DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 21st day of August, 2018
Present:-
1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 89 of 2016
Smt. Bharati Barik
W/o Debendra Nath Barik
At: Sukanti Bhawan (Behind Sampark Hotel) Kanta Kabi Nagar
Po: Bhadrak
Ps: Bhadrak (T)
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
1. Executive Engineer, BNED
NESCO, Power House, Rajghat
Bhadrak
2. S.D.O- I, Supply, Power House, Rajghat
Bhadrak
3. J.E, Section- I, Supply, Power House, Rajghat
Bhadrak
…………………………..Opp. Parties
Counsel for Complainant: Sri S. Mohanty & Others
Counsel for O.Ps: Sri Prasanta Kumar Nayak
Date of hearing: 24.07.2017
Date of order: 21.08.2018
SRI RAGHUNATH KAR, PRESIDENT
This dispute arose out of a complaint filed by the complainant alleging deficiency of service against the O.Ps. That, the complainant is a domestic consumer Vide Consumer No- BX-64337 (New A/C No- 421101020556). As a good disciplined consumer, the complainant used to pay all her bills regularly without any default. The bills of last six months and money receipts of payments made thereto are annexed herewith marked as Exhibit- 1, 2, 3, 3/1, 4, 4/1, 5, 6, 6/1, 7, 7/1 and 8. While the matter stood thus in 10.07.2016, all of a sudden the O.Ps sent a bill showing a whooping amount of Rs 33,730/- (Rupees Thirty Thousand Seven Hundred and Thirty) only in May, 2016 bill and out of which Rs 30,963/- (Rupees Thirty Thousand Nine Hundred and sixty three) only shown as arrear. However, the April, 2016 bill says, there was no arrear as on March, 2016. The O.Ps have committed negligence in preparing the wrong and illegal bill. The complainant became surprised that such a huge amount was thrusted upon him. The complainant rushed to all these O.Ps in turn to get an answer for such an absurd bill. But these O.Ps said such arrears are calculated considering the user of the entire arrear and she has to pay it. The complainant was obviously not ready to pay the illegal bill. The complainant then tried to lodge his grievance before the Balasore authorities of the O.Ps in phone No- 06782325890 only to get the machine record voice that “please check the number you have dialed”. Thus the O.Ps failed to prove adequate service to the complainant.
On 17.08.2016, when the complainant wanted to pay the regular bill of July, 2016 (Exhibit-8) the O.Ps and their men refused to receive the bill amount without payment of the disputed arrear amount and threaded the complainant to disconnect the supply to the premises of the of the complainant without any further notice to her. This act alone shows the malafied intention filed of the O.Ps. The cause of action arose on 17.08.2016.
