Assam

Dibrugarh

CC/3/2015

SRI RAMESH KUMAR DAS - Complainant(s)

Versus

THE MANAGER ASSAM POWER DISTRIBUTION COMPANY LIMITED. - Opp.Party(s)

SRI SIDESHWAR KANOO

05 Sep 2017

ORDER

The case of the complainant in brief is that the complainant is the consumer of the OP for subscribing electricity connection being Consumer No.208000003610. The complainant is very much regular in payment of electricity bill and paying the bills regularly of connection of power supply. On 10-01-15 complainant received a bill No.1120277 which was  due on 26-01-15, but, complainant being an employee of the Railway was busy in emergency duty for which  he paid the aforesaid bill on 30-01-15 at about 11:00 AM instead of 26-01-2015 in the office of the OP. But surprisingly, some of the official of the OP came at about 3:00PM on the same day and disconnected the power supply of his meter. Since the complainant was not present in his house, on the next date the complainant went to the office of the OP and earnestly requested them to reconnect the electricity but the employee of the OP did not pay any heed towards his request. As such, the complainant on 12-02-15 wrote a letter to the OP No.2 stating details and requested to reconnect the electric supply. Said letter was duly received by OP No.2 who forwarded the same to the dealing assistant for necessary action. But the dealing assistant finding the letter became furious and told that due to pending of the electric bill the power supply cannot be reconnected, whereas, there was no pending bill. Finding no other alternative the complainant on 17-02-15 issued a legal notice through his pleader  but the said letter returned unserved with remark ‘Refused’. Normally, OP cannot disconnect the electric supply, if payment is not made on date, simply they can surcharge an amount of Rs1.5% per month on part thereof, in case of payment after due date, but the OP cannot disconnect the power supply without giving any notice to the complainant. In spite of the above facts the OP issued another Bill No.1132415 dated 10-02-15 for an amount of Rs.1028/- which the complainant paid on 03-03-15. The complainant is very regular in payment of the bill and there was no arrear due for the payment of bill, in spite of that the OPs willingly and knowingly disconnected the power supply of the complainant causing physical harassment and mental agony. The OPs  wrongfully disconnected power supply to the complainant for which the OPs have committed deficiency in service and complainant is entitled to get compensation for above wrongful disconnection of power. For the above act of the OPs  the complainant and his family suffered a lot of trouble due to wrongful disconnection of power supply causing mental agony and physical harassment. The above act of the OP was out and out deficiency in service for which complainant suffered loss and injury and is entitled to compensation. Hence, the complainant filed this case claiming Rs.50,000/- for wrongful disconnection of power supply, Rs.20,000/- for physical harassment and mental agony along with cost of Rs.1000/-.

           After registering the case notices were issued to  the OPs to which they contested the case by filing  written statement stating inter-alia that the case is not maintainable in law as well as in fact. The OPs stated that the power supply of the complainant’s premises was never disconnected and there was no any outstanding dues in respect of the complainant’s  power supply. The power supply of the complainant’s premises was automatically discontinued due to accumulation of carbon in the jumper of the line at the pole.  As soon as the OP received the order date 11-03-15 of the Forum, immediately attended the premises of the complainant and cleared the jumper accumulated carbon in the pole and thereafter the power supply to the complainant was resumed. There was no any necessity or occasion arisen to OP to disconnect the power line of the complainant. Further, it is stated that from the list prepared by the OP for disconnection of power in the month of January, 2015 the name of the complainant has not been seen. As such, the question of disconnection is absolutely false, baseless and vexatious. So far legal notice is concerned, no any notice was received by the OP to refuse the same. It is stated that complainant’s claim is absolutely false, fabricated and concocted. The power line of the complainant was disrupted only due to accumulation of carbon in the jumper at the pole and as soon as the carbon was removed power supply was restored. This being the position there is no any deficiency on the part of OPs and the OPs are not entitled to pay any compensation and prayed to dismiss the case.

 

In this case complainant gave evidence by swearing affidavit and exhibited as many as 10 (ten) documents in support of his case. Complainant also examined another witness as PW-2 in support of his case. On the other hand, the OPs have examined one Smti. Soma Baidya, Manager, Dibrugarh Electrical Sub Division-II and exhibited as many as 2 (two) documents to rebut the case of the complainant.

Both the parties have submitted their written argument.

