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

Complaint Case No-  05 /2019

Present-       Sri  Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan,

Member (W) and  Smt. Arati Das, Member.

Sri Budhadeb Pradhan, aged 47 years,

S/O- Lambodhar Pradhan,

At-Mahasindhu, Post-Rengalbeda,

P.S-Kundheigola,Dist-Deogarh.                                                    …..      Complainant.

Versus

1. The Junior Engineer,

          WESCO,Rengalbeda Section,

         Post-Rengalbeda,P.s-Reamal,

         Dist-Deogarh.        

     2.   The SDO,WESCO, 

          At/P.O/ P.S/Dist-Deogarh.                                                …..     Opposite Parties.

            For the Complainant        : -        Nemo

            For the Opp. Parties-       :-         None.

DATE OF HEARING: 29.05.2019, DATE OF ORDER: 31.05.2019.

Smt. Jayanti Pradhan,Member(W)-Brief facts of the case is that Complainant is a consumer of electricity paying electric dues every month and there is no arrear outstanding in his name. When the transformer of his village was burnt completely, the villagers applied to the O.Ps to replace the burnt transformer in place of a new one. The OPs has replaced the transformer but they demanded money/contribution illegally from each electric consumer. As the Complainant did not agree to pay Rs.700/- the O.Ps disconnected the power supply to his house. As it is the duty of the Licensee to change the transformer free of cost as it a distribution transformer ,the Complainant has requested the concerned officer to reconnect the power supply but no result achieved and till today the Complainant and his family members are in darkness in spite of payment of electric bill regularly. Again neither there is any arrear dues in the name of the Complainant nor has he served any prior notice by the O.P regarding disconnection. After filling of the Complaint petition, an Interim Order was pass by this Forum on dtd.15.02.2019 directing the O.Ps to restoration of power supply to the premises of the Complainant but the O.Ps ignored the said order intentionally. Again the O.Ps on dtd. 28.03.2019 has issued a bill for the month of February-2019 amounting to Rs. 1,244/- (arrear Rs. 1,036/-) though the power supply has been disconnected since February-2018.Hence he has prayed to the Forum for certain reliefs against the deficiency in service committed by the O.Ps.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.1986?
2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?

            From the above discussion and materials available on records we inferred that here exists a Consumer Complaint as the complainant is a consumer of electricity since long. When the distribution transformer of his village is burnt it is the duty of the O.Ps to replace a new transformer of its own cost and should not demand any charges from the consumers as per the guidelines of the Electricity Act-2003. The Complaint handling procedure relating to the distribution activities by the licensee in pursuance of the condition in 19(b)of the licensee condition issued to deemed licensee vide commission’s order dtd.27.06.2006 in case no-21 of 2006 approved by Orissa Electricity Regulatory commission  vide its letter no-OERC/Engg./25/2006/2239 dtd. 13.12.2007, where it has been directed that any interruption in supply of electricity in case of failure of transformer in rural area the licensee should replace the same within 48 hours failing which the licensee (the SDO/Executive Engineer) will have to pay Rs.200/- to each effected consumers and the licensee shall adjust the amount in the energy bill of the consumer. Though the O.Ps has received the Complaint on dtd. 24.09.2018 and a reminder on dtd.04.10.2018 they did not take any steps to solve the problem. Secondly, as per Sec-56 of Electricity Act-2003, where a consumer fails to pay any consumption charge for electricity or any other sum due payable by him to the Licensee within a due date mentioned in the bill, the Licensees after giving not less than 15 clear days notice (after expiry of the due date) in writing may cut off the supply of electricity to the electric consumer in case of default. It is not ascertained the reason for which the O.Ps has disconnected the power supply. This matter has been well settled in the case of “Hukum Singh Vrs. Haryana State Electric Board” decided by “Punjab and Haryana High Court” on dtd. 29.07.1994. Thirdly, the O.Ps has served a bill for the month for Rs.1,244/-(arrear Rs.1,036/-) though they have disconnected the power supply to his premises in the month of August reveals the negligence in part of the O.Ps. Hence the Opposite parties have committed “Deficiency in Service” under section -2(1)(g) of “Consumer Protection Act-1986”.

ORDER

The Complaint petition is allowed. The O.Ps are directed to restore the power supply to the house of the Complainant within 3 (three) days of receiving the order. The O.Ps are further directed to pay Rs. 10,000/-(Rupees Ten Thousand) as compensation towards mental agony and pain and Rs.2,000/- (Rupees Two Thousand) towards the cost of litigation within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.   

            Order pronounced in the open court today i.e, 31^st day of May-2019 under my hand and seal of this Forum.

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

   I agree,                                             I  agree,                                           

MEMBER.                                        PRESIDENT.                                     MEMBER.(W)

                                                  Dictated and Corrected

                                                                By me.

                                                         MEMBER.(W)