Orissa

Bargarh

CC/09/34

Mohanlal Bania - Complainant(s)

Versus

The Sectional Officer, - Opp.Party(s)

Sri M.K.Satpathy and others

13 Oct 2009

ORDER


OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT),AT:COURT PREMISES,PO/DIST:BARGARH,PIN:768028,ORISSA
consumer case(CC) No. CC/09/34

Mohanlal Bania
...........Appellant(s)

Vs.

The Sectional Officer,
The S.E.O., Electrical
The Executive Engineer,
...........Respondent(s)


BEFORE:
1. MISS BHAGYALAXMI DORA 2. SHRI GOURI SHANKAR PRADHAN

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. Sri M.K.Satpathy and others

OppositeParty/Respondent(s):




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ORDER

Presented by Miss B.L. Dora, Member. In this case, the Complainant is a consumer of Electricity, bearing consumer No. 415216010055. The Opposite Party No.1(one) is the local officer to look after and rectify billing affairs. The Opposite Party No.2(two) is the Divisional authority to manage the Lakhamara Electrical Section. The Opposite Party No.3(three) is the higher authority of Opposite Party No.1(one) and No.2(two). Previously, the Complainant was using electrical energy commercially and paying bills in that respect. But in the year 1996, his line was disconnected without any reason but even after his pretext and on payment of Rs.50/-(Rupees fifty)only, the line was connected on Dt.20/10/2006. Since then the Complainant has been using electrical energy domestically load factor of one kilowatt. On the meantime different bills were raised by the Opposite parties, with out consumption of the energy by the Complainant. The Complainant also compelled to pay some of the bill by local workers of the Opposite Party company and their lineman on thereof. By this, the Complainant made complain before the Opposite Party No.2(two) severally but he had not not paid any attention to it. Then also, the Complainant has placed his grievance before the consumer redressal camp, conducted by the Opposite Parties company of Padampur on Dt.22/09/2007. Here, a spot verification was done and the commercial category of the Complainant was changed into domestic one but the Opposite parties have neglected to change the load factor of two kilowatt to one kilowatt. Since then the bill of the Complainant has been raised with domestic terrief for two kilowatt instead of one kilowatt. The Complainant has made complain before the local Opposite Party to rectify the aforesaid problem and to provide him correct bill but the problem is not solved and still raising bill counted with two kilowatt load. So finding no way out the Complainant had served pleader notice to the Opposite parties. On Dt.01/08/2008 asking them to sort out him problem and to pay compensation for their cause of deficiency. On receiving the notice the Opposite Parties have assured the Complainant to sort out his problem but have not taken any steps in this regard. Hence, this case. Due to these act and action by the Opposite Parties, the Complainant is not only being harassed and debarred to enjoy electric energy for a long period but also sustaining monetary loss on compulsion to pay incorrect bills. In order to strengthen his case, the Complainant has relies on the copy of pleader's notice, receipts showing sending of notice, A.D. Card, Xerox copy of letters placed before the Opposite parties authorizes by the Complainant and electric bills issued to the Complainant by the Opposite Parties and prayed before the Forum to direct the Opposite Parties to provide him a correct bill counted on domestic consumption for a load factor of one kilowatt with a sum of Rs.15,000/-(Rupees fifteen thousand)only as compensation besides litigation expenses for the neglecting attitude and deficiency in service caused by the Opposite Parties towards the Complainant. In response to this, the Opposite Party No.1(one) and No.2(two) have received notice but failed to appear before the Forum or to take any steps. On the basis of sufficient service on all the Opposite Parties, the Opposite Parties are set ex-parte and the case is posted for ex-parte hearing and Order. Perused the documents and heard from the counsel and came to the conclusion that, the Complain of the Complainant is genuine. In spite of approaching the Sub-Divisional Officer and making several requests, the bill was not corrected. On the other hand, the Opposite Parties are failed to counter the claim of the Complainant and to clear it. Here it presumes that, the Opposite parties are intentionally not interested to solve this problem. In these circumstances, it is found out that the Opposite Parties are negligent in duty and deficiency in providing of proper service to their consumer. In the result, the disputed bills supplied by the Opposite Parties to the Complainant are quashed and directed the Opposite Parties to provide corrected bills counted on domestic consumption of a load factor of one kilowatt. Further the Opposite Parties are directed to pay Rs.5,000/-(Rupees five thousand)only as compensation for mental agony, harassment and litigation cost to the Complainant with in thirty days hence failing which 18%(eighteen) percent interest shall be charged on the awarded amount till payment. Complaint allowed and disposed of accordingly.




......................MISS BHAGYALAXMI DORA
......................SHRI GOURI SHANKAR PRADHAN