Orissa

Debagarh

CC/35/2016

M/s. B.T.M. Exports Ltd, Kalkat, through its power of Attorney holder/ Authorised Signatory, Sri Love Kumar Bhatia, aged about 59 years - Complainant(s)

Versus

The Executive Engineer, WESCO, Deogarh Electrical Division - Opp.Party(s)

Sri J.B. Agrawala

22 Feb 2017

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,DEOGARH.

C.D.CASE NO. 35/2016.

Present: Sri Dipak Kumar Mahapatra, President, Sri Pratap Chandra Mahapatra, Member and Smt. Jayanti Pradhan, Member (W).

M/S. B. T.M. Exports Limitted,Kalkat,

through its Power of Attorney Holder/

Authorized Signatory,

Sri Love Kumar Bhatia, aged about 59 years,

R/O.Vill/-Kalkath,. Post/- Basaloi,

P.S/Dist/-Deogarh.                                                  …                      Complainant.

 

Versus

The Executive Engineer, WESCO,

Deogarh Electrical Division,

At/Post/Dist/-Deogarh.                                          …                      Opp.Parties.

 

For the Complainant:- Sri J.B. Agrawala, Advocate.

For the Opp.Parties:- Sri R.K. Pradhan, Advocate.

 

DATE OF HEARING: 27.01.2017,DATE OF ORDER; 22.02.2017.

SRI DIPAK KUMAR MAHAPATRA:-The Advocate for the complainant has submitted that the complainant is a consumer of electricity vide consumer no-4140-0104-0018 and have initially availed 30 K.W load of Power Supply from the O.P. But due to the closure of their company they do not require such a heavy load capacity and want to avail load capacity to be reduced to 3 K.W henceforth. In this context the complainant on dtd. 7.1.2015 requested and applied to the Opp.Party with proper documentations. Then the complainant was asked that an inspection from the Opp.Party official will be carried on and after going through the inspection report the matter may be considered. Accordingly an Electrical Inspector was engaged by the Opp.Party and a report was submitted by the said Inspector on dtd. 21.1.2015 specifying that the load capacity is now 3 K.W. The Opp.Party then availed permission from the higher authority i.e. S.E., Burla in this matter on dtd. 06.4.2015 and also permission was availed by the Opp.Party. The O.P called the complainant to make a fresh agreement with the O.P for availing 3 K.W of load and directed to deposit required fees for the said agreement. The complainant had deposited fees of Rs.5,138/- in shape of the D.D through I.D.B.I on dtd. 18.5.2015 and submitted with the Opp.Party. After deposit of requisite fees the Opp.Party never taken steps to execute a fresh agreement with the complainant to avail the reduced load .Again on intimation was received by the complainant regarding the expire of three month term for the reduction in load capacity, when the complainant again and again requested through letters and personally the Opp.Party every time neglected the complainant and other given threatening to disconnect the power supply. Hence, the complainant finding no alternative, seek redressal from this forum.

            The Learned Advocate for the Opp.Party vehemently objected the matter by the complainant. He stated that, the complainant should bring the dispute to the notice of the Grievance Redressal Forum as per Electricity Act-2003 and it does not come under the jurisdiction of this forum to consider the matter. Also he has stated that as per complainant has not able to engage an Electrical Inspector for inspection report regarding the present load capacity and the complainant is solely responsible for his non-submission of inspection report. He further stated that the complainant has not specified whether he is running at 3 K.W load capacity or not. Hence, the petition should be dismissed.

            After going through the case record, it is apparent that the complainant is a banafide consumer who represents through it’s Power of Attorney Holder(Complainant) executed by him(the original consumer) as he is a Hirer of Services U/S-2(1)(O) and there exists a true consumer dispute so as to attract the provision of Consumer Protection Act, 1986. The complainant has applied before the Opp.Party to reduce to load capacity as he is going through recession as the aforesaid Stone Crusher is not in Operation and production has been stopped permanently. The Opp.Party accepted the application in proper format and gets the set up inspected through its Electrical Inspector and obtained a favorable report stating that the present load capacity is 3 K.W due to non-functioning of Stone Crusher. After being satisfied the Opp. Party has approached the S.E., Burla for prayer of the complainant reduction in load capacity. Accordingly, permission for load reduction was obtained from the S.E., Burla by the Opp.Party, which was permitted only for 3 months. Again the O.P directed to deposit the security amount in shape of Demand Draft and the complainant acted accordingly. But the O.P did not come to execute a fresh agreement with the complainant rather played Hide & Seek game with the complainant. In due course, time lapsed and the privilege granted to the complainant was expired. Having knowledge of the facts that for reduction of load, a fresh sanction is needed from S.E. Burla, still the O.P asked the complainant to enter into a fresh agreement which is a matter of surprise.

            The complainant has produced all relevant documents & letters in support of his claim for which it is clearly seen that the O.P has harassed the complainant. The complainant deposited the security money after getting the order from the Opp.Party and due to lapse of time again the complainant renewed the D.D drawn in favour of the Opp.Party, which caused the complainant an unwanted loss. Again engagement of Electrical Inspector by the complainant is totally worthless as the same have been initially done by the Opp.Party itself. This is the only preplanned game to test the patience of the complainant and is a clear example of carelessness and irresponsible behavior of the Opp.Party.

            On the forgoing discussion and observation we are in a view that, there is a deficiency in service U/S-2(1) (g), caused by the Opp.Party for financial loss for not considering the order for reduction of the load capacity from 30 K.W to 3 K.W to the set up of the complainant. He is entitled to compensation with litigation costs in the fact and circumstances the O.P has to pay compensation as per the order as follows:

                                                                                           ORDER.

            Hence, it is ordered that, the case by the complainant is allowed. The O.P is directed to pay an amount of Rs of Rs.10,000/-(Rupees Ten Thousand)as compensation. The O.P has also directed to pay Rs of Rs.5,000/-(Rupees Five Thousand)towards the mental agony and Rs of Rs.2,000/-(Rupees Two Thousand)towards the cost of litigation expenses within 45 days of receiving  this order and also the O.P is directed not to disconnect the Power Supply of the Complainant and take necessary steps to reduce the load capacity from 30 K.W to 3 K.W, failing which the complainant is liberty to proceed in due process of law .

            Office is directed to supply the first copies of the order to the parties free of costs receiving acknowledgement of the receipt thereof.

            Order pronounced in the open court today i.e. on 22^nd day of February,2017 under my hand and seal of this Forum.

 

I   agree,                                I agree,

 

MEMBER.                                MEMBER.                                            PRESIDENT.

 

                        Dictated and Corrected

                                    by me.

 

                               PRESIDENT.