DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 17th day of December, 2019
C.D Case No. 36 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Ananta Charan Panigrahi
S/o Late Dola Panigrahi
Vill: Naripur Samil Anijo,
Po: B.Tpur,
Ps: Agarapada,
Dist: Bhadrak ……………………. Complainant
(Versus)
1. The Executive Engineer, Electrical South Electric Division
Po/Ps/Dist: Bhadrak
2. S.D.O, Electrical South Division,
At: Bonth Chhak, Po/Ps/Dist: Bhadrak ……………………..Opp. Parties
Counsel For Complainant: Sri S. Tripathy, Adv & Others
Counsel For the O.Ps: Sri H. K. Pati, Adv & Others
Date of hearing: 19.12.2018
Date of order: 17.12.2019
BASANTA KUMAR MALLICK, MEMBER
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the this case as described in the complaint are to the effect that the complainant is a bonafide consumer under O.Ps bearing consumer A/c No. 422211120293 who had been paying the electricity dues to the O.Ps regularly. The complainant on 27.07.2012 requested the O.Ps to install a new meter as the old one was defective showing higher consumption of electricity than what is actually consumed. Despite sincere and repeated requests the O.Ps did not respond the complainant rather a group of employees of the O.Ps rushed to the premises of the complainant on 22.01.2013 and took away the defective meter along with service wire etc. leaving the consumer in darkness and snatched away the legitimate right of a consumer. Since then the complainant has been suffering from different angles due to want of power supply to his premises. In the mean time from 25.02.2013 to 02.03.2017 the complainant ahs approached in visiting the O.Ps time and again requesting them to restore power supply to the premises but did not yield any positive result as the O.Ps turned a deaf ear to the grievances of the complainant which amounts deficiency of service and communication of arbitrary and inflated energy bill also amounts to unfair trade practice. It is further submitted by the complainant that the O.Ps have also submitted the energy bills for the period when the power supply to the premises of the consumer was disconnected. Finally on 12.05.2017 the O.Ps refused to connect power supply to the premises of the consumer which was very much shocking for the consumer and being extremely aggrieved filed this dispute praying for a direction to the O.Ps to revise the electricity bill, to installed a new meter and to restore power supply to his premises.
The O.Ps objected the allegations of the complainant and contested the case and appeared before the Forum through their advocate. In submitting written version, the O.Ps have raised the question of maintainability as the complainant has taken shelter of the Forum after four years of disconnection of power supply. That apart according to the provision of U/s 16 (1) if the power supply of a consumer remains disconnected for a period of two months or due to nonpayment of energy dues or non compliance of directions so issued by the competent authority shall warrant termination of license of the consumer permanently. Therefore the complainant is no more a consumer under the O.Ps as his agreement has been terminated more than three years before the date of filing of this case. Under such a situation, the complainant not being a consumer, the case filed with this Forum is not maintainable and liable to be dismissed.
We have gone through the complaint filed by the complainant, written version filed by the O.Ps, perused materials on record and observed that by virtue of an interim order the dt. 17.07.2017 the O.Ps have restored power supply to the premises of the complainant on 18.08.2017 and also have installed a new meter on the same day vide meter No. NLT014285 and meter seal No. TO38101. That apart the O.Ps have also revised the arrear bill reducing the arrear bill amount from Rs 31,354.61/- to Rs 10,206.17/- which is not acceptable by the complainant as the O.Ps have already calculated the energy dues covering the period of disconnection of power supply to the premises of the complainant. But on verification of revised statement, the O.Ps have calculated the energy bill during the period under disconnection of power supply which need to be recalculated once again and to reduce the excess amount from the revised bill. Hence it is ordered;
ORDER
The complaint be and the same is allowed partly against O.Ps without cost and compensation. O.Ps are directed not to charge any energy bill during the disconnection period and accordingly revise arrear bill once again and communicate the same to the complainant. Complainant is also directed to pay the entire amount of arrear as per fresh revised bill together with the current dues within a period of 30 days from the date of receipt of revised bill. Both the parties are directed to comply the order accordingly.
This order is pronounced in the open Forum on this day of 17th December, 2019 under my hand and seal of the Forum.
