DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GAJAPATI,
PARALAKHEMUNDI.
Present: 1. Shri Rajendra Kumar Panda,
President.
2. Smt. Puspanjali Mishra, Member (w).
Consumer Complaint No. - 15/ 2016.
Filling Date: - 8th April 2016.
Order Date: - 07th November 2017.
Kunja Bihari Padhy,
S/o:-Late S.M. Padhy, aged about 62 years
At:-Big Brhamin Street,
Po/PS.:-Paralakhemundi,
Dist:-Gajapati, Odisha. ….. Complainant.
Versus
1. The Executive Engineer (Elect.)
South Co. Paralakhemundi Electrical Division.
At/Po/Ps.:- Paralakhemundi, Dist- Gajapati.
2. The Sub – Divisional Officer (Electrical), South Co,
At/Po. Paralakhemundi,
Dist:- Gajapati, Odisha.
3. The Junior Engineer,
South Co. Electrical Section,
At/Po./Ps.:- Paralakhemundi,
Dist:- Gajapati, Odisha. ..... Opposite Parties.
- Counsel for the Complainant … Sri S. K. Palo.
- Counsel for the Opposite parties ... Sri S. S. Sabat
- Date of Conclusion of hearing … 20.09.2017
- Date of order … 07.11.2017
Sri R. K. Panda, President
Brief facts of the case:-
The Complainant filed a petition U/S. 12 of Consumer Protection Act, 1986 praying this Forum to direct the opposite parties not to disconnect the electricity supply, rectify the erroneous bills, besides to pay a sum of Rs. 5,000/- towards mental agony and to impose such other penalties upon the opposite parties.
The Complainant specifically pleaded that he is a domestic category consumer Vide Consumer No.:- 312101030205, under the O.Ps. and paid electricity consumption bills upto November 2015 vide receipt No. 34542598, dtd. 29.11.2015. The O.Ps. served the bill for the month of January 2016 for Rs. 3,686/- though he has actually not consumed such units. The complainant approached the O.Ps. several times since then to rectify the bill but the opposite parties did not revised & rectify the erroneous bills and they also did not come forward to settle the issue. It is further pleaded that the O.Ps. also served demand consumption bill for the month of October 2016 showing the outstanding dues at Rs. 25, 247/-. The complainant further pleaded that unless the demand consumption electricity bills are revised, it would cause heavy loss to him.
The opposite parties entered appearance but not filed any version to contest the case.
Perused the case record. The complainant filed evidence in the form of affidavit and he also filled the bills and some money receipts in token of payment. After hearing and scrutinizing the evidence on record, this Forum framed the following issues for determination.
- Whether the complainant is a consumer under the O.Ps.?
- Whether the complainant has any cause of action to file the complaint?
- Whether the complainant is barred by law of limitation?
- Whether the services of the O.Ps. are deficient towards the complainant?
- Whether the complainant is entitled to any reliefs as sought for?
Admittedly the complainant is a consumer under the O.Ps. having the domestic category electricity connection Vide Consumer No.:- 312101030205. Since the complainant is paying electricity consumption charges, the O.Ps. in turn are supplying the electricity. The cause of action arose to files the complaint in the month of January 2016, and the complainant filed the petition on November 2016 and hence the complainant is within the limitation period as laid down under the C. P. Act. The complainant resides and the O.Ps. carry out their business at Paralakhemundi within the jurisdiction, As such, this Forum has got jurisdiction to try the case. On close scrutiny of the bills it came to the lime light that, the O.Ps. didn’t give audience to the complainant to rectify the bills and these willful acts of the O.Ps. amount to negligent and deficient service which caused mental agony. The O.Ps. neither filed the version nor rebutted the case of the complainant by adducing evidence. In the absence of any rebuttal evidence, this Forum holds that the services of the O.Ps. are deficient.
Hence, it is ordered:
O R D E R
The O.Ps. are directed to revise and rectify the alleged erroneous bills and to issue fresh bills for the month of November, December 2015 and January 2016 as per actual consumption availing the rebate facility and install a new meter in the place of the existing meter if necessary within two months from the date of order failing which O.Ps. are directed to pay Rs. 200/- per each month delay towards damages to the complainant and Rs. 100/- to the Consumer Welfare Fund.
Supply extract of this order to the parties forthwith at free of cost.
Member(w) President
The order dictated to the Bench Clerk, typed by him and corrected by me and pronounced in the open Court, on this day of 7th, November, 2017 under our signatures and seal of the forum.
Typed by me.-
Member(w) President
