Orissa

Debagarh

CC/17/2016

Hrudayanath Dalabehera, aged about 61 years, S/o-Late Balaram Dalabehera - Complainant(s)

Versus

The J.E. Electrical Section Barkote - Opp.Party(s)

10 May 2017

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,DEOGARH.

C.C.NO. 17/2016.

            Present: Sri Dipak Kumar Mahapatra, President, Sri Pratap Chandra Mahapatra, Member and Smt. Jayanti Pradhan, Member (W).

Hrudaynath Dalbehera, aged about 61 Yrs,

S/O-Late Balaram Dalbehera,

R/O.-At/P.O-Kalla, P.s-Barkote,

Dist/-Deogarh.                                                                                  ….         Complainant.

                Versus

1. The J.E. Electrical,Barkote,

        At/P.O/P.s-Barkote,Dist-Deogarh.            

     2. The S.D.O Electrical,

         At/PO/Dist-Deogarh.

     3. The Executive Engineer, Electrical

        At-P.O/P.s/Dist-Deogarh.                                                               .… Opposite Party

 

For the Complainant : Nemo.

            For the Opp.Parties  : Sri R.K.Pradhan, Advocate.

 

Date of Hearing: 04.05.2017, Date of Order: 10.05.2017

SRI DIPAK KUMAR MAHAPATRA, PRESIDENT:-The facts of the case in the nutshell are as under:-

The complainant is the permanent resident of village Kalla under Barkote P.S of  Deogarh District. He is a Consumer of electricity vide Consumer I.D No-4141011030197.That the Opposite Parties are the official of Electric Division (WESCO) in the district of Deogarh. The complainant is availing Electric Supply from the O.Ps and the O.Ps has provided a Meter Box to the Complainant. On dtd. 21.05.2016 the complainant received an electric bill from the O.Ps amounting to Rs.11,931.00/-as an arrear bill for the period of Nov-2015 to April-2016,he stated that the O,Ps has made haphazard calculation of the arrear amount and the bill is defective and he reported the matter to the O.Ps but in vein. Due to this, the complainant and his family members sustained financial loss and mental pain and agony for the deficiency in service by the O.Ps and he seek reliefs  from the Forum as stated in the petition

That the Learned Advocate for the O.Ps filled objection against the claim by the complainant. He stated that the complainant has falsely instituted a case against the O.Ps which is false, fabricated and baseless. Again he stated that the Complainant is permitted to a load capacity of 1 K.W under Domestic Category and he does not pays the electric bill regularly and never he has reported about the Provisional Billing. After receiving notice from this Forum the O.Ps has inquired about the matter and found that there is no defective billing up to April-2015 rather these are actual billing and the bills for the period of May-2015 to December 2015 were provisionally billed against the consumption of the Complainant and were adjusted with actual billing. He also added that now the complainant has to pay an outstanding amount of Rs.14,495.07/- till October-2016 and prayed that the petition should be dismissed being devoid of any merit with Cost to the O.Ps.

Heard both sides.

Points of determination are-

1. Whether the O.Ps has made any deficiency in service to the Complaint?
2. Whether the Complainant is entitled to get any relief?

From the above it can be seen that, the complainant is a consumer of electricity who was paying monthly electric bill regularly. He has cleared the arrear bill amounting to Rs.3,300/-in two phases i.e. on dtd. 21.11.2015 of Rs.500/-vide M.R No-A6 8651454 and on dtd.24.11.2015 of Rs.2,800/- vide M.R No-A6 8696040 which was lying outstanding on him. But when the Complainant received an arrear bill of Rs.11,931/- up to March-April-2016,being aggrieved upon it, he first stopped payment of monthly electric bill and reacted on the matter and several times he had been to the O.Ps for correction and recalculation of the Electric Bill which he claims to be defective. Again in the hearing of the case the complainant has admitted that he had not made any payment after dt.24.11.2015. But it is seen that the electric bills for the month from july-2015 to October-015 were calculated on Provisional basis against the Actual Bill for the month of Nov-2015 to dec-2015 which shows an highly increase in the bi-monthly consumption of 130 units (65 units per month)which is calculated at a higher slab. If the same is calculated for the months for which provisional calculation has been made then the actual bill will be much more than the amount which the Complainant is paying to the O.Ps in provisional assessment. Again the bi-monthly bill for the Period of March-April 2016 is 430 units (215 units /month) and the billed amount is Rs.1772.64/-. From the above interference can be drawn that the average monthly consumption of the Complainant is 100 units per month and if calculated at Rs.2.50/-(slab rate) the monthly metered electric bill will amounts to Rs.250/-per month excluding surcharges. So including surcharges the monthly bill will amounts to Rs.300/-approximately. As the Complainant has not paid from Nov-2015 to October-2016(12 months) then as per above calculation the amount outstanding on the Complainant should be at Rs.3,600/-.Again the differential arrear amount i.e. arrear as on Oct-2016 and arrear as on April-2015(6 months) is Rs. 2564.07/-(14,495.07-11,931.00) which shows a monthly average arrear of Rs.430/-approx. If the calculation will be made on the closing monthly arrear of Rs.430/-per month, then for the 12 unpaid month (Nov-2015 to October-2016),the arrear should be of Rs.5160.00/-as the Complaint has cleared all the arrear up to October-2015.

From all the above discussion, after going through the materials on record, the interference comes out that, the Complainant is a bonafide consumer of Electricity and has been unnecessarily harassed by the O.Ps by supplying wrong and defective electric bill showing a huge amount of arrear which shows the negligence on the part of the O.Ps. The O.Ps have committed deficiency in service U/S-2(1)(g) to the complainant as he has sustained both mental pain and agony by the O.Ps and could have provided a fresh and correct bill to the complainant. That, the O.Ps did not bother to serve him, rather harassed him. So it is the duty of the O.Ps to provide a bill free of error and omission against the defective and wrong bill.

ORDER

            The complaint petition is allowed .The O.Ps are directed to recalculate and provide a correct electric bill to the Complainant in place of the defective bill. No compensation is awarded except the cost of litigation. The Opp.Parties are jointly and severally directed to pay the compensation of Rs.1, 500/-(Rupees one thousand and five hundred) towards the cost of litigation, for the deficiency of Service caused by them. The O.Ps are directed to pay the aforesaid amount within 30 days of receiving this order failing which the Opp.Parties  shall have to pay in addition an interest @9% per annum till the actual payment in course of law.

Office is directed to supply the free copies of the order to the parties free of costs receiving acknowledgement of the delivery thereof.

Order is pronounced in the open court today i.e. on 10^th May,2017 under my hand and seal of this forum.

I      agree,                                        I     agree,

           

          MEMBER,(W).                                               MEMBER.                                PRESIDENT.

Dictated and Corrected

by me.

 

      PRESIDENT.