Hence the complainant has sought for the reliefs such as:-
1. The O.Ps be directed to waive out the arrear of Rs 30,963/- charged upon the complainant.
2. The O.Ps be directed to receive payment as per regular consumption from July, 2017.
3. The O.Ps be directed not to disconnect the electricity supply.
4. The O.Ps be directed to pay Rs 6,000/- towards suffering, inconvenience and damages for harassment and mental agony.
5. Cost of the present proceeding assessed at Rs 2,000/-.
6. Further and other relieves as the complainant is entitled to.
Documents filed by the complainant (Xerox copies):-
1. Money receipt Vide No- 426630 on 16.01.2016- 1 sheet- Ext- 1.
2. M.R No- 478638 on dt. 16.02.2016- 1 sheet- Ext- 2.
3. M.R No- 925679 on dt. 21.03.2016- 1 sheet- Ext- 3/1.
4. M.R No- 972323 on dt. 23.04.2016- 1 sheet- Ext- 4/1.
5. M.R No- 4211010205 on dt. 21.05.2016- 1 sheet- Ext- 5.
6. M.R No- 2841330 on dt. 17.06.2016- 1 sheet- Ext- 6/1.
7. M.R No- 734701 on dt. 13.07.2016- 1 sheet- Ext- 7/1.
8. Bill- New A/c No- 421101020556- 1 sheet- Ext- 3.
9. Bill on dt. March 2016- 1 sheet- Ext- 4.
10. Bill on dt. 15.05.2016- 1 sheet- Ext- 5.
11. Bill on dt. 10.06.2016- 1 sheet- Ext- 6.
12. Bill on dt. 10.07.2016- 1 sheet- Ext- 7.
13. Bill on dt. July 2016- 1 sheet- Ext- 8.
The O.Ps have filed their written version analogously. They have denied all the allegations made against them by the complainant in the complaint. They have challenged the maintainability of this case as well as the limitation. The fact of this case is that such dispute is during departmental audit, it was detected that wrongly some consumer are being benefited and the current amount has been credited in the electricity bill such consumer’s bill. After being noticed the list of consumer and amount was intimated to the concerned Executive Engineer from Corporate Office, Balasore Vide Letter No. AO/NESCO/HR/Conf-477 on dt. 09.11.2015 of Head (HR & Admin), NESCO Utility, Balasore and accordingly the matter was intimated to the concerned S.D.O from the office of Executive Engineer Vide his Letter No. 3480 dt. 20.06.2016. In the list of consumer of such illegal beneficiaries, the complainant was one of them. So far as complainants dispute is concerned in the month of July, 2011, Rs 30,964/- was credited as if she had made the payment. But after detection that the said amount has not paid by the consumer. However, after detecting such fact, several times orally, it was asked to the complainant to produce the money receipt if she has paid but the complainant did not produce any M.R. After a long gap as the consumer failed to produce any M.R, basing on the audit report & instruction of Executive Engineer, the said amount has been debited in the electricity bill of the complainant in the month of May, 2016. Hence there is neither deficiency of service nor unfair trade practice. The copy of letter of HR. Executive Engineer & list of consumer are annexed herewith as Annexure- 1, 2 & 3.
The O.Ps have not filed any document on behalf of them to support their stands. They have stated that no deficiency of service has been caused to the complainant as because she has been availing electricity supply till the date of filing of this complaint.
OBSERVATION
We have perused the facts of the complaint, documents filed by the complainant as well as the facts of the written version filed by the O.Ps. We have observed that the complainant has paid the bill amount up to 13.07. 2016 regularly. But all of a sudden the OP sent a bill showing a whooping amount of Rs 33,730/- only in May, 2016 bill and out of which Rs 30,963/- only shown as arrear. But the bill of the month April, 2016 says there was no arrear as on March, 2016 so the complainant has alleged that the O.Ps have committed negligence in preparing the wrong and illegal bill. The bills of last six months and money receipts of payments made there to are annexed here with marked as Ext- 1 to 8. The complainant has clarified that she has never defaulted the making the payments against his uses. So no question arises as to such a huge some becomes due as arrear. The complainant tried to lodge the grievance before the Balaosre Authority of the O.Ps in Ph No. 06782325890, but only to get this machine recorded voice that “Please check the number you have dialed” in this connection the complainant could not get any relief from the O.Ps. As the bills were prepared in the previous six months which was the amount to below Rs 2,000/- but suddenly the month of July the whooping bill was prepared which is amount to Rs 33,730/- . No matter the preparation of bill is presumed to be wrong and illegal. On the other hand the O.Ps could not able to file to prove their case that they have not caused any illegality and wrongness. Hence we hold that the O.Ps have caused deficiency of service against the complainant with regard to the preparation of bill. Hence it is ordered;
ORDER
In the result, the present complaint is allowed against O.Ps. The O.Ps are directed to make aggregation of the bill amount of on dt. 21.05.2016, 23.06.2016 & 13.07.2016, find out the average amount by dividing by 3 with the aforesaid total amount which is the actual bill amount. The bill amount shall be revised accordingly. The O.Ps are also directed to receive payment as per regular consumption from July, 2017 and thereafter. The O.Ps are further directed to carry out this order within 30 days on receipt of the said order.
This order is pronounced in the open Forum on this day of 21st day of August, 2018 under the seal of the Forum.
