Orissa

Rayagada

CC/360/2016

Smt. Manorama Panda - Complainant(s)

Versus

The Executive Engineer Sothco Utility - Opp.Party(s)

Self

13 Apr 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 360 / 2016.                                           Date.    13     .    4   . 2018

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                       President.

Sri  GadadharaSahu,                                                                       Member.

Smt. Padmalaya  Mishra,                                                              Member.

 

Smt. Manorama Panda, W/O N.Panda At:Raniguda Farm, Near Vigilence office,     Dist:Rayagada  (Odisha).                                                                         …. Complainant.

Versus.

1. The Executive  Engineer, SOUTH.CO Utility, Electrical Division, Rayagada.
2. The Sub-divisional Officer,       SOUTH.CO Utility, Electrical Sub-Division, Rayagada.
3. The Vigilence & Enforcement Officer, SOUTH.CO Utility, Electrical Circle, Rayagada.
4.                                                                                     ……...Opp.Parties

For the Complainant:-Self..

For the O.Ps.  :- Sri Ashish Panda, Deputy Manager, Legal.

.

JUDGMENT

The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non revision of Electrical  bill bearing Consumer No.311102520024 for which  the complainant  sought for redressal of the grievances raised by the complainant. The brief facts of the case  has summarised here under.

That the complainant is a consumer for the Electricity connection to her house  in a status  of domestic connection vide account No. 311102520024.  The O.P. No.3 had inspected the Meter  installed  in the premises of the complainant on Dt. 22.7.2014 and advised that the meter being defective need to be changed  since the reading was not proper.  A   new Meter  was installed  at his  instant on Dt.  2.12.2015 and at the same time asked the complainant to deposit a sum of Rs.5,000/- towards the arrear dues. Now  the arrear demand was raised to Rs. 9,870/- and for such  extra demand authority concerned  was not  supplied  any paper to the complainant. Since there is a case of defective meter and there is no such allegation  against her that she has tampered the meter or used the electricity otherwise unauthorized  and after change  of the meter also the status remained the same. So the damand made by the O.Ps  against the said connection  is deemed to be arbitrary, illegal and  beyond  cardial assessment with a  view to cause financial hardship to her and as such the said demand need be quashed by this forum and to protect consumer from such arbitrary actions of the O.Ps. Hence this case. The complainant prays the forum direct the O.Ps  to  receive  the regular consumption charges without making insisting to pay  the arrear dues  shown after such inspection &  adjust the amount paid by her as per their demand in the future bills and not to venture for disconnection in the  guise of non payment of arrear dues and  protect  the complainant from the  harassment of the O.Ps in providing such services and quash the demand of arrear of Rs.10,298.70 and to relive the complainant from such financial burden and  as such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

On being noticed the  Deputy Manager, Legal  appeared on behalf of the O.Ps   filed  written version by refuting the allegation levelled against  them. The O.Ps  taking one and another pleas in the written version  & sought to dismiss the complaint as it is not maintainable  under the C.P. Act, 1986.  The O.Ps further contended That the  facts which are not specifically admitted may be treated  as denial of the O.Ps. Hence the O.Ps     prays the forum to dismiss the case against  them  to meet the ends of justice.

  Heard arguments from the    O.Ps    and from the complainant.    Perused the record, documents, written version  filed by the parties. 

This forum  examined the entire material on record  and given  a thoughtful consideration  to the  arguments  advanced  before us by  the  parties  touching the points both on the facts  as well as on  law.

                                               

 

                                                            FINDINGS.

Undisputedly the complainant is  a consumer bearing  Consumer No.311102520024 and availed service of the O.Ps and paid  consideration amount of  consumption as per the reading   bills by the complainant   as demanded by the O.Ps. 

In written version the O.Ps in their  para-3 submitted that  on considering   of  the grievance petition   Dt.27.6.2016 of the  complainant it was   dictated that during  the period from April, 2012 to March, 2014 provisional billing was assailed due to the defective Meter billing, as per the prevailing rules and regulations charging  the average consumption for six  months after installation of new correct  Meter on Dt. 28.12.2015 the bill has been revised and corrected in the month of September, 2016 considering 238 Units average consumption per month in place of 180 units. Accordingly an amount of Rs.5,733/- has been  added in the account of the consumer which is justified and admitted also.  After such revision there is no question of further revision.  Copies of the Meter status report, revision statement and statement of billing are in the file which is marked as Annexure-I to Annexure-3.

In para-4 the O.Ps  contended  that the allegation regarding adjustment of payment which has been made during the disputed period, it is  submitted that all the amount which has been received has been adjusted  chronologically and reflected on the monthly  bill  of  the  consumer.

This  forum agreed with the views taken in the written version  inter alia  documents  filed  by the O.Ps  in  support of this case to substantiate the claim of the  complaint made by the complainant in the present case.  As thus   this forum found there is no deficiency  in service on the part of the O.Ps. Hence  the present case in hand the complainant is not entitled  for any compensation from the O.Ps.

To meet the ends of justice the following order is passed.

ORDER.

Accordingly the case stands disposed off.  There is no order as to cost and compensation.

The complainant is ordered to  receive all the documents filed by the O.Ps   from the forum and  accordingly   follow.

Dictated and corrected by me.             Pronounced in the open forum on             13^th.  day of    April, 2018.

 

 

 

MEMBER                                               MEMBER                                                                                              PRESIDENT