sanjay Ku Jaiswal S/O-Late Sivdas Prasad Jaiswal filed a consumer case on 23 Jul 2015 against The S.D.O Electrical WESCO in the Jharsuguda Consumer Court. The case no is CC/11/2015 and the judgment uploaded on 27 Dec 2017.
CONSUMER COMPLAINT CASE NO. 11 OF 2015
Sanjay Kumar Jaiswal,
S/O: Late Shivdas Prasad Jaiswal,
R/O: Bazarpada, PO- Belpahar (RS),
PS-Belpahar, Dist:Jharsuguda, (Odisha)……………………………………………Complainant
Versus
S.D.O,Electrical,
WESCO, Belpahar,
Dist-Jharsuguda (Odisha)………..…………………………………...........….…...Opp. Party
Counsel for the Parties:-
For the Complainant Self
For the Opp. Party Shri B.B.Barai, Adv. & Associates.
Date of Order: 23.07.2015
Present
1. Shri S.L.Behera, President.
2. Shri S.K. Ojha, Sr. Member.
3. Smt. A. Nanda, Member.
Shri S. K. Ojha, Sr. Member: - The brief facts of the complainant’s case is that, being the unemployed, the complainant had taken PMRY loan to start a small scale work of making envelopes and for the said purpose he taken a commercial electricity connection since February 2007 having Account No. 4172-1202-2224 having consumer No. C-116A-53. The electricity consumption is very low from 01 unit to 05 units per month and the complainant was paying electricity bills regularly. In the month of July 2013 the said meter of complainant became defect, about which he made complaint to the Section Officer, WESCO, Belpahar where he was demanded Rs.2300/- only for installing a new meter. The complainant could not pay the said amount. The electricity bills were coming in average of 02 units per month amounting Rs.40/- only but in the month of December 2014, suddenly the electricity bill came as 200 units amounting Rs.1205/- only and so on regularly. After objecting about the said bill the O.P advised to install new miter which the complainant has purchased for Rs.1589/-only on dtd.24.1.2015 and submitted on dtd.29.1.2015 before the Sectional Officer by paying Rs.50/- only for meter testing fee. The said meter could not be installed till date after repeated requests to the O.P which caused a lot of harassment and mental agony to the complainant, hence the case.
On receiving the notice the O.P. appeared through his counsel and filed written version admitting the fact of Electricity connection and denied all the allegation of the complainant and submitted that as per standing order 200 units per months has been charged of no meter or defective meter. The latter was received on dtd.13.3.2015 and on 19.3.2015 the meter was installed and denying any deficiency of service the O.P. prayed for dismissal of case.
Heard the matter from the parties in length and perused the case record along with materials available. The O.P.has installed the meter on dtd.19.3.2015 which the complainant has requested on dtd.29.1.2015 by submitting the miter by paying Rs.50/- only towards meter testing charges to the Jr.Manager (Commercial)Electrical Section Officer, WESCO, Belpahar and on the same day the said Jr. Manager (Commercial) Electrical Section Officer, WESCO, Belpahar forwarded to the O.P. bearing letter No.21 dtd.29.1.2015. After being installation of meter it is found that the complainant has consumed electricity energy in the month of APRIL-2015 was only 01 Unit and in the month of May 2015 it was only 02 units which were as usual as the units consumed by the complainant before having defect in the meter. The O.P. charged 200 unit in the month of December-2014 so also in January-2015 on average basic but failed to filed to any supporting documents showing any guidelines or any standing order as submitted in his version.
The O.P. orally raised the question on connection which is a commercial one and cannot be adjudicated in this Hon’ble Forum but the complainant has taken the said commercial connection by taking loan from PMRY scheme for his livelihood by means of self-employment. The complainant is running the work of making envelopes himself and not commercializing the electricity energy to any one, rather using for his own purpose. Thus the case is maintainable.
However the O.P has installed the meter but in much delay from the date of applying by the complainant. In between the O.P has charged much more units to the complainant which is showing to be beyond expectations during the period of defect of the meter which amounts to deficiency in service of the part of O.P.
Hence we are in considered opinion to allow the complaint petition with directions to the O.P to rectify / revise the electricity bill of complainant as per usual consumption by the complainant in forthcoming bills along with pay a sum of Rs. 2,000/- (Rupees two thousand) only to the complainant towards harassment, mental agony and cost of the case within 30 (thirty) days from the date of receipt of this order, failing which the O.P shall be liable for interest @10% per annum on the above mentioned awarded amount till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 23rd day of July’ 2015 and copy of this order shall be supplied to the parties as per rule.
I Agree. I Agree,
A.Nanda, Member (W) S. L. Behera President S.K.Ojha, Sr.Member
Dictated and corrected by me
S.K.Ojha, Sr.Member
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