DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 4th day of February, 2019
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 114 of 2016
Sri Manmath Chandra Panda
S/o Late Purna Chandra Panda
Vill: Haripur,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Executive Engineer, NESCO
At/Po/Dist: Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: Sri P. Dwibedee & Others
Advocate For the OP: H. K. Pati & Others
Date of hearing: 23.05.2018
Date of order: 04.02.2019
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the OP having aggrieved with his deficiency in service caused towards him. The complainant has taken electricity connection to his house in the village and the consumer number is 421413040761 having 1KW load. The average monthly electricity bill as per consumption comes around Rs 100/- and even less than the same. However, the complainant has been issued bills showing arrear of more than Rs 4,60,000/- to which the complainant raised objection before the officers of the opposite party like the SDO, Junior Engineer and the officer staff. All of them assured to look into the matter and assured to make correction of the same. As they failed to attend to grievance of the complainant, he has to send a notice to the opposite party through his lawyer through registered post with A/D. The OP received the same but did not take any step. The complainant then went to meet the OP in his office on 07.11.2006. He was not permitted to meet him and after much request, he was allowed to meet him. Instead of attending to the grievance of the complainant, strangely he was threatened with disconnection of power supply. A notice was sent on the complainant the same day by the OP asking him to deposit a sum of Rs 4,63,369.19 otherwise the electricity supply would be disconnected. The complainant is not liable to pay such a huge amount and has raised a genuine dispute with respect to the same. The complainant is a consumer under the OP and the action of the OP is a deficiency of service. The OP has no right to make such a demand to which the complainant is not liable. That at no stretch of imagination, it can be said that the complainant has made such a huge amount of power consumption. The demand is illegal and wrong. The complainant has also not been shown as to when and how such a huge amount of power consumption was made by him. The OP is duty bound to make such a claim but he has issued the disconnection notice on receiving the letter of grievance by the complainant. That by the aforesaid action and inaction by the OP, the complainant has been put to mental agony and the OP is required to compensate for the same. That the complainant is an old small farmer and has come under severe mental pressure as making such a payment is beyond the capacity of the complainant. His blood pressure ran high for the above and he is being under treatment for the same. That the OP is required to make proper enquiry and to inform the complainant about the result of the same. At the enquiry, the complainant should have been given a proper hearing. Without the same, the OP is not entitled to issue the impugned notice to the complainant which is serious deficiency of service.
Hence the complainant has sought for the reliefs as follows:-
1. The excessive claim of Rs 4,63,369.19p/- as claimed in the impugned notice.
2. The complainant be awarded Rs 4,63,369.19p/- as compensation for making such a hefty claim without addressing to the grievances of the complainant.
3. The cost of this dispute be awarded to the complainant.
4. Other reliefs deemed fit to be awarded to the complainant.
Documents filed by the complainant as follows:-
1. Disconnection notice vide dt. 07.11.2016.
The OP has also appeared in this Forum through his concerned advocate and filed his written version as follows. The OP has challenged the cause of action of this case, he has also stated that this Forum is not appropriated to obtain the relief. He should have filed the complaint as per the C.H.P as prescribed in the O.E.R.C of supply code 2004, as well as in the special Forum G.R.F U/s 42 (5). He has also denied the allegations made by the OP. The complainant has raised objection before the party and issued a legal notice which has been sent by the help of the complainants advocate to the OP dt. 07.11.2006. The complainant wanted to meet the OP, and the same allowed him to meet. The OP threatened to disconnect of power supply but a demand notice issued to the complainant on the same day claiming the arrear amount Rs 4,63,369.19p/- alternatively disconnection of the power supply.
The complainant is an electric consumer bearing No- BZ-1476 under CD 1KW. The complainant is irregular in payment of electricity bill. A new meter bearing KNES70268 was installed on 28.11.2014. After installation of new meter, billing has been made on the basis of meter reading. But, the complainant has also not paid a single pie against the actual bill. Before the installation of new meter, as per existing rules and regulations and OERC guidelines, average/load factor bill has been served during defective status of the meter. However, as per regulation 91 of the code, 2004 “in the event of any dispute in the billed amount, the consumer may lodge a complaint before Designation Officer as determined the licensee and pay the average of the last six months consumption on the billed amount whichever is less within due date pending settlement of the dispute. The licensee shall resolve the dispute or communicate its decision with reason to consumer within a period of one month.” However, the complainant has not adopted the aforesaid producer. So, question of deficiency of service does not arise. However, after getting the grievance of the complainant, the arrear electricity bill has already been revised and the said fact has been intimated to the complainant vide letter No- 130 (4) dt. 25.02.2017. Hence the OP has prayed for dismissal of this case.
Documents relied upon the OP:-
1. Details of the bills June 2006 to January 2011, February 2011 to October 2014.
OBSERVATION
We have already perused the complaint as well as the documents and the documents filed by the complainant. The complainant has alleged that the OP has claimed Rs 4,63,369.19p/- as claimed in the impugned notice. It is a matter of regret on part of the complainant that he has not filed any document on which he has relied upon. He has filed only a disconnection notice. The complainant has failed to produce with regard to his consumer ship. He has also failed to produce a single money receipt or bill on behalf of him. In the same way the OP has also failed to produce a single document on basis of which he is claiming the arrear upon the OP.
Further it is also too difficult to enumerate the actual consumption of the consumer (complainant), the payment he has made to the OP according to his consumption, the actual claim of the consumption of the OP upon the complainant, the tenure of the consumption and the period of amount which is unpaid. According to the evidence act U/s 102 the burden of the proof lies upon to substantiate his case and to be redeemed from the claim. This complaint cannot be properly adjudicated in absence of the aforesaid relevant documents. Neither the complainant nor the OP could be able to prove their case due to non filing of such essential documents.
The complainant should have file the petition before the OERC of supply code 2004 or the complaint should have been made by the complainant before the special Forum (G.R.F) for any dispute as prescribed U/s 42 (5) of the electricity Act, 2003. In this connection this complaint is barred by jurisdiction. As per the above discussion we have reached at the conclusion that this complaint has no merit. Hence it is ordered;
- ORDER
The complaint be and the same is dismissed due to lack of merit.
This order is pronounced in the open Forum on this day of 4th February, 2019 under my hand and seal of the Forum.
