Date of filing:-13/02/2018.

Date of Order:-24/04/2019.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)

B A R G A R H.

Consumer Complaint No. 12 of 2018.

Bijaya Kumar Agrawal, S/o Late Nathuram Agrawal, R/o W. No.01 (one), At/Po/Ps/Dist. Bargarh (Odisha). ..... ..... ..... Complainant.

-: V e r s u s :-

The S.D.O., Electrical, Sub Division No.1, WESCO Utility, At/Po/Dist. Bargarh. ..... .... Opposite Party.

Counsel for the Parties.

For the Complainant:- Sri B. Panda, Advocate with other Advocates.

For the Opposite Party :- Ex-parte

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).

Dt.24/04/2019 -: J U D G E M E N T :-

Presented by Ajanta Subhadarsinee, Member(w):-

The Complainant has filed this case U/s 12 of Consumer Protection Act-1986 against the Opposite Party alleging deficiency in service towards him.

The brief fact of this case is that the Complainant is a consumer having being supplied with Electricity connection to his business premises by the Opposite Party vide Consumer No. 5121-2315-0198 to earn his livelihood and he is a regular payee of electricity bill whereas the Opposite Party is the S.D.O., Electrical Sub-Division No.1(one), WESCO Utility, Bargarh.

As per the complaint petition, when the electricity bill for the month of September-2017 was not sent to the Complainant, he approached the office of the Opposite Party and came to know that his electricity connection was disconnected in the first week of October-2017, without giving him any prior notice. And at the same time he came to knew that Opposite Party staff has prepared a letter with letter No.977 Dt.24/07/2017 requesting the Complainant to produce all the valid documents for power supply to his commercial premises, failing which he would face power disconnection but that letter was not sent to the Complainant. The Complainant has given all the necessary documents and filed indemnity bond previously when the electricity connection was taken by him to his premises.

Again, as per complaint, by passing the legal things, disconnecting the electricity connection without giving him any prior notice and opportunity to take any step by the Complainant is against law and this arbitrary action by the Opposite Party caused mental pain and agony to the Complainant. Then the Complainant approached the Opposite Party for connection of electricity to his business premises, but the Opposite Party did not listen to him and did not provide the electricity supply to his premises. Then the Complainant sent a pleader notice to the Opposite Party on Dt.26/12/2017 requesting the same but it was in vain. Inspite of receiving the pleader notice from the Complainant the Opposite Party has not taken any step in that context.

Further the Complainant alleges that such conduct of the Opposite Party is unfair deceptive and monopoly in trade practice which amounts to deficiency in service by the Opposite Party to the Complainant and for such conduct, the Complainant sustained mental agony and pain, and suffers a loss of Rs.2,00,000/-(Rupees two lakh)only. Therefore, the Complainant prays for a direction by the Forum to the Opposite Party to connect the electricity power to his business premises and to pay Rs.2,00,000/-(Rupees two lakh)only for the loss due to disconnection of electricity to his business premises and Rs.1,00,000/-(Rupees one lakh)only for his mental agony and pain.

The Complainant in support of his contention relies upon the following documents:-

1. A pleader notice Dt.26/12/2017.

2. An original postal receipt.

3. Xerox copy of Electricity bill and payment receipt of Rs.473.00/-(Rupees four hundred seventy three)only Dt.25/09/2017.

The Opposite Party is duly noticed. But did not appeare nor filed his version before the Forum on several dates of posting and ultimately the case was set ex-parte vide order Dt.08/08/2018 and posted for ex-parte hearing.

Heard the matter, as argued and presented by the advocate on behalf of the Complainant, gone through the case record and documents annexed to it, some issues to be decided for proper adjudication of the case are as follows:-

1. Whether the acts of the Opposite Party amounts to deficiency in service or not ?

2. Whether the Complainant is entitled to any compensation and relief claimed for ?

Answering to issue No.1(one)

Having through inspection to the Complaint petition all the documents available in the case record and the money receipt issued by the Opposite Party acknowledging the receiving of money against the bill clearly reveals that there was no arrear amount pending against the complaint till Dt.25/09/2017 and he was a bonafide consumer of the Opposite Party and paying the eclecticity dues regularly. And the Complainant was prior to September-2017 neither noticed nor communicated by the Opposite Party about the letter No.977 Dt.24/07/2017, in which the Opposite Party has requested the Complainant to produce all valid documents for power supply, failing which he will face power disconnection to his business premises which amount to deficiency in service by the Opposite Party towards his consumer/customer i.e. the Complainant in this case. Such conduct of the Opposite Party as to without any prior notice , the disconnection of electric power supply to the business premises of the Complainant is clearly a monopoly trade practice and amounts to deficiency in service against the Complainant, hence the issue is answered against the Opposite Party.

Answering to issue No.2(two)

While analyzing the quests on as to whether the Complainant is entitled to the relief as sought for by him, as in our preceding paragraph we have already discussed in detail and have already given our finding that there is no any out standing amount is pending upon the Complainant, as such it can be concluded that the Opposite Party has put unnecessary pressure on the Complainant without rendering proper service to him, has caused mental agony and pain to the Complainant which amount to deficiency in service by the Opposite Party and the Complainant is entitled for the relief claimed for by him, hence it is assertively answered in favour of the Complainant.

The Forum allowed the case of the Complainant and ordered as follows:-

-: O R D E R :-

Hence the Opposite Party is directed to connect the Electricity supply to the business premises of the Complainant vide Consumer No.5121-2315-0198 and to pay an amount of Rs.5,000/-(Rupees five thousand)only to the Complainant in lieu of compensation against his loss, and for Rs.2,000/-(Rupees two thousand)only for mental agony and litigation expenses within thirty days of receipt of this order, in default of which, future course of action as per the provision of the Consumer Protection Act-1986, would be taken against the Opposite Party.

Accordingly, the order is pronounced in the open Forum and disposed off to-day i.e. on Dt.24/04/2019.

Typed to my dictation

and corrected by me.

(Ajanta Subhadarsinee)

 Member (w)

                               I agree,

(Sri Krishna Prasad Mishra)

                    P r e s i d e n t

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 Sri Dusmanta Padhan,

 Office Assistant (D.M.A.)