Orissa

Debagarh

CC/13/2019

Khirod Bihari Pradhan, aged about 43 years, S/O- Late Upendra Pradhan - Complainant(s)

Versus

The S.D.O,Electrical, WESCO Division,Deogarh - Opp.Party(s)

Mr. Alok Sourav Behera

06 Nov 2021

ORDER

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

C.C. Case No- 13/2019

      Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member.

Khirod Bihari Pradhan, aged about 43 years,

S/O- Late Upendra Pradhan,

At-Babusahi, Ward No-1,

P.O/P.s/Dist-Deogarh.                                                                                               ….Complainant.

                                                                                     -Versus-

              1.   The S.D.O,Electrical,

   WESCO Division,Deogarh,

   PS/Dist-Deogarh.

​              2.    The Executive Engineer,

   WESCO Division,Deogarh,

                      P.s/Dist-Deogarh.                                                                              .… Opposite Parties.

            Counsels:-

1. For the Complainant           :-Nemo
2. For the O.P-1&2                   :- Sri. D.K. Guru & Associate, Advocate, Deogarh.

                                                         DATE OF HEARING: 05.11.2021, DATE OF ORDER: 06.11.2021.

Sri Dipak Kumar Mahapatra, President- Brief fact of the case is that Complainant is a consumer of electricity vide Consumer No-414114010344 in the name of his deceased father Late Upendra Pradhan of the above noted address. His father was paying the monthly electric bill as per the billed amount to the O.Ps every month but the O.Ps have raised some arrears in the electric bill due to defective meter which was remained unpaid after his death in the year-2015. The Complainant has paid Rs.30,000/- to the O.Ps in March-2018 and in spite of several requests the O.Ps did not take steps for replacing the defective meter rather issued provisional bill every months. The monthly consumption in the house of the Complainant is a minimum of 200 to 300 units per month and the electric bill per month is being issued to the Complainant on actual basis. In Feb-2016 the Complainant found that the O.Ps is regularly supplying excess electric bill as compared his consumption, he has several times brought the matter to the notice of the O.Ps but no step taken to replace the defective meter rather supplied bills on provisional basis. It can be observed from the monthly bill of the year 2019, the bill were calculated on actual basis as 212 units in month Jan-2019, and 262 units in the month of Feb-2019. The  Complainant on dtd. 15.03.2109 receives a bill from the O.Ps for an amount of Rs.1,54,969/- out of which bill for Feb-2019 is Rs.1292.54 paisa and the arrear is Rs.153676.55 paisa and also compelled to the Complainant to pay the entire arrear amount and settle the disputed bill today failing which he will disconnect the power supply to the house of the complainant. On dtd. 16.03.2019 at about 11.00 a.m, the Complainant visited the office of the O.Ps to make some part payment and he requested to recalculate the arrear to reach a settlement, the O.Ps were not ready to listen him and warned him that if he will not pay the entire due today, he will disconnect the power supply to his house. But the O.Ps on dtd.16.03.2019 at about 3.00 P.M, has disconnected the power supply to the house of the complainant.  That the O.Ps has earlier neglected the Complainant, not replaced the defective meter, not settled the arrears for which the Complainant is deprived of all the facilities as a consumer to be enjoyed by him. The  petitioner has tried in every possible way to get the matter solved but the O.Ps did not bothered about the settlement of the issue rather harassed the Complainant for which he is facing financial loss and mental pain due to “DEFICIENCY IN SERVICE ”caused by the O.Ps.

            As per the O.P the District Commission on dtd. 16.03.2019 has pleased to direct the O.Ps to restore the  Power supply to the house of the Complainant  until further order. The said order was challenged by the O.Ps in the SCDRC,Cuttack vide Revision Petition No- 33 of 2019 where the State Commission has set aside the order of lower Forum and directed the   O.p to appear before the District Commission file objection to the interim application within seven days which shall be disposed off within Ten days. Also the State Commission has directed the Complainant to deposit Rs.30,000/- and shall keep paying current dues. There was an arrear of Rs. 152,709.61 was pending against the Complainant as on dtd.31.12.2018 and basing on this the O.P sent a disconnection notice U/S-56(1) of the Electricity Act,2003 vide letter no-37(2) dtd. 22.01.2019. The Complainant has ignored the notice and did not turn up to pay the dues.   So the O.Ps has disconnected the power supply to the premises as per the law and subsequently the same was restored on payment of Rs.31,005/- in April -2019. The Complainant is a regular defaulter of electric dues and he has only paid RS. 10,000/- in March-2018 against the arrear of Rs. 124364.58 but did not pay the current dues for which the arrear was raised to Rs. 153676.55. The O.P has changed the Meter in the house of the Complainant in Dec-2016 and November- 2018 and bills were generated on actual basis. The present status of the Meter is OK without any defect. Due to non payment of dyes by the Complainant the O.Ps constraint to take legal steps to disconnect the Power supply to his premises.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
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 the Complainant comes under the purview of Consumers as his father has availed an Electric connection during his life time and being the son and legal heir of his father he is the consumer of the O.Ps. It is observed from the records that the Complainant is a regular default of electricity since the death of his father. Further it is observed that the complainant has not submitted any documentary evidence showing that the meter is defective and bills are generated or arbitrarily for which the huge amount of arrear was accrued in the name of Complainant. So it is difficult to ascertain the deficiency on the part of the O.Ps Again it is inferred that after receiving the direction from the Hon’ble State Consumer Commission the O.Ps has restored the Power Supply to his premises but the Complainant did not bother to pay the current monthly electric dues. Due to the callousness of the Complainant towards the payment of dues the arrear was accumulated to Rs.  1,53,676.55/-. Hence we feel that the O.Ps has not committed any Deficiency in Service for which they shall be penalized. Hence we order as under :-

                                                                                                ORDER

The Complaint petition is disallowed. The Complainant is directed to pay the outstanding arrear dues to the O.Ps after having a consultation with the O.Ps within 90 days of receiving the order from this Commission. The O.Ps are at liberty to collect the arrear dues from the Complainant as per the guidelines of Electricity Act- 2003, only  after  lapse of  the time period(90 days) of the above order  failing which, the O.Ps are  at liberty to proceed in due process of law.     

Order pronounced in the open court today i.e, on 6th day of November 2021 under my hand and seal of this Commission.

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

I agree,         

                                                                                 

MEMBER.                                                                                          PRESIDENT.

                                                  Dictated and Corrected

                                                                   By me.

                                                            PRESIDENT.