DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI AT BHAWANIPATNA.
C.C. 47 OF 2016
PRESENT:-
Sri Aswini Kumar Sahoo, M.A, LL.B OSPS(I) Sr. Retd. President
Sri Ashok Kumar Patra, Retd. O.I.S ( I) Member.
Sri Prakash Chandra Khamka, At: Mahavirpada,New Municipal High School,Po: Bhawanipatna,Dist.Kalahandi,Odisha.
Versus
- The Executive Engineer, WESCO,KEED, Electrical Division, Po: Bhawanipatna, Dist. Kalahandi.
- The Sub Divisional Officer, WESCO,KEED, Electrical Sub Division, Naktiguda,Infront of RTO Office, PO: Bhawanipatna, Dist. Kalahandi.
Counsel :
For the Complainant: In Person
Sri N.R.Mishra Advocate,Bhawanipatna.
For the OPs : Sri N.R.Mishra Advocate,Bhawanipatna
J U D G M E N T
The facts of the complaint in brief is that the complainant is a consumer of the Ops vide Consumer No.903001030935 and the complainant has made agreement with the Ops for supply of three phase line in the year 1994 and the three phase line was supplied to the premises of the complainant but on 4.07.2016 the entire unit of the complainant was shut down for non supply of three phase line for some other pleas of the Ops and due to non supply of three phase line the premises of the complainant was adversely effected avocation and also income. The complainant has approached the Ops from time to time and given letter on dt.11.08.16 to the op 1 and on 03.07.2016 to the op 2 for restoration of power supply but till date no reply has been received from the side of the Ops. Hence, prayed to direct the Ops to restore three phase electrical connection to the complainant immediately and direct the Ops to pay compensation of aRs.5,00,000/- for mental agony and harassment and such other relief as the forum deems fit and proper. Hence, this complaint.
Being noticed the Ops appeared and filed written version denying the petition allegations on all its material particulars. It is submitted by the OPs 1 that the Ops have never disconnected the electric line of the petitioner rather the consumer of the village Nuagaon were using the electric connection by way of hooking and after several warning they did not hear so in order to protest them the Ops as per the instruction of the higher authorities disconnected the electrification of the village Nuagaon but not the connection of the petitioner and due to overloading the transformer was not properly working and to replace the same the Ops wrote a letter to higher authorities for the new transformer and now after obtaining the same the Ops installed the new transformer. The complainant has filed a false case in order to harass the Ops which is not maintainable and prayed to rejected the petition
F I N D I N G
On perusal of the complaint petition, written version, documents available on record and hearing both the parties the main point for consideration is whether the OP has disconnected the three phase electricity supply to the complainant who is running a small scale unit i.e. Rice huller as his livelihood being an educated unemployed person. From the documents filed by the complainant and according to the written version of the OP it is an admitted case that the complainant has been supplied with a three phase line to his unit on the strength of that written agreement . The complainant has also filed copies of the electricity bill and receipt in support of his payment of electricity dues from time to time .The OP in the written version has also not claimed any outstanding electricity dues from the complainant. The main allegation of the complainant is that the OP without any prior notice to him disconnected the electric supply to his unit on various occasion causing loss to him. In spite of various complaint the OP did not supply the power connection to his unit. On the other hand in the written version the Ops have only denied the claim of the complainant but did not make any rebuttal claim in support of their version. The complainant alleged that power supply were disconnected to his unit from 9.06.14 to 3.07.14, 16.07.15 to 14.08.15, 15.09.15 to 26.09.15 and 11.11.15 to 31.12.15 in spite of the eclectic bill paid by him. Though the OP denied the allegations but admitted in Para 5 of the written version that as the villagers of Nuagaon has taken electric supply by way of hooking and on the instruction of the higher authority electric power was disconnected to village Nuagaon . Further it is admitted that due to over loading new transformer needed to be installed. Further the OP alleged that if power supply was disconnected to the unit of the complainant why he did not inform the same to the higher authority. In the instant case the complainant has filed copies of two letters written to the Executive Engineer, WESCO dt.3.07.16 and 11.8.16 which is received by the office of the Ops.
In view of the above , we believed the allegation that power had been disconnected to the unit of the complainant as alleged in Para 9 of the complaint petition. So we are of the opinion that there is deficiency in the part of the OP to supply the electricity to the unit of the complainant and also that due to such sudden disconnection without any prior notice the complainant has suffered mental agony and financial loss and entitled to compensation for the same.
The power supply had been disconnected from 9.06.14 to 3.06.14(25 days) from 16.07.14 to 14.08.15(29 days) 15.09.15 to 26.09.15(12 days) and 11.11.15 to 31.12.15(50 days). So in total the complainant had been disconnected with electric supply for total of 116 days. So we hold that the Ops are liable to compensate the loss caused to the complainant due to not running of the small scale unit i.e. rice huller in absence of power supply for the period as above. So we direct the OP to adjust the bill amount of the above disconnected period in further bill as per rate of unit prevailing during disconnected period and also directed to pay compensation of Rs.20,000/- towards financial loss caused to the complainant due to the disconnection and further directed to pay Rs.1,000/- towards litigation expenses. The Ops are directed to comply the above order within 90 days from the date of receipt of this order, failing which the complainant is entitled to take shelter of execution proceeding of the C.P.Act.
Pronounced in open forum today on this 30th day of August,2017 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
- Electricity Bill dt.1.8.2016,11,07.16,13.05.2016
- Money Receipt- 4 Nos.
- Copy of agreement
- Copy of letter addressed to the OP dt.11.8.2016
- Copy of letter addressed to the SDO dt.3.07.2016
By the Ops: Nil
President
