DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER  COMPLAINT  CASE NO. 16 OF 2016

Smt. Shibaratri Patel (62 Years),

W/O: Nitai Patel,

R/O: Ekatali, PO: Ekatali,

Dist- Jharsuguda, Odisha…………………..…………………………..…..……. Complainant.

                                           Versus 

1. The Executive Engineer, ( Electrical),

Jharsuguda Electrical Division,

WESCO, Jharsuguda, Odisha.

2. The Sub-Divisional Officer, (Electrical),

            Jharsuguda Electrical Sub-Division, Kalimandir-II,

            WESCO, Jharsuguda, Odisha............................................................... Opp. Parties.

Counsel for the Parties:-

For the Complainant                          Self.

For the Opp. Parties                          Shri B.B. Barai, Adv. & Associates.

Date of Order: 26.07.2016

Present

                                                                                        1. Shri S.L Behera, President.

                                                                                       2. Shri S.K. Ojha, Member.

Shri S. K. Ojha, Member :- The brief facts of the complaint case is that, the complainant is a consumer of the O.P. bearing Consumer No. 413122030151 and he was paying the electricity bills regularly to the O.Ps. In the month of October,2015 the complainant received  an enhanced bill of Rs.3,758/- only and deposited Rs.2,000/- only on dtd. 31.12.2015.  By alleging on the same matter the O.ps. told to replace the meter due to the meter was a defected one and it was replaced by the O.Ps.  All of sudden the O.ps. disconnected the electricity line without any notice and after asking on the same the O.Ps. demanded Rs.28,850/- only for reconnection of electric line.  The complainant deposited the said Rs.28,850/- only on dtd. 25.01.2016. Till the date of 15.02.2016 the O.Ps. have not issued any electric bills of the new meter installed.  The complainant prayed for revision of the electricity bill and to return the excess amount received by the O.Ps.

On service of notice, the O.Ps. appeared and filed Written Version through his counsel admitting the facts of electricity connection and submitted that the complainant is having electrical connection of 2KW capacity but the complainant has extended supply of another six numbers of family quarters extra 5KW of load without prior permission which was detected on routine checking on dtd. 20.08.2015.  The bill was issued as per 5KW load factor.  On verification dtd. 20.08.2015 a provisional assessment order served to the complainant amounting Rs.49,276/- only  vide letter No. 865(2) dtd. 29.08.2015. Final assessment order issued vide Letter No. 1059 (2) dtd. 07.10.2015 of SDO No.1 WESCO

Utility Jharsuguda for payment of Rs.49,276/- only with a date for hearing dtd. 29.10.2015. Then on consideration of the complainant’s grievance the penal finalized for Rs.28,850/- only and accepted the amount with RC and DC charges and the supply to the complainant’s premises was reconnected and denying the allegation with a prayer for dismissal of the case.

Heard the matter in length from both the parties, gone through the case and materials available on record.  The complainant is a consumer of O.P bearing consumer No. 413122030151. The complainant filed Xerox copies of several electricity bills and Money Receipts where the O.Ps filed Xerox copies of inspection report, provisional assessment order dtd. 29.08.2015, Final Assessment Order dtd. 07.10.2015 and copy of Money Receipt and letter of complainant.  Both provisional assessment order and final assessment order are made as per the inspection report dtd.20.08.2015.  In the said inspection report the Remarks and Finding by inspecting officer column is not clearly visible so also in the space of “dated full signature of consumer/ representative” it is written as “consumer not found”. It reveals that the said inspection report was made in absence of the consumer/ complainant as because the complainant could have signed on the said report, thus the said inspection report cannot be treated as valid evidence in proving of the plea of the O.Ps.

Basing on the above mentioned circumstances the complainant’s case is said dto be established and the activities of the O.ps. are found to be unfair trade practice and deficiency in service, hence the complaint petition is hereby allowed  with directions to the O.ps. as follows;- 

ORDER

The O.Ps are hereby directed to  pay  to the complainant a sum of Rs.20,000/- ( Rupees twenty thousand) only towards harassment, mental agony including litigation costs, which may be adjusted in the next / further electricity bill / bills of the complainant

Accordingly the case is disposed of.

Order pronounced in the open court today the 26^th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule. 

                                                              I Agree.                                                                                                                        

                                                       S. L. Behera, President            S.K.Ojha, Member                                               

                                    Dictated and corrected by me

                                        S.K.Ojha, Member