 

  DISCUSSION, DECISION AND REASONS THEREOF :

Upon going  through the evidence, documents and the argument advanced by both the parties it is  found that the complainant is a bonafide consumer of power supply of the OP being Consumer No.208000003610. The complainant is a person who is a sincere and honest person and was paying the electricity bill of the OPs regularly without default. The complainant received a bill No.1120277 dated 10-01-15 for the period from 02-12-14 to 02-01-15. The due date of the bill was 26-01-15 whereas, the complainant being busy for few days in his official work he could not deposit the amount of the bill on 26-01-15 hence deposited on 30-01-15 at about 11 AM at the office of the OP. But surprisingly, at about 3PM on the same day some of the officials of the OPs disconnected the supply of power from the pole at the house of the complainant. Ext-1 and 2 are bills and the payment receipt. At the relevant time the complainant was not present at his house being an employee of the Railway. However, the official of the OP who went to disconnect the power supply was prevented by PW-2 Sri Apu Das who is a tenant of the complainant and also informed them that the complainant paid the dues on that day morning but the official of OP did not listen to him. The complainant on the next date i.e. on 31-01-15 went to the office of the OP and requested them to reconnect the power supply showing the Ext.1 and 2 but the OP did not pay any heed towards his request. On 12-02-15 complainant again wrote a letter to OP No.2 with a request to reconnect the power supply. Said letter i.e. Ext-3 was duly received by the OP whereas, OP did not take any action to reconnect the power supply of the complainant. Thereafter, the complainant finding no other alternative issued a legal notice through his advocate on 17-02-15 by a registered A/D addressing  to OP No.1 and 2 which they refused to accept. Ext-4 is the legal notice, Ext. 5 and 6  are postal receipt, Ext7 and 8 are the returned registered letter with remark ‘Refused’. The OPs wilfully and knowingly did not reconnect the power supply which caused most inconvenience to the complainant and the tenant of the complainant.

The OPs while arguing the case took the plea that they never disconnected the power supply to the premises of the complainant. According to them disconnection of power supply in the house of the complainant was due to accumulation of carbon in the jumper of the line at the pole. So far the disconnection is  concerned, the OP exhibited a document i.e. Ext-‘A’ from where it appears that the list prepared for disconnection of line in the month of January, 2015, the name of the complainant was not there in the list and as such question of disconnection of power supply from the house of the complainant does not arise and the allegation made by the complainant is absolutely false, baseless and vexatious.  Further, it is submitted that the Bill No.1132415 dated 11-02-15 was a genuine bill submitted by the complainant which relates to the period from 02-01-15 to 02-02-15 and the complainant rightly deposited the amount of Rs.1028/- against the  said bill. So there is no dispute regarding the payment of the above bill i.e. Ext- 9 and 10. Accordingly, as per submission of the OP there is no negligence  and deficiency in service on the part of the OP.

The fact  from whatsoever have been noticed till this point the scenario that emerged to this Forum is that the complainant is a bonafide consumer and was regularly paying his electricity supply bills and the question of disconnecting the power supply cannot be arise.  Besides, OPs admitted regarding the payment of the aforesaid bill No.1120277 dated 10-01-15. Further, there is no dispute regarding payment of the next bill No.1132415 dated 10-02-15 for the period from 02-01-15 to 02-02-15 which was paid on 03-03-15 by the complainant.

Now, basic point of the issue to be considered is whether the electric power supply in the house of the complainant as alleged by the OP was automatically discontinued due to accumulation of carbon in the jumper of the line at the pole is a basis matter to be considered.

