, Balia, O.P No.3 is the Asst. Manager, NESCO (S.D.O, Electrical), R.E-II, Balia and O.P No.4 is the Jr. Manager (J.E), Electrical, NESCO, Saragan, RE-II Section.

                                2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps since long bearing Consumer No.BN-76427 vide New A/c No.324122031066 with load of 1 K.W and average consumption is 30 units per month and has cleared all the electric bills to the O.Ps as per their bi-monthly bills. But, in the month of September-2016 and October-2016, the O.Ps supplied the bills for 96 units and 77 units amounting Rs.350.93ps. (Rupees Three hundred fifty and ninety three paisa) only and Rs.267.94ps. (Rupees Two hundred sixty seven and ninety four paisa) only respectively. Thus, the Complainant informed the O.Ps for regularisation/ revision of defective bills, but the O.Ps did not pay any heed to it. Accordingly, the O.Ps served disconnection notice to the Complainant on 30.11.2016 to pay outstanding amount of Rs.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) only within 15 days of receipt of such notice or else, power supply will be disconnected. Being aggrieved of such disconnection notice issued by O.P No.3, the Complainant requested the O.Ps to regularise/ revise 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.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) only. Neither the Complainant nor his 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 his Advocate was present at the time of hearing of this case. So, his pleading remains as it is. According to his pleading, the outstanding amount of Rs.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) 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.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) only is pending against him, 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.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) 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.69,875/- (Rupees Sixty nine thousand eight hundred seventy five) 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 7th day of April, 2018 given under my Signature & Seal of the Forum.

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

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