DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 13th day of February, 2019
C.D Case No. 105 of 2016
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Nityananda Palai
S/o Late Purusottam Palai
At: Baranga,
Po: Atto,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Junior Engineer NESCO
Section- III, Power House Campus
2. The S.D.O NESCO (North)
3. The Executive Engineer NESCO (North)
All are At: Power House, Salandi By-pass
Ps: Bhdarak (T),
Po /Dist: Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: Sri Biswaranjan Das & Others
Advocate For the O.Ps: Sri Prasanta Kumar Nayak & Others
Date of hearing: 14.05.2018
Date of order: 13.02.2019
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the O.Ps having aggrieved with their deficiency in service caused towards him, that the complainant is a consumer of O.Ps vide his consumer No- 42141306025, old A/c No- BZ-61179. All on a sudden the complainant receipt a bill of Rs 4,440/- in the month of May, 2015, he also received a bill amounting to Rs 10,092/- in the month of June, 2015, further he received a bill amounting to Rs 10,000/- in the month of July, 2015 as well as he received another bill which is amount to Rs 58,046/- in the month of August, 2016. All the amounts were calculated and claimed for the bill of aforesaid months on behalf of the O.Ps. The complainant objected against the wrong calculation of the O.Ps. The O.Ps also directed there staff to take the photograph from the supplied meter. There order was carried out very soon. When the meter was scrutinized it was found that the meter was a defective one. The O.Ps installed a new meter instead of the old one. After the installation of new meter the previous calculation of units was very rapid and higher calculation of units to prepare wrong calculation of bills which was amount to Rs 58,056/-. The complainant has alleged against this wrong calculation by representation to the O.Ps. The complainant requested the O.Ps for several times to correct and revise the electricity bills, but the O.Ps neither care for that nor heedful for the same. So obviously the O.Ps have caused deficiency of service to the complainant. The complainant also sustained mental and physical agony.
That the cause of action of this case arose on 26.07.2016 when the complainant requested the O.Ps for the last time by written application by Regd. Post and on dt. 04.08.2016 when the O.Ps duly received the same and remain silent without correction of the wrong bill amount.
Hence the complainant has sought for the following reliefs:-
1. The O.Ps be directed to correct and withdraw the illegal and excess bill amount of Rs 58,046/- and after correction issue the right consumption bill.
2. The O.Ps be directed to pay a sum of Rs 50,000/- for their deficiency in service to the complainant.
3. The O.Ps be further directed to pay a sum of Rs 10,000/- towards legal cost.
4. Other reliefs what the complainant is entitled to?
List of documents relied upon the complainant:-
1. The money receipt issued by the O.Ps- 33 sheets.
2. Xerox copy of electric bills- 3 sheets.
3. The Xerox copy of written representation- 1 sheet.
4. Xerox copy voter identity card- 1 sheet.
5. Xerox copy postal AD- 4 sheets.
On the other hand the O.Ps have also filed their written version analogously that the complaint is not maintainable. The O.Ps have challenged the limitation. They have also stated that the complainant is very much irregular in payment of electric bill. He has filed this complaint U/s 42 (5) of the Act, a special Forum has been established, that is G.R.F for electric dispute as alternative remedy is available. The O.Ps have denied all the allegations made against them by the complainant. The electricity bill of the complainant has already been revised of the bill, but the complainant did not take any step for which same was not reflected in the bill. Due to such non action of the letter vide No- 220 on dt. 13.04.2017 was issued for payment of arrear electricity bill remaining after revision. The complainant bill is already revised according to the O.E.R.C guideline. At last the O.Ps have sought for the dismissal of this complaint.
Documents filed by the O.Ps:-
1. Letter issued by S.D.O Electrical vide No- 220 (4) on 13.04.2017 regarding the revision of the bill- 1 sheet.
2. The copy of the revision of bill vide amount Rs 58,076/- 1 sheet.
OBSERVATION
The complainant has filed this complaint against the O.Ps for correction of bill amounting to Rs 58,046/-. The complainant has failed to substantiate his averments made in the Para No- 5 of the complaint. There is no such bill filed on behalf of the complainant amounting to Rs 10,092/- and in the next month also the bill has been prepared amounting to Rs 10,000/- and for the month of August, 2016 Rs 58,046/-. The complainant have filed 3 sheets of the electricity bills which shows Rs 56,920.29p/-, Rs 57,538/- and Rs 58,053/-. The complainant has obtained a number of money receipts from the year of 2005 till the year 2016. We have found that there is no semblance between the documents and amount of electricity units used by the complainant. But it is true that the complainant has filed a number of money receipts from the year 2001 to 2016 that bill were prepared the amount Rs 150/-, 200/-, 98/- and 96/- etc. It is also the matter of astonishment that how the bill for the month of September, 2016 prepared Rs 57,819/- and 54,494/- for the month of July, 2015. The O.Ps have not made it clear that they have not caused deficiency of service towards the O.Ps. It is primafacie that the arrears of electricity bill have been suddenly arose. In spite of representation filed by the complainant the O.Ps could not be turn up and did not come forward to revise or to correct this bill. It is first and for most duty of the O.Ps look into the interest of the complainant.
If the O.Ps could have paid attention to the complainant grievance then such problems could have not been arising. The O.Ps should have proceeded towards for correction of the electricity bills. The O.Ps were sitting idly after receiving the complaint from the complainant the O.Ps have not filed any believable documents. It is clear case of deficiency of service caused by the O.Ps towards the complainant. The O.Ps should revise the bills from the month of May, 2015 till the month of August, 2016. As well as the O.Ps should make correction of the bills for the month of May, 2015 to the month of July, 2016. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on part against the O.Ps. The O.Ps are here by directed to correct the illegal excess amount of Rs 58,846/- . After making correction of the bills fresh bill should be prepared and issue the same to the complainant.
This order is pronounced in the open Forum on this day of 13th February, 2019 under my hand and seal of the Forum.
