DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 21st day of November, 2019
C.D Case No. 45 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Bhaskara Sahu
S/o Late Arjuna Sahu
At: Daisingh,
Po: Kaupur,
Ps: Bhadrak (R),
Dist: Bhadrak ……………………. Complainant
(Versus)
1. The Junior Engineer, NESCO, Section (IV), Agarpada
At/Po/Ps: Agarpada,
Dist: Bhadrak
2. The S.D.O, NESCO (North),
At: Bonth Chhak,
Po/Ps: Bhadrak,
Dist: Bhadrak
3. The Executive Engineer (NESCO), Bhadrak
At: Bonth Chhak,
Po/Ps: Bhadrak,
Dist: Bhadrak …………………………..Opp. Parties
Counsel For Complainant: Sri G. Bal, Adv & Others
Counsel For the O.Ps: Sri P. K. Nayak, Adv
Date of hearing: 07.08.2019
Date of order: 21.11.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps that the complainant is a consumer under the O.Ps vide his consumer No. BO707 (old) New A/c No. 42221102986 & the complainant regularly paying the monthly bill as claimed by the O.Ps since his connection & never committed any fault on his part. At the time of power supply, the O.Ps duly surveys the required load of the complainant premises. Accordingly the agreement has been made for 1 K.W load as per consumption. However the meter has been supplied at the cost of the complainant. As such as per meter reading the bill has been issued & also rent has been paid from time to time. The complainant also obtained the money receipt. (The Xerox copies of some of the bills issued by the O.Ps & the money receipt are filed herewith for your honors, kind perusal). The complaint consuming regularly 1981 to 1983. But in the year due to some cause or others the power supply has been disconnected in the year 1983 till 2001. However in the year 2001 the reconnection has been made & accordingly the complainant was paying the electrical charges as claimed by the O.Ps. But due to some malafied intention & some extraneous reasons the O.Ps. Intentionally disconnected the power supply of the complainant claiming the electricity charges in the disconnected period. The complainant duly informed the O.Ps about their illegal disconnection. As such the O.Ps realize their fault & permitted to continue as a Consumer Forum the year 2016 in the month of October. The complainant also paid Rs 5,000/- at the time toward his arrear bill amount as calculated by the O.Ps towards final settlement. In other hand the O.Ps also assured to revise the faulty bill and also assured to supply the revised bill on the forth coming months. But it is a matter of remark & regret that on the next month the complainant received a bill for amount of Rs 19,935/- for the month of November 2016 & accordingly the complainant met the O.Ps and requested to revise his bill. But the O.Ps advised to deposit Rs 5,000/- for that month and on the next month it will be received his bill. On their assurance the complainant also deposited that amount. But on the next month the complainant received a bill of Rs 19,176/-. The detail bill for month November to January is attached herewith as Annexure- 1to 2 and the bill paid by the complainant is also attached herewith as Annexure- 3.
That the cause of action for this case arose on dt. 02.11.2016 when the complainant requested the O.Ps for the last time by written application & on dt. 20.01.2017 when the complainant received the wrong & excessive bill and remain silent without correction of the bill amount. The complainant sought for the following reliefs.
1. The O.Ps be directed to correct & withdraw the illegal bill amount of Rs 19,935/- for the month of November 2016 & Rs 19,176/- & also after correction issue the real & actual consumption bill.
2. The O.Ps be directed to pay a Rs 50,000/- for their deficiency in service.
3. The O.Ps further directed to pay compensation of Rs 10,000/- towards and the mental and physical agony caused to the complainant and Rs 10,000/- towards legal costs.
4. To what other relief as the Hon’ble Forum deems fit and proper.
Complainant relied documents.
1. The monthly bills and money receipt issued by the O.Ps.
2. The written representation given to the O.Ps by the complaint.
The O.Ps appeared in this Forum to their concerned advocate and filed their written version analogously. The O.Ps have admitted the averments made by the complainant in the Para No. 1 partly such as “the complainant is a consumer under NESCO utility bearing consumer No. BO-707 and corresponding New A/c No. 4222 1108 0067 and which corresponds to A/c No. 4222 1102 0986 and has taken power supply for 1 K.W under domestic category”. The OP has also admitted the facts made in the complaint Para No. 2. The OP has denied partly the averments made in the Para No. 3. He has also averred that the facts stated in Para No. 4 is not within the knowledge of Para No. 4 of the complaint. The OP has stated that the averments made in the Para No. 5, 6 & 7are totally false, fabricated and concocted. The OP has challenge the cause of action of this case. The OP has described the fact that the consumer database from November, 2001 shows that there in an outstanding arrear dues against the consumer amounting to Rs 15,728.50p/-. That, from that period to till date the consumer did not pay his electricity dues regularly. In the month of October, 2016 an amount of Rs 5,000/- was paid by the consumer is highly irregular in payment of his electricity dues.
Hence the OP has prayed for the dismissal of this complaint.
OBSERVATION
We have already perused the complaint and written version filed by the complainant and the OP as well as the documents filed by them. We have observed that the OP has filed three numbers of money receipts vide dt. 20.11.2016, 31.01.2017 & 13.01.2001. The OP has consumed power supply from 1981 to 1983 which is not within the knowledge of OP. The power supply was disconnected from the year 1983 to 2001 it is found from the database of the complainant from November, 2001 to October, 2016 the outstanding bill upon the complainant is amount to Rs 15,728.50p/- and since then the complainant has not paid the dues regularly only he has paid Rs 5,000/- in the month of October, 2016. Since then to till date the complainant is highly irregular in payment of his electricity dues.
As per the aforesaid observation we have found that the complainant is a chronic defaulter in payment of electricity dues. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part. The O.Ps are directed to calculate the arrears exactly and the present bill and serve them upon the complainant. The complainant is also directed to clear up the dues of power supply up to date and avail the same. The order shall be carried out by both parties within 30 days on receipt of this copy of this order.
This order is pronounced in the open Forum on this day of 21st November, 2019 under my hand and seal of the Forum.
