DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 18th day of September, 2018
C.D Case No. 08 of 2016
Present:-
1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Bimbadhara Mohanty
S/o Late Narayan Prasad Mohanty
Vill/Po: Chhadheya
Ps: Bhadrak (R)
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer, NESCO, Bhadrak
2. S.D.O, R.E, Bhadrak (NESCO, Bhadrak)
3. J.E, Agarapada Section, NESCO
…………………………..Opp. Parties
Counsel for Complainant: Sri S. Mohanty
Counsel for O.Ps: Sri H.K Pati & Others
Date of hearing: 04.07.2018
Date of order: 18.09.2018
AFSARA BEGUM, MEMBER
* This dispute arises out of a complaint filed by the complainant alleging deficiency of service against the O.Ps.
* The brief facts as set out in the complaint that the complainant is a regular paying consumer under O.Ps bearing consumer No. BO-657 having load fact of 1 K.W.
* After availing power supply complainant is paying electric bill regularly. On 17.12.2016 transformer was burnt but the O.Ps neither repair the transformer nor replace the same. The complainant suffered various kind of hardship due to non restoration of power supply. He intimated the matter to the O.Ps and requested to repair the transformer. But the O.ps replied that unless and until other consumers would not pay electric bill, defective transformer will not be repair or replace.
* Hence the complainant filed the aforesaid complaint against the O.Ps sought for the following reliefs.
1. The O.Ps be directed to pay Rs 1,00,000/- to the complainant as compensation.
2. The O.Ps also be directed to repair transformer.
The complainant filed some documents as follows:-
1. Electric bills.
2. Money receipts.
The O.Ps appeared and submitted their written version .
* The O.Ps denied all the averments made in the complaint except some points admitted in written version.
* The O.Ps admitted that the complainant is a consumer under the O.Ps and aforesaid transformer was burnt and they also admitted that it was repaired after payment of electric bills by the other consumer on 22.01.2016.
* The O.Ps have not submitted any documents in support of their claim.
*The aforesaid dispute has been heard by both the parties.
* After hearing both the counsel of the parties and going through complaint and written version we noticed that, the O.Ps have committed deficiency of service. Because they have admitted in there written version that there was 35 days delay to restore power supply. They have stated in there written version that transformer was burnt on 17.12.2015 and a new transformer was installed on 22.01.2016.
* According to OERC 2015 the licensee shall restore power supply in the case of distribution transformer failure by replacement of transformer within 24 hours of receiving the complainant in towards and cities and within 48 hours of receiving the complainant in rural areas.
Based on the evaluation of facts and evidence as has come to our notice, we justifiably come to the conclusion that the O.Ps have not performed their duties honestly.
As such the complaint filed by the complainant is equitable by law. Hence it is ordered;
ORDER
The complaint be and the same is allowed on contest against the O.Ps. The O.Ps are directed to pay Rs 3,000/- as compensation for mental agony to the complainant within 30 days of receipt of this order, failing which interest @ 9% P.A be imposed from the date of filing of the complaint till its realization.
This order is pronounced in the open Forum on this day of 18th day of September, 2018 under my hand & seal of the Forum.
