Orissa

Baleshwar

CC/74/2015

Sri Sarat Chandra Sahu, aged about 50 years - Complainant(s)

Versus

The J.E, Electrical, At/P.O/P.S- Khantapada - Opp.Party(s)

Sj. Sarat Kumar Rout & Others

19 Jun 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/74/2015
( Date of Filing : 23 Mar 2015 )
 
1. Sri Sarat Chandra Sahu, aged about 50 years
S/o. Balabhadra Sahu,At/P.O- Sarasatia, P.S- Khantapada, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The J.E, Electrical, At/P.O/P.S- Khantapada
Dist- Balasore.
Odisha
2. The S.D.O, Electrical, Bahanaga
At/P.O- Bahanaga, P.S- Khantapada, Dist- Balasore.
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHANTANU KUMAR DASH PRESIDENT
 HON'BLE MR. SARAT CHANDRA PANDA MEMBER
 
For the Complainant:Sj. Sarat Kumar Rout & Others, Advocate
For the Opp. Party:
Dated : 19 Jun 2017
Final Order / Judgement

                         The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the J.E, Electrical, Khantapada, Balasore and O.P No.2 is the S.D.O, Electrical, Bahanaga, Balasore.

                    1. Factual matrix of the dispute is that the Complainant, being a Consumer under the O.Ps vide domestic Consumer No.NB-2129188 having 1 K.W load since 16.09.2009. The Complainant was paying the regular electric bills before the O.Ps. But, due to flood, the dwelling house of the Complainant was damaged and power supply was disconnected, which the Complainant intimated to the O.Ps, thereby the O.Ps assured to provide another meter very soon. But, the O.Ps served average bill, thus the bill amount of the Complainant became so high, for which the Complainant couldn't pay. Despite several request made by the Complainant and as per direction of the O.Ps, the Complainant had purchased a new meter for Rs.1,300/- on 20.11.2012, but the O.Ps did not install the said meter, rather they served average bills from August, 2012 to November, 2013 including charging of energy bill during disconnection period of power supply. Thus, the Complainant personally approached the O.Ps to install new meter and revise average bills in several times, but the O.Ps did not pay any heed to it. But, lastly on December, 2013, the O.Ps installed another meter on a tree, which was in front of the house and collect regular bill amount without correction of average bill. The Complainant should pay his electric bill according to the actual consumption by him not as per the bills supplied by the O.Ps on the basis of average billing. Thus, an arrear of Rs.10,780/- is pending against the Complainant towards electric bill till January, 2015. Moreover, the O.Ps did not revise the electric bill of the Complainant rather threatened to disconnect the power supply to the house of the Complainant. Prayer for revision of electric bill and not to disconnect electric supply to the house of the Complainant by the O.Ps along with compensation for mental agony.

                     2. Though the O.Ps appeared through their Advocate in the case, but they couldn't file their written version within the statutory period, hence the O.Ps are set ex- parte.

                    3. In support of his case, the Complainant has filed certain documents. Perused the same. It has been argued on behalf of the Complainant that after damage of the dwelling house of the Complainant by flood, his electric power supply was disconnected. Then the Complainant requested O.Ps to supply another meter, but they did not hear and lastly, they supply it on December, 2013 by affixing on a tree situated in front of his house. The O.Ps did not corrected the average bill supplied to him prior to it after insertion of meter and now the Complainant is paying regular bill. The Complainant has prayed to this Forum for directing the O.Ps to revise his energy bill and for compensation etc. and not to disconnect his power supply. According to Rule-58 of OERC (Distribution and Conditions of Supply) Code-2004, for the period, the meter is not refixed again after testing, the billing shall be done taking into consideration of the average 3 (three) months energy bill after reinstallation of the meter. So, when re-installation of the meter is done, it is the duty of the O.Ps to rectify the previous electric bills taking into average 3 months after re-installation of the meter and not doing so till yet, the O.Ps have compelled to the Complainant to come to this Forum, which attracts compensation also and in our opinion, the Complainant is liable for compensation of Rs.1,000/- and litigation cost of Rs.1,000/-, which will meet the ends of justice in this case. Hence, Ordered:- 

                                                     O R D E R

                         The Consumer case is allowed on ex-parte against the O.Ps with cost. The O.Ps are directed to revise the previous average electric bills of the Complainant from August, 2012 to November, 2013 taking into average 3 months after re-installation of the meter i.e. on December, 2013 and to pay compensation of Rs.1,000/- and litigation cost of Rs.1,000/- to the Complainant within 30 days from the date of receiving of this Order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 19th day of June, 2017 given under my Signature & Seal of the Forum.

 
 
[HON'BLE MR. SHANTANU KUMAR DASH]
PRESIDENT
 
[HON'BLE MR. SARAT CHANDRA PANDA]
MEMBER

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