From perusal of the evidence of the OP as well as their written argument it appears clear that upon receipt of the order dated 11-03-15 passed by this Forum the official of the OP immediately attend the complainant’s premises  and while checking the power line it appears to them that the power supply was automatically disconnected due to accumulation of carbon in the jumper of the line at the pole, and as soon as the carbons were cleared from the jumper  the electricity supply resumed automatically. Now the question is how far these submissions are admissible. In support of the above contention OPs submitted Ext-A, a list of some persons to be disconnected power supply, on 30-01-15 where the name of complainant does not appear. So far this document is concerned, whether it was prepared at the relevant time of disconnection i.e. on 30-01-15 on the date on which the electric connection on the house of the complainant was disconnected is doubtful because such type of document may be prepared subsequently to produce before the court, because it is their documents which may be prepared at any time. There is no evidence to prove that the said documents was prepared at the relevant time to disconnect the power supply of the house mentioned in the list on 30-01-15. If there is no name of the house of the complainant in the said list why the OP on 31-01-15 when the complaint lodged a complaint did not attend to reconnect the power supply in the house of the complainant. The supply of power to the consumer comes under Essential Service Maintenance Act and as such, it was an abundant duty on the part of the OP to attend the complainant made by the consumer. Had the power supply automatically been disconnected due to accumulation of carbon at the pole then why the OP did not attend the complaint made by the complainant on the next day and why the OPs let suffers the complaint from 30-01-15 to 11-03-15.  In the instant case the complainant on 31-01-15 reported the matter to the OP but the OP did not give any heed towards his request. The complainant again on 12-02-15 wrote letter to the OP No.2 giving full details of the disconnection of power with a request to reconnect the same. The letter was duly received by the dealing assistant of the OP i.e. Ext-3 with the receipt signature. Whereas, the OP did not take any action to reconnect the power supply in the house of the complainant.  Thus, it appears that OP wilfully and knowingly are not reconnecting the power supply in the house of the complainant. Not only that  the complainant issued legal notice through his pleader on 17-02-15 by Registered A/D addressing to OP No.1 and 2 vide Ext.4 to 8. But the registered letter returned back with remark ‘Refused’ which imply that the OP wilfully and knowingly refused to accept the same. Had the OP did not disconnect the power supply to the house of the complainant wilfully and knowingly they could have attended the complaint of the complainant and should have not played the hide and seek, which clearly proved wilful negligence on the part of OP.

The complainant paid the bill on 30-01-15 at 11AM whereas, on the same day at about 3PM the official of the OP went to the house of the complainant and disconnected the power supply from the pole even though PW-2 informed the official with a request not to disconnect the power supply  stating the bill has already been paid on that day yet the officials did not listen to him and disconnected the power supply.

The power supply in the house of the complainant was not automatically disconnected due to accumulation of carbon in the jumper of the line and the pole as stated by OP for their defence. The complainant visited several times to the office of the OP with request to reconnect his line. The complainant also served a letter Ext-3 which was duly received by the OP  with signature but they deliberately and willingly did not take any step. The complainant even issued legal notice with request to reconnect his power supply but even then the complainant did not take any step rather the OP refused to receive the notice issued by the complainant. The complainant even then paid the bill for the period 02-01-15 to 02-02-15 on 03-03-15 but in spite of that his power supply was not resumed. Apart from these there is a provision to issue bill cum notice u/s 56 (1) of Electricity Act 2003 for disconnection of power after expiry of fifteen days from the date of service of the bill if payment is not made. But in this case no such notice was issued which is amount to negligence on the part of the OP.

The complainant is no doubt a bonafide consumer and he was paying the bills of power consumption regularly, and there was no any arrear in respect of the bills, which is also admitted by the OPs. As such, the OPs have no right to disconnect the power supply which was disconnected arbitrarily without giving any opportunity to be heard for which the complainant and his tenants suffered a lot both physically and mentally. The power supply in the house of the complainant was disconnected on 30-01-15 whereas, till repeated request by the complainant the power supply was not resumed. As soon as the order dated 11-03-15 was passed by this Forum the OP hurriedly reconnected the power supply of the complainant on 11-03-15 in spite of regular visit by the complainant. Till the order was passed on 11-03-15 the OPs were quite deaf and wilfully and deliberately harassed the complainant by discontinuing his power supply. As such, the OPs are fully responsible for disconnecting the electric power supply of the complainant without just and reasonable cause. Accordingly, it appears clear that disconnection of power supply in the house of the complainant was not automatically due to accumulation of carbon in the jumper of the line and the pole as plea taken by the OPs. The petitioner has right to claim electricity under the Essential Service and Maintenance Act, so long he remained in the possession of the property and in modern days no one  can survive without electricity, therefore, the right to electricity is a right to life and liberty in terms  of Article 21  of Constitution of India. This Forum therefore makes it clear that the OPs and his official are duty bound to maintain trouble free service of power supply system installed at the premises of the complainant which they have failed to do so in a very negligent manner causing the great deal of inconvenience, physical harassment and mental agony to the complainant and his tenant.

In view of the above, this Forum is of the opinion that the electricity supply is allowed to be continued in the premises of the complainant and the complainant  directed to pay the bill regularly. Further, this Forum doth order OPs to pay compensation of Rs.17,000/- to the complainant for giving such mental and physical harassment for keeping the complainant in dark without supplying the power from 30-01-15 to 11-03-15. The OPs are further directed to pay Rs.1000/- as cost of filing the instant case. All the above order shall be complied within one month from the date of this judgment.     

Furnish copy of this judgment to OPs for compliance.