Orissa

Jharsuguda

CC/104/2014

Smt. Kiranbala Mohapatra W/O- Saroj Kumar Mohapatra - Complainant(s)

Versus

The Genaral Manager WESCO,Burla - Opp.Party(s)

T.K.Singh

27 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 104 OF 2014

 

Kiranbala Mahapatra ( 55 Yrs.),

W/O: Saroj Kumar Mahapatra,

R/O: Gajapatinagar, PO/PS: Brajrajnagar,

Dist- Jharsuguda, Odisha……………………………………..……. Complainant.

     

                                           Versus 

 

1. General Manager, WESCO,

AT/PO: Burla, Dist: Sambalpur, Odisha.

 

2. The Executive Engineer, WESCO,

Brajrajnagar Electrical Division,

At: Gandhichowk, PO: Gandghora,

PS: Brajrajnagar, Dist- Jharsuguda, Odisha.

 

3. Sub Divisional Officer (Electrical),WESCO,

Electrical Sub Division, Brajrajnagar,

Near OP Mills Main Gate, Brajrajnagar,

PS: Brajrajnagar, Dist: Jharsuguda, Odisha............................. Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                           Shri T.K. Singh, Adv. & Associates.

For the Opp. Parties                          Shri B. B. Barai, Adv. & Associates.

 

Date of Order: 27.07.2015

 

Present

 

                                                                                1. Shri S.L Behera, President.

                                                                               2. Shri S.K.Ojha, Sr. Member.

                                                                             3. Smt. A. Nanda, Member(W).

 

 

Shri S. K. Ojha, Sr. Member:-  This case of complainant reflects the extension of harassment, mental agony of the complainant so also the attitudes of the O.Ps towards Hon’ble Consumer Foras. 

 

The brief facts of the complaint case is that, being a consumer of the O.Ps. bearing consumer No. 417127010184 the complainant was paying the electricity bills regularly as  per her consumption but the O.Ps are not issuing bills every month as such the complainant is not able to get subsidies in the electricity bills.  A caretaker namely Sanjay Sakunia is residing with the family members of the complainant and he looks after the residential house in absence of the complainant without locking the premises.  The complainant observed the meter reading becomes very high in some months and instructed his caretaker to make written complaint as such the said caretaker made a written complaint on dtd. 10.07.2014 served on the same day and later served personally to the O.P.No.3 on dtd. 18.09.2014, but no action.  On instruction of the complainant the said caretaker went to the O.P.NO.2 where Area Finance Manager found some discrepancies in the bills   where the O.P.No.2 assured to resolve the same but this time also no action.  While visiting on the third request on dtd. 30.09.2014 the complainant found the O.P.No.3 at the office of O.P.No.2 requested to resolve his said discrepancies but the O.P.No.3 said that, ‘they are here to increase the collection of WESCO by any means and not to adjust any amount’ and while insisting on consumer rights by the complainant regarding filing of case before Consumer Forum, the O.P.No.3 again become furious and abused the Consumer Forum as,  “wo Randi khana jaisa hai jo jata hai order leke aajata hai bill settle karo, line jodo” and many other words.  At that time Mr. Dhananjay Singh, V.S Tiwari, Shakti Singh, Nishant Moin Haque & Tanka Meher were also present in the office who restricted the O.P.No.3 from saying obscene words against the judicial system of India for which hot exchange of words was also took place between them. Surprisingly the O.P.lNo.3 also said that they make their own law and on dtd. 01.10.2010 at about 1P.M he issued a letter vide letter No. 785(1) dtd. 16.09.2014 instructing to pay current and arrear amount by 1^st of October’2014 otherwise supply of premises will be disconnected.  The caretaker on the same day rushed to the office of O.P.No.2 where the O.P.No.2 instructed his Area Finance Manager to calculate the rebate and adjust it and sent the letter to O.P.No.3 for issue of corrected bill but in spite of that on dtd. 03.10.2014 (Govt. Holiday for Durga Puja) the O.Ps. disconnected the electric supply without issuing corrected bill and also without issuing any notice for demand. At least 15 days prior notice is mandatory for disconnection which the O.P.No.3 issued the letter in fraudulent manner.  The complainant issued condemn letter on dtd. 30.09.2014 posted on 01.10.2014 and letter of petitioner dtd. 12.09.2014 received by O.P.No.3 personally on dtd. 18.09.2014 then how it is possible to refer the said letter in disconnection letter issued by O.P.No.3 to the petitioner on dtd. 16.09.2014 this clearly speaks malafide intention and unfair trade practice of O.Ps.  On the above mentioned activities of the O.Ps,  the complainant  alleges that the O.Ps are the only supplier of electricity and being a citizen of India having no alternative the O.Ps are very adamant and making monopoly in their profession and finding no other way filed this case before this Hon’ble Forum for proper adjudication.

