Orissa

Baleshwar

CC/24/2017

Sri Dhaneswar Mahalik, aged about 67 years - Complainant(s)

Versus

The Junior Engineer, Gopalpur Electrical Division, Gopalpur - Opp.Party(s)

Sj. R.K Panda & Others

04 Sep 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BALASORE
AT- COLLECTORATE CAMPUS, P.O, DIST- BALASORE-756001
 
Complaint Case No. CC/24/2017
 
1. Sri Dhaneswar Mahalik, aged about 67 years
S/o. Late Ghanashyam Mahalik, At- Patripur, P.O- Aruhabad, P.S- Khantapada, Dist- Balasore.
Odisha
...........Complainant(s)
Versus
1. The Junior Engineer, Gopalpur Electrical Division, Gopalpur
At/P.O- Gopalpur, P.S- Khantapada, Dist- Balasore.
Odisha
2. The Sub-Divisional Officer, Bahanaga Electrical Division, Bahanaga
At/P.O- Bahanaga, Near Barikpur Hat, P.S- Khantapada, Dist- Balasore.
Odisha
3. The Executive Engineer, Electrical Division, Soro
At/P.O/P.S- Soro, Dist- Balasore.
Odisha
4. The Managing Director, NESCO, Electrical Division, Remuna
At/P.O/P.S- Remuna, 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. R.K Panda & Others, Advocate
For the Opp. Party:
Dated : 04 Sep 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 Junior Engineer, Gopalpur Electrical Division, Gopalpur, Balasore, O.P No.2 is the Sub-Divisional Officer, Bahanaga Electrical Division, Bahanaga, Balasore, O.P No.3 is the Executive Engineer, Electrical Division, Soro, Balasore and O.P No.4 is the Managing Director, NESCO, Electrical Division, Remuna, Balasore.

                    2. Factual matrix of the dispute is that the Complainant is a bonafide domestic Electric Consumer under O.P No.2 vide Consumer new A/c No.423212012835 and is paying his electric bills regularly. But, the O.Ps whimsically charged Rs.3,791/- (Rupees Three Thousand seven hundred ninety one) only against the Complainant on 17.02.2017 covering for the period of one month only. Thus, the Complainant has approached to the O.Ps and has lodged complain to exempt such illegal bill, but the O.Ps flatly denied to exempt such bill on 13.04.2017. So, the Complainant filed this case. Moreover, basing on such illegal bill, the O.Ps illegally disconnected power supply to the premises of the Complainant on 12.04.2017. The Complainant has prayed for exemption of illegal bills and compensation for mental agony and litigation cost along with not to disconnect the power supply to the Complainant.    

                     3. Though sufficient opportunities are given to the O.Ps, but neither they have appeared nor have filed their written version. So, the O.Ps are set ex-parte.

                    4. In order to substantiate his plea, the Complainant has filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that the O.Ps have submitted illegal bills of Rs.3,791/- (Rupees Three Thousand seven hundred ninety one) only against the Complainant on 17.02.2017 all of sudden and did not exempt the same in spite of several approaches of the Complainant by writing, for which he prayed for exemption of such illegal bill amount. Admittedly, the O.Ps are set ex-parte and the entire pleading of the Complainant remains un-challenged. But, on perusal of the case record, it came to our notice that the Complainant has stated that all of sudden the O.Ps charged Rs.3,791/- (Rupees Three Thousand seven hundred ninety one) only against the Complainant on 17.02.2017 covering for the period of one month only. The xerox copy of electric bills for the month of February, 2017 has been filed by the Complainant, which discloses that the Net amount is Rs.3,791/- (Rupees Three Thousand seven hundred ninety one) only, out of which arrear due was Rs.3,711.33 ps. (Rupees Three Thousand seven hundred eleven and thirty three paisa) only and in such bill, he has consumed 30 units. Another 6 numbers of xerox copy of electric bills are available in the case record, out of which 2 bills are not legible, for which these two bills are not considered. In the rest other 4 bills, the arrear amounts are Rs.3,631.33 ps., Rs.3,391.33 ps., Rs.3,311.33 ps. and Rs.3,231.33 ps. respectively. In each bill, consumption of energy was 30 units and no energy charges levied and a fix charge of Rs.80/- is charged in each bill. From such bills, it clearly found that there are arrears outstanding against the Complainant and Complainant has not clarified that how and why such arrears are lingering against him. Furthermore, though the Complainant has taken a plea that he was paying the regular monthly electric bills, but no such receipt in respect of it has been filed to show his payment.     

                    5. So, now on careful consideration of all the materials available in the case record, we found that without any document, it cannot be said that there is deficiency of service on the part of the O.Ps to the Complainant and in our considered view, the Complainant has not come to this Forum with clean hand and he has suppressed the material facts, for which he has not got any relief as prayed for and this Consumer case is liable to be dismissed. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is dismissed on ex-parte against the O.Ps, but in the peculiar circumstances without any cost.  

                         Pronounced in the open Forum on this day i.e. the 4th day of September, 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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