Presented by Sri G.S.Pradhan, President .<br /> The case pertains to deficiency in service as envisaged under the provision of Consumer Protection Act- 1986.<br /> <br /> In brief the case is that, Complainant is a consumer of WESCO, the Opposite Parties bearing consumer No. 415202070208 and had some arrear rent in respect of his meter. The Complainant requested the Opposite Party No.4(four) to wait and accommodate for a day or two for payment of the arrear bill but the Opposite Party No.4(four) became adamant and did not listen to the request and disconnected the line on Dt.07/11/2006. However, the Complainant paid the arrear bill including the reconnection charges of Rs.3,850/-(Rupees three thousand eight hundred fifty)only vide money receipt No.12 1147015 Dt.08/11/2006. The Complainant contends that, though the arrear bill including the reconnection charges was paid and inspite of approach made, the Opposite Party No.4(four) avoided with some pretext and after at about a month on Dt.07/12/2006 the Opposite Parties reconnected the line to the house of the Complainant. The Complainant alleges that, the family members were remain in darkness for his no fault, for the deficiency in service of the Opposite Parties.<br /> <br /> The Complainant further alleges that, on Dt.21/12/2006, the Opposite Party No.5(five) along with other line man forcibly entered into the house of the Complainant without any notice and information, unsealed the meter and open the meter inspite of protest by the female members present in the house and they left the place with out sealing the meter. On dt.25/12/2006 Pradip Mahapatra, nephew of the Petitioner requested Opposite Party No.5(five) to seal the meter opened by him or at least give in writing that the seal is opened by the Opposite Parties. The Opposite Party No.5(five) refused to do so and abused him in fitly language and assaulted him and threatened to kill him. F.I.R. was lodged against the Opposite Party No.5(five) in Melchhamunda, Police Station bearing P.S. Case No.25/25.12.2006 under section 341, 294, 506/34 I.P.C. Knowing institution of this case the Opposite Party No.4(four) and No.5(five) to pressurise and harass the Complainant was served with a notice on Dt.22/01/2007 assessing penalty of Rs.4,302/-(Rupees four thousand three hundred two)only illegally without any basis.<br /> <br /> Alleging deficiency in service for non supply of electric line for about a month after payment of arrear bill with reconnection charge to the house of the Complainant, the Complainant claims Rs.20,000/-(Rupees twenty thousand)only compensation for damage, Rs.20,000/-(Rupees twenty thousand)only compensation for mental agony and harassment besides Rs.5,000/-(Rupees five thousand)only for litigation cost.<br /> <br /> On being noticed the Opposite Parties appeared and filed their version jointly through their Advocate. In its version the Opposite Parties denied the allegations in toto. So also denied to have cause any deficiency in service to the Complainant.<br /> <br /> Perused the Complainant's petition, Opposite Parties's version as well as copies of documents filed in respective of their case.<br /> <br /> The Complainant alleges that, the Opposite Party No.4(four) on Dt.07/11/2006 disconnected the service electric line for non-payment of arrear bill of Rs.3,810.60/-(Rupees three thousand eight hundred ten and sixty paise)only and on Dt.08/11/2006 the complainant paid the arrear bill including the reconnection charge of Rs.3,850/-(Rupees three thousand eight hundred fifty)only vide money receipt No.12 1147015 Dt.08/11/2006. Inspite of approach made by the Complainant reconnect the line immediately after payment the Opposite Parties reconnect the line after one month of payment i.e. On Dt.07/12/2006. To prove his case the Complainant has filed the copies of bill dt.07/11/2006, copy of money receipt No.12 1147015 Dt.08/11/2006 and M.R. No.12 1091076 Dt.19/11/2006, copy of reconnection Order Dt.07/12/2006 of section office Gaisilate and copy of letter Dt.06/020/2007 to S.D.O., WESCO, Padampur.<br /> <br /> In revels from the pleadings of the parties that some arrear bill was not paid by the Complainant and the line was disconnected. The money receipt No.12 1147015 Dt.08/11/2006 reveals that, the Complainant has paid the arrear bill of Rs.3,850/-(Rupees three thousand eight hundred fifty)only including the reconnection charges. To prove his case the Complainant has also filed the reconnection order of section office Gaisilate, wherein line man was directed to reconnect the P/S to Monoranjan Debta on Dt.07/12/2006 and the service line was reconnected on dt.07/12/2006 after lapse of one month from the date of payment of arrear bill including the reconnection charge.<br /> <br /> In para 8(eight) of the version the Opposite Parties states that, on Dt.04/12/2006 the Officers of company while checking, found that, the mater was bypassed by cutting the service line before meter and connecting a load around 2(two) K.W.. An inventory report was prepared and served on the Complainant which refused to sign by him. There after the line of the Complainant was disconnected was on Dt.04/12/2006. on Dt.08/12/2006 the Complainant paid the arrear bill and his line was reconnected. Further in para 9(nine) states, by virtue of inventory report, the Complainant was served with a penal bill of Rs.4,302/-(Rupees four thousand three hundred two)only which was not yet paid. Copy of inventory report Dt.04/12/2006 has been filed by the Opposite Parties. As per the inventory report. S.D.O. Distribution commerce, B.R. Mahapatra checked the meter in presence of one Mansi Gartia. The Opposite Parties has neither filed any affidavit nor adduced any evidence of those person, to prove their case. The affidavit sworn by Opposite Party No.2(two) who was not present at the time of checking is not believable.<br /> <br /> Further more a penal bill issued Dt.01/01/2007 of Rs.4,302/-(Rupees four thousand three hundred two)only was served on the complaint with a direction to pay the said dues within 15(fifteen) days from the date of receipt of this notice failing which your above reference electric connection for disconnection without any further notice. But the Opposite Parties admits that on Dt.04/12/2006 the line of the Complainant was disconnected and on Dt.08/12/2006 the Complainant paid the arrear bill and his line was reconnected.<br /> <br /> The pleas taken by the Opposite Parties has not been proved by the Opposite Parties.<br /> <br /> In view of above discussion we conclude, the Opposite Parties has deficient in their service by not giving reconnection of the service line of the Complainant immediately though he has paid the arrear bill including the reconnection charge of Rs.3,850/-(Rupees three thousand eight hundred fifty)only vide money receipt NO. 12 1147015 Dt.08/11/06, and the Opposite Parties has reconnected the line after one month i.e. On Dt.07/12/2006.<br /> <br /> Regarding the other allegation made by the Complainant for tempering of meter and assessing a penalty of Rs.4,302/-(Rupees four thousand three hundred two)only without any basis, has not claimed any relief. However tempering of meter, technical issues involved and correctness of bill so raised can not be adjudicated by this Forum. This matter should be adjudicate by the designated authority under the provision of Electricity Act-2003.<br /> The Complainant has well established a case of deficiency in service against the Opposite Parties and hence the complaint is allowed and ordered.<br /> <br /> The Opposite Parties are directed jointly and severally to pay a sum of Rs.10,000/-(Rupees ten thousand)only compensation towards mental agony and Rs.500/-(Rupees five hundred)only for litigation cost to the Complainant with in 30(thirty) days from the date of this Order or else the Complainant is entitled to 12%(twelve percent) per annum interest on the amount till payment.<br /> Complainant disposed of accordingly.<br />