Orissa

Cuttak

CC/28/2018

Padam Kumar Bhawsinka - Complainant(s)

Versus

THe Executive Engineer(Electrical) - Opp.Party(s)

H R Kedia

28 May 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.28 of 2018

Sri Padam Kumar Bhawsinka,

At: Malgodown, Cuttack-753003.                                                    .… Complainant.

 

Vrs.

1. The Executive Engineer,City Distribution Division-2,CESUBadambadi,Cuttack-753012.

 

2. S.D.O(Commercial)Mahanadi Vihar Electrical Sub-Division,CESU,Mahanadi Vihar,Cuttack.… Opp. Parties.

 

Present:     Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:     24.02.2018

Date of Order:   28.05.2019

 

For the complainant          :    Mr. Hariram Kedia,Adv. & Associates.

For the O.Ps                          :     Asst. Manager(C),CESU(A/R).

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this case against the O.Ps alleging therein deficiency in service and unfair trade practice with a prayer to grant appropriate relief to him in the interest of justice.

1. The case of the complainant in brief is that the complainant is a consumer of CESU since 30 years having his Consumer No.18-L-0101004(02267023) under the status of general category at Malgodown for his business.  The complainant is paying regularly his electricity dues in accordance with meter reading without fail.  The last energy bill dt.19.01.2018 was served on the complainant for the month of January,2018 for Rs.570/- which the complainant has paid within the due date on 31.01.2018 vide money receipt no.310118-67-23. (The copy of this bill is annexed as Annexure-1).
2. All of a sudden at about 3 P.M on 15.2.18, some staffs of the O.Ps disconnected the electricity line of the complainant in his absence and without any prior information.  When the complainant came to know of the disconnection of his electricity line in spite of up-to-date payments up to January,2018, he met the O.Ps in person but no step has been taken yet by the O.Ps to restore the electricity connection.  The complainant could not transact his business smoothly because of disconnection of power supply to his premises and has thus sustained heavy business loss.  The bill for the month of February,2018 was not served on the complainant by the meter reader on the plea that the power supply to his premises has been disconnected.  But for the month of February,2018, the complainant suo-moto deposited Rs.570/- on 22.2.2018 vide M.R No.220218-67-7 in order to avoid the wrath of O.Ps.  A copy of this receipt is annexed herewith as Annexure-2). The complainant has prayed for a direction to the O.Ps for restoration of the electric line immediately without charging any reconnection charges and to pay the compensation of Rs.30,000/- towards business loss, Rs.20,000/- for mental agony and Rs.10,000/- towards litigation cost.
3. The O.Ps 1 & 2 appeared and filed their objection.  The case of the O.P is that there are two electric connections bearing Consumer No.02267023 having C.D of 1 K.W on GPS tariff on actual meter reading and 02267031 CD of 1 K.W on GPS tariff billing made on average basis due to defective meter status in the name of the complainant.  There is an arrear amounting of Rs.1,50,515.00 outstanding against consumer no.02267031 and last payment was made on 23.4.2016 amounting to Rs.30,000/-.  After several persuasions, the complainant is not cooperating to replace the defective meter and not paying the dues regularly.  Both the connections are in the same premises but the complainant is paying in one which billing has been made on meter reading basis.  Due to non-payment of arrear dues, the service connection has been disconnected after service of due notice.  The consumer in order to avoid disconnection paid in one account.  The O.Ps have no intension to harass or humiliate to any consumer.  In this case consumer tried to avoid payment against Consumer No.02267031.  A huge amount arrear is pending with the consumer and he has taken advantage by keeping two numbers of consumers, there is no deficiency in service on the part of O.Ps.  The consumer has concealed the facts and alternative remedy is available to the complainant under the provisions of Electricity Act.  The G.R.F has been set up by O.E.R.C basing on Sec-42(5) of the Act to settle the dispute of the consumer. 
4. We have heard from the parties at length and perused the documents filed by the complainant.  The complainant has filed the electric bills for the month of January,2018 and February,2018 with regard to customer No.02267023.  But on the other hand the O.Ps have not filed any document with regard to two electric connections and pending arrear dues and O.Ps have not produced any document regarding service of due notice and have admitted the disconnection of power supply to Customer No.02267023 which amounts to unfair trade practice and deficiency in service on the part of O.Ps.

ORDER

The case is allowed on contest against the O.Ps.  The O.Ps are directed to restore the electric line in respect of Consumer No.02267023 and pay Rs.10,000/- towards mental agony, Rs.10,000/- towards business loss and Rs.5,000/- towards litigation cost within 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 28^th day of May,2019 under the seal and signature of this Forum.

                                                                                                                         ( Smt. Sarmistha Nath )

                                    Member (W)                                                                                                                                                                                                                                                                                                                                                                                       (Sri D.C.Barik)

                                                                                                                           President.