 

On service of notices, the O.Ps appeared and filed Written Version jointly through their counsel admitting the facts of electricity connection and submitted that the complainant is a consumer vide consumer No. 417127010184 and denied all the allegations imposed by the complainant. The O.Ps submitted that the complainant brought false and fabricated allegations against the O.Ps.  The O.Ps further submitted that they had disconnected the electric supply as per law and reconnected after receiving Rs.32,000/- only from the complainant and Rs.3,309.22P  only has been withdrawn from billing account and corrected bill of Rs.3230/- only has been served to the complainant. Denying all the allegations the O.Ps prayed for dismissal of the case.

 

 

Heard the matter in length from both the parties, gone through the case and materials available on record. Although the O.Ps resolved the discrepancies in the bills of the complainant but in exchange of immense harassment and mental torture of the complainant and after filing of this case on receipt of notices. It could have been resolved much earlier without raising any issues.  The O.Ps. which were denying to make any correction in the electricity bills after being found out by the their Area Finance Manager, they have corrected the same after much more experience of the complainant.  It is also noticed that the complainant discussed / condemned before the O.Ps on dtd. 30.09.2014 about his letter dtd. 12.09.2014 which was received by the O.P.No.3 on dtd. 18.09.2014 and on the very next day the complainant was served a letter bearing No. 785(1) dtd. 16.09.2014. The events are not properly matching to each other. 

 

One very important issue raised between the parties where the O.P.No.3 abused the Consumer Fora in much furious, and filthy languages as mentioned above and to witness the said unnatural event  the following residents filed their individual affidavits in shape of  evidence and in support of the matter of case :

 

1. Tankadhar Meher, aged about 55 years, son of Arjun Meher, R/O- Bagrachhaka PO- Gandghora, PS- Brajrajnagar, Dist- Jharsuguda, Odisha.

 

2. Shakti Chandra, aged about 48 years, son of late Bishnu Mahato R/O- Bagrachhaka PO- Gandghora, PS- Brajrajnagar, Dist- Jharsuguda, Odisha.

 

3. Dhananjay Singh, aged about 41 years, son of Hridyananda Singh, R/O- Lamtibahal, PO/ PS-  Brajrajnagar, Dist- Jharsuguda, Odisha.

 

4. Nishant Moin Haque, aged about 42 years, son of M.M Haque, R/O- 4^th Pit Orient Colliery, Po- Orient Colliery, PS-  Brajrajnagar, Dist- Jharsuguda, Odisha.

 

5. V.S.Tiwari, aged about 40 years, son of late Ramdev Tiwari, R/O- Bundia Colony, PO- Rampur Colliery ,  PS-  Brajrajnagar, Dist- Jharsuguda, Odisha.

 

6. Sanjay Kumar Sakunia, aged about 60 years, son of late Nandlal Sakunia R/O- C/O- Kiranbala Mohapatra of Gajapatinagar, PO/ PS- Brajrajnagar, Dist- Jharsuguda, Odisha.

 

In contrary to the above all evidences the O.Ps have not challenged except mentioning in the written version and they have not filed any counter affidavit in support of their case.

Relying on the above mentioned evidences and on the observations and analysis, it is found that the O.Ps. have harassed a lot to the complainant for making correction in the electricity bills  and tortured mentally to the maximum extent, which is nothing but one of the best example of commitment of deficiency in service and adoption of unfair trade practice on the part of O.Ps.

 

 

So also the O.P.No.3 have abused the Consumer Foras in very unnatural languages the matter of which should be enquired properly and necessary action must be taken against him, if found so happened.

 

            Hence on the above limelight this Hon’ble Forum allows the complaint petition with  orders as follows;

 

ORDER

 

 

1. The O.P.No.3 is hereby directed not to harass the complainant any further so also to any consumer of electricity residing under his purview.

 

2. The O.Ps. are  hereby jointly and severally directed to compensate the complainant for a sum of Rs.10,000/- ( Rupees ten thousand) only towards harassment, mental agony including litigation costs and pay to the complainant within 30 (thirty) days from the date of receipt of this order or adjust the said amount in forthcoming electricity bills of the complainant.

 

3. Issue letter to the Superintendent of Police, Jharsuguda to enquire the matter of above mentioned abused of Consumer Foras in filthy and unnatural  languages  by the O.P.No.3 (Sub Divisional Officer (Electrical),WESCO, Electrical Sub Division, Brajrajnagar) and for taking necessary action in this regard.

 

Accordingly the case is disposed of.

                       

Order pronounced in the open court today on this the 27^th day of July’ 2015, copy of this order shall be communicated to the parties as per rule.

 

 

                       I Agree,                               I Agree,

 

 

                                     

      S.L.Behra (President)            A.Nanda, Member(W)              S. K. Ojha, Sr. Member

                                             Dictated and corrected by me,

 

                                               S. K. Ojha, Sr. Member.