Orissa

Jajapur

CC/44/2020

Smt. Saraswati Bhuyan. - Complainant(s)

Versus

The Executive Engineer,Electrical ,Jajpur - Opp.Party(s)

25 Sep 2020

ORDER

IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                     

                                             Dated the 25th day of  September,2020.

                                                      C.C.Case No.44 of 2020

Smt. Saraswati Bhuyan , W/O  Chandramani Bhuyan

Vill. Maidipur , P.O. Similia , P.S. Jajpur Sadar

Dist.Jajpur.                                                                                                                                 ….. Complainant.                                                                                                                                                     (Versus)         

1.The Executive Engineer,Electrical ,Jajpur.

2. The S.D.O,Electrical,Sub-division ,Jajpur

3.The J.E, Electrical No.1,Jajpur                                                                                          ……………..Opp.Parties.                                                                                                                                             

For the Complainant:                                Self

For the Opp.Parties :                                 Sri P.K.Daspattnaik, Advocate. 

          

                                                                                                     Date of order:   25 .09 .2020.

MISS  SMITA  RAY , L A DY ME M B E R  .    

The  complainant has filed the present dispute alleging deficiency in service on the part of the O.ps.

                The fact relevant as per complaint petition in short is that the petitioner is a domestic consumer of electricity under the O.p vide consumer No.JTR2998 from March-1999. The O.P  collected  the energy charges 270 unit per month till March 31^st 2008 .  From 1^st April-2008  .  The meter was installed by the O.P in  the premises of the petitioner and thereafter the bill was  Rs.100/- per month but the O.P is  demanding  arrear dues of Rs.13,290.40/-  which is totally illegal. Thereafter finding no other alternative the petitioner knocked the door of this commission with the prayer to direct the O.P to correct the arrear  dues .

                After receipt of notice  the O.P appeared through their learned advocate and filed their written version / objection  taking the stand

The complainant is a domestic consumer bearing Consumer No.JTR 2998 under O.P.no.2 electrical section of Jajpur Town Electrical Sub-division within Jajpur Town Electrical division. The complainant failed to cleared up the arrear outstanding dues of O.Ps as a result of which her arrear outstanding has gone up to Rs.13357.35 up to January-2020. There was load  factor billing for the period from September-2007 to July-2008 @ 846 unit per month. On her request as well as taking into consideration of consumer ledger

account the O.P made the revision of disputed period of billing amount for which an amount of  Rs.14839/-  was withdrawn from her own electrical bill. Thereafter no single repayment was done by the complainant consumer . Now inspite of repaying the dues of O.p she has filed this case only to harass the O.Ps.

                In the above state of affair the case is not maintainable in the eye of law and liable to be dismissed.

                On the date of hearing we heard the argument from both the sides. Perused the pleading and documents available on record.

                After perusal of the   record  and  ledger copy it is undisputed fact that the petitioner is a domestic consumer under the O.Ps . After perusal of the ledger copy filed from the  side of the O.P  from November-2000 to September-2008 the bill was prepared  on  load factor basis and from November-2008 to January-2020  the bill was prepared on  actual   meter reading basis. The O.P took  the stand in their written version there is an amount of Rs.14,839/- was withdrawn from the electric bill of the petitioner and thereafter no single payment was done by the petitioner

. Inspite of repaying the dues of the O.P the petitioner has filed this case only to harass the O.P. On the other hand the petitioner claimed that the bill revision was not done  as per law  as well as  supply of electric bill without proper meter reading was also deficiency in service.

            Accordingly without drawing  any adverse inference  we dispose of the dispute as per order below :

            The dispute is disposed  of on contest  . The O.ps are directed to revise the electric dues of the petitioner from November-2000 to September-2008 after taking average meter reading from the meter which has already been installed in the year of -2018 as per clause-97 of OERC code-2004 within one month after receipt of this order. If the above period was not revised by the O.P  earlier , the petitioner also directed to pay the current electric dues regularly . Failing which both parties are at a  liberty to take steps as per law.       

This order is pronounced in the open Forum on this the 25th  day of  September,2020. under my hand and seal of the Commission .