The J.E. Electrical Section-1 , V/S Sri Chitrasen Saraf
Sri Chitrasen Saraf filed a consumer case on 27 Nov 2009 against The J.E. Electrical Section-1 , in the Bargarh Consumer Court. The case no is CC/08/51 and the judgment uploaded on 30 Nov -0001.
Orissa
Bargarh
CC/08/51
Sri Chitrasen Saraf - Complainant(s)
Versus
The J.E. Electrical Section-1 , - Opp.Party(s)
Sri M.K.Mohapatra and others
27 Nov 2009
ORDER
OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT) DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA consumer case(CC) No. CC/08/51
Sri Chitrasen Saraf
...........Appellant(s)
Vs.
The J.E. Electrical Section-1 , The Executive Engineer
...........Respondent(s)
BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI BINOD KUMAR PATI 3. SHRI GOURI SHANKAR PRADHAN
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Presented by Sri B.K. Pati, Member:- Brief fact of the case is that, the Complainant, a consumer of the Opposite Parties, made a complaint in the complaint book of Opposite Party No.1(one) at about 4.30 PM on Dt.28/05/2008 regarding non-supply of electricity to his house. A staff member who was on duty demanded Rs.200/-(Rupees two hundred)only from the Complainant to attend the complaint. When the Complainant refused to fulfill the demand his complaint was not attend to and his family suffered a lot as the temperature at that time was 42.05 degree Siliceous. The Complainant went to Sectional Officer but in vain. The Department staff repaired the connection after 72(seventy two) hours. When the Complainant was absent from his house they changed the meter which had been purchased from the authorized dealer at the time of electric connection with OK certificate given by the WESCO. The meter was changed without prior notice or a complaint made by the meter reader, only to harass the Complainant. The old meter was not returned to the Complainant. Both the non attendance to restore supply of power for 72(seventy two) hours and the changing of the meter without prior notice resulted in mental, physical and monetary loss to the Complainant. He claims Rs.1,00,000/-(Rupees one lac)only from the Opposite Parties for failure to perform their duty towards the him. The Opposite Parties in their version deny the allegation, that his line was connected after 72(seventy two) hours and contend that changing of defective meter pertains to technical matter which comes within the purview of Electrical Inspector and the Forum can not entertain their complaint. The Opposite Parties connected the service line with in four hours and while doing so observed that the internal part of the meter had melted and was in dangerous condition to human life. The Complainant was asked to change the meter. On the next day i.e. 29/05/2008 a major repair work of 11(elven) K.V. line was under taken. The fact was widely, published to the public and the town was without electricity from 11.30 A.M to 2.40 P.M. and again from 5.15 P.M. to 8 P.M.. During this period the Complainant came to the office and demanded the staff to come to his house and rectify the meter. Staff were not available and Complainant gave an application receiving its acknowledgment. After the repairing work was over the Opposite Parties went to the house of the Complainant, inspected the meter and found that the wiring of the meter had melted due to tampering of meter and shut circuit for which inventory report was not made, nor the Complainant was penalized. He was given a chance to buy a new meter or apply to the Opposite parties for the same. As the Complainant failed to supply a new meter, the Opposite Parties changed the meter on Dt.04/06/2008 for the safety of human life. The old meter was returned to the Complainant on Dt.20/06/2008 after entry in the record which was acknowledged by the Complainant. The Opposite Parties deny all other allegations and pray for dismissal of the complaint with cost. Perused the complaint petition, Opposite Parties version as well as the copy of documents filed by the Parties and find as follows. The Opposite Parties, in their version, contend the present dispute to be a technical one coming within the purview of the Electrical Inspector. As the Complaint reveals its main ground to be disruption of power supply to the house of the Complainant and non rectification of the same for 72(seventy two) hours in spite of complaint in the office of the Opposite Parties by the Complainant, the matter being an irregularities in providing service, is very much triable by the Forum. The Opposite Parties refute the claim of the Complainant that power was supplied after 72(seventy two) hours and contend that it was done with in four hours of receiving the complaint. They further say that major repair work of 11 K.V. line was being under taken on Dt.29/05/2008 and the entire town was with out electricity from 11.30 A.M. to 2.40 P.M. and again 5.15 P.M. to 8 P.M and the public was informed about the fact. The staff attending the house of the Complainant found the meter in dangerous condition requiring replacement of the same. When the Complainant did not supply a new meter even after information the department changed the meter in order to avoid danger to human life. The old meter was returned to the Complainant on Dt.20/06/2008 after entry in the record which was acknowledged by the Complainant. The Complainant files affidavit sworn by himself and his tenant one Ajaya Pradhan in support of his case, where as Opposite Party No.1(one) files affidavit defending the position of the Opposite Parties. The Opposite Parties also files a xerox copy of a document showing receipt of the old meter by the Complaint on Dt.20/06/2008. The fact and circumstances reveal that the disruption of power supply was due to repair work of 11 K.V. line and the delay to attend to the house of the Complainant was also due to the same reason. The problem in the old meter is a technical one where in the Complainant has not been able to prove his case. In the event the contention of the Opposite Parties can not but be accepted. Since the old meter had been replaced by the Opposite Parties in the absence of the Complainant, the Complainant having a legitimate grievance as regards the same, the Opposite Parties are directed not to take any penal action in respect of the meter. The Opposite Parties' version about non-supply of power is plausible. There is no scope or reasonable/ acceptable evidence to attribute deficiency of service to the Opposite Parties towards the Complainant. However the Opposite Parties also from their side, should be understanding and sympathetic for the inconvenience, both physical and mental, caused to the Complainant and his family in the rising temperature when there was no power supply for hours together. We accept the plea of the Opposite Parties as bona fide and disallow the complaint. In the result complaint disallowed. No cost/compensation.
......................MISS BHAGYALAXMI DORA ......................SHRI BINOD KUMAR PATI ......................SHRI GOURI SHANKAR PRADHAN
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