Orissa

Jajapur

CC/93/2014

Chaitanya Ch. Prusty - Complainant(s)

Versus

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

Ashok Kumar Pahil

20 May 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:   1.Sri Pitabas Mohanty,Presiding Member,

                                                                       2.Miss Smita Ray, Lady Member.                         

                                       Dated the 20th day of May,2015.

                                       C.C.Case No.93 of 2014

Chaitnya Ch.Prusty, S/O Late Raghunath Prusty

At. Bindhan, P.O/P.S/Dist.Jajpur. 

                                                                                                         …………………....Complainant.                                                                       .

                   (Versus)

1.The Executive Engineer,NESCO, Jajpur.

2. The S.D.O,(Electrical) NESCO,Jajpur

    Both are At/P.O/P.S/Dist. Jajpur.                                                                                                                                                                                                                             

                                                                                                            …………………..Opp.Parties.

For the Complainant:                              Sri A.K.Pahil, Advocate.

For the Opp.Parties No.1 and 2             Self.

                                                                                     

                                                                                   Date of order :- 20.05.2015  

SHRI  PITABAS  MOHANTY, PRESIDING MEMBER .

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

                        The fact relevant in the present dispute shortly as per complaint petition are that the complainant is a consumer under the O.Ps. bearing No.140211212 . That due to excess energy dues charges, the complainant filed G.R.F Case bearing No.181/2006 against the O.P no.1. The Hon’ble G.R.F disposed of the matter on 28.08.2008. It is also stated that due to demand of excess bill by the O.Ps. the complainant failed to pay the same as a result the O.Ps. disconnected the energy connection of the complainant on 18.01.1996. There after as per  instructions O.P no.2 the complainant deposited Rs.612.00 on 10.10.2011 for reconnection of electric energy. Thereafter the O.Ps. again issued disconnection notice to the complainant on dt.21.02.14 . As a result  the complainant and his son in regular intervals visited the office of the O.Ps. for correction of the  energy bill as per single phase 1 H.P Pvt .L.I Tariff and for executing of fresh agreement but the O.P. without considering the grievance of the complainant illegally demand for payment of Rs.17.184.56 up to December’2013.

                        Finding no other way the complainant issued advocate’s notice to the O.Ps. on 27.10.14  along with Xerox copies of documents for the settlement of dispute for execution of fresh agreement for supplying the electric energy to the cultivation on land for  cultivation since due to want of electricity the petitioner has sustained a loss of Rs.58,000/- .Due to inaction of O.Ps. the petitioner finding  no alternative he filed the present dispute with the prayer to direct the O.Ps.to effect the order of the Hon’ble G.R.F recall the disconnection notice dt.21.02.14 and pay Rs.55,000/- towards compensation and litigation charges.

                        After notices the O.Ps. have  appeared and filed their written version denying the allegation of the petitioner in the written version have taken the following defence.

1. As per the order of the Hon’ble G.R.F letter No.488 dt.05.09.2008 vide case No.181/2006 the bill of the above consumer revised arrear of the conumser was nil till August-2008.
2. Due to non functioning of the meter the complainant billing has been done on Load factor as a result the arrear amount of the consumer till December-2014 is Rs.24699.25. During the period the consumer has paid Rs.6044.00 only. For this reason necessary order may please be given to the complainant to make payment his arrear electricity dues.

                        In view of the above clarification we have perused the record along with the documents and ledger copy filed by both the parties  in detail and inclined to dispose of the dispute  as per the observations  below :-

1.Admittedly the complainant is a consumer under the O.Ps. who has filed the present dispute for correction of inflated bill assessed by the O.Ps. It is also cristal clear that the O.Ps. admitted in their written version supported with ledger copy filed from the side of the O.Ps that the period from July-2006 to December-2014 energy charges has been assessed  on load factor basis  as well as average basis which is contrary to Regulation -86 of OERC Code-2004 .

2.Regarding the prayer for a direction to execute the order of Hon’ble G.R.F dt. 28.08.2008 , we are in the  considered view this Fora has no jurisdiction to sit as appellant Authority against G.R.F as per observation of Hon’ble Punjab State Commission reported in 2002(3) CPR-52-Punjab, wherein it is held that

“ Consumer Fora has no power to sit as an Appellant Authority against   dispute settlement Authority of State Electricity Board”.

                        In the above narrated clarification from our side we dispose of the dispute as per the order given below.                                 

                                   

O R D E R    

                         In the net result the dispute is  disposed of . The O.Ps. are directed to revise the arrear average / load factor  electricity bill of the petitioner within three months  by installing a new meter as per law.

                        As regards the prayer for fresh agreement the O.Ps. are also advised to look into the grievance of the petitioner as per law  . No cost.                  

      This order is pronounced in the open Forum on this the 20th day of May ,2015. under my hand and seal of the Forum.

                                                                                                                                                                                                                                                                                                                    

 

(Miss Smita Ray)                                                             (Shri Pitabas Mohanty)    

Lady Member.                                                                    Presiding Member.                                                                      

                                                                         Typed to my dictation & corrected by me

                                                                                   

                                                                                       

                                                                                         (Shri Pitabas Mohanty)                                                         

                                                                                           Presiding      Member.