IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,PURI
CONSUMER COMPLAINT NO. 51/2019
Present: Sri D. Moharana, President Incharge
Miss S.K.Rath, Member(W)
Naba Kishsore Pani S/o. Late Pitambar Pani,
At-Pokharia Sahi, Near Market Chhak, Puri,
Po/Dist. Puri ...Complainant
Vrs.
1- The Executive Engineer, (CESU),
P.E.D,Puri.Red Cross Road,PS- Kumbharpada,Puri.
2-The Sub- Divisional Officer, CESU,
At- P.E.D No.1, Puri, Red Cross Road, PO/Dist-Puri
3-The Junior Engineer(Electrical),FEDCO,
North Gate, Banua Gali, Near Jagannath Temple,,Puri
4- The Divisional Manager, Behind Gundicha Temple,
PS-Kumbharpada, Dist-Puri.
For the Complainant-Sri Sangram Singh, Advocate & Associates.
For the Opp.parties No. 1& 2- Self
For the Opp.parties- 3 & 4- Sri P.K.Rath, Advocate
DATE OF FILING- 2.3.2019
DATE OF DISPOSAL- 20.1.2020
O R D E R
Miss. S.K.Rath, Member(W)
The gist of the case of the complainant is that the complainant is a bona-fide consumer of electricity to his house premises bearing Consumer No.120400023217 under the Opposite Parties on the basis of 1 K.W load and has been paying the consumption charges as per actual meter reading basis. But the Opposite parties suddenly raised bill on average basis on the basis of 2 K.W load. On being protested, the O.Ps again raised bill on 1.5 K.W load and changed the average bill to Rs.928.99 per month. In fact, the complainant is having a small family and the electricity uses are very low for which such an amount on average basis made him harassment. So, he requested the O.P for installation of a new meter and as per direction of O.Ps he deposited Rs.1500/- on 5.2.2018 for installation of new meter, but despite several request the O.Ps did not installed the meter. When the matter stands so, the O.Ps vide their notice dated 15.2.2019 demanded Rs.38,667/- towards arrears outstanding as on January,2019 and threatened to pay the same within 15 days, else the line will be disconnected. Hence, this case for installation of a new meter and revision of bills within compensation for mental agony and harassment caused to him due to unfair trade practice and deficiency in service caused by the O.Ps.
2- The Opposite Parties No. 1 & 2 are represented through one Sri Ramakanta Khatua, Dy Manager(Electrical) and the Opposite Parties No.3 and 4 are represented through their learned counsel Sri P. K. Rath, Advocate. Despite several adjournments taken, none of the Opposite Parties filed their written version to contest the case for hearing. Hence, the Opposite Parties were set ex-parte vide order dated 8.11.2019.
3- On the date of hearing, the learned counsel for the complainant is present and filed the documents as relied on and submitted his case. Heard the learned counsel appearing for the complainant and perused the documents filed on record. On perusal of documents, we are clear that the complainant is a consumer under the O.Ps for consumption of electricity to his residence premises and was paying the consumption charges on actual basis at the rate of I k.w load basis. However, when the O.Ps raised bill on average basis taking into account 2 K.W load factor, he raised objection to it and, by the way, the Opposite Parties subsequently, raised the bill on 1.5 K.W load factor and demanded Rs.928.99 per month. The complainant alleges that the bill on 1.5 k.w basis is also much excessive as his uses are very low in comparison to the bill raised by O.Ps. He has alleged to have requested several times for replacement of a new meter and , in this respect, he has also deposited Rs.1500/- on 5.2.2018, but the O.Ps did not bother to replace the defective meter. When the matter stands so, the O.Ps served a demand notice on 15..2.2019 demanding Rs.38,667/- towards outstanding arrears for which the complainant filed this case for proper redressal.
4- During the pendency of the case, the Opposite Parties disconnected the power supply to the premises of the complainant on 5.3.2019. However, by an order of the Forum for restoration of power supply, the Opposite Parties restored it . While going through the documents filed by the complainant, we find that during the pendency of the case, the Opposite Parties installed a new meter in the premises of the complainant on 7.3.2019 and the complainant has been paying the consumption charges on actual basis. By replacing the meter , the Opposite Parties partly redressed the grievances of the complainant. Therefore, in respect of other reliefs as claimed by the complainant, we are in the opinion that the Opposite Parties are liable to revise the arrears bill as raised against the complainant vide their notice dated 15.2.2019 of Rs.38,667/- on the basis of taking into account 3 months average of consumption charges after installation of new meter to the premises of the complainant. Hence, it is ordered that:-
O R D E R
Thus, we allow the case of the complainant on ex-parte against the Opposite Parties. The Opposite Parties are directed to revise the arrears from the date of enhancement of monthly average bill of Rs.928.99 of the complainant on the basis of taking into account 3 months average consumption of electricity from the date of installation of new meter which has already been installed earlier in the premises of the complainant and raise revised bill after adjustment of all payments made by the complainant during these period within 30 days from the date of receipt of this order. In the peculiar circumstances of the case, we do not pass any order towards compensation. However, a sum of Rs.2,000/- is awarded towards litigation cost to be paid by the O.Ps within 30 days from the date of receipt of this order.
Dictated and corrected by me on this 20th day of January, 2020.
I AGREE
Sd/-D.Moharana Sd/-S.K.Rath
PRESIDENT I/C MEMBER(W)
