DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
…………………….
Presents:-
1.Sri A.K.Purohit, President.
2.Smt. S.Rath, Member.
Dated Bolangir the 21st day of November 2017.
C.C.No. 32 of 2017.
Bansidhar Bhoi , age-65 years son of late Kunu Bhoi. Resident of Sudpada,
Bolangir Town, P.O/P.S/.Dist- Bolangir.
.. .. Complainant.
-Versus-
1.The Sub-Divisional Officer, Electrical Sub-Division,No.1,
WESCO, At/P.O/P.S & Dist- Bolangir.
2.The Executive Engineer, Electrical Division, WESCO,
At/P.O/P.S/Dist- Bolangir.
.. .. Opp.Parties.
Adv.for the complainant-K.C.Mishra & Associates.
Adv.for the O.Ps -B.S.Satpathy.
Date of filing of the case-10.07.2017
Date of order -21.11.2017.
JUDGMENT.
Sri A.K.Purohit, President.
1. The case of the complainant is that he is using the electricity to his residence supplied by the O.Ps vide consumer No. DOM 40/1973 and the complainant is paying the bill regularly. The complainant alleges that, without any valid reasons and notice the O.Ps have disconnected the electricity supply to his house on dated 15.03.2017. To this the complainant represented the authorities for correction of his bill amount as per consumption on dt. 22.04,2017 but the O.Ps have not considered the same and issued the arbitrary bill. Hence the complainant has preferred this case alleging deficiency in service and prays for revision of his bill amount.
2. The O.Ps have appeared through their advocate on dt.16.08,2017, but they have not filed their written version till the time allowed by the forum and are set exparte vide order dated 20.10.2017. When the case is fixed for exparte hearing on dt.7.11.2017, both the O.Ps have filed their written version. Due to this act of the O.Ps the aims and objects of the Consumer Protection Act has been defeated and the O.Ps are liable for penalty under provisions of Sec.14(d) of the Consumer Protection Act. Since the order has not been passed the written version filed by the O.Ps has taken into consideration.
3. According to the O.Ps the complainant has defaulted in making payment of thebill amount from May 2016 to March 2017 and hence his power supply was disconnected on dt.15.03.2017. The electricity bill issued to the complainant is actual bill as per meter reading since 2013 and after disconnection the provisional bills are issued to the complainant. After reconnection an amount of Rs 7,417/- was adjusted and final bill for a sum of Rs 21,048/- was issued and hence there is no reason for revision of his bill. It is also submitted by the O.Ps that, the meter of the complainant has no defects and hence there is no requirement for meter testing. The O.Ps prays for dismissal of the case.
4. Complainant is absent on the date fixed for hearing. Perused the complaint petition and materials, available on record. Besides filing written version the learned advocate for the O.Ps has not raised any point in support of the case of the O.Ps. Perused the written version and documents, filed by the O.Ps. It is a fact that, the complainant is using the electricity supplied by the O.Ps vide consumer No.DOM-4D/19731 correspond to new A/c. No.911124040447. The O.Ps have admitted in their written version that, the meter used to display correct meter reading and hence there is no defect in the meter. It is seen from the biling statement filed by the O.Ps that, the status of the meter was in “OK” condition till February 2017 and there after it is under ‘L’ category and the bills are prepared under average basis and not on consumption. When the O.Ps have admitted that, the meter is in ‘OK’ condition, it is their bound down duty to raise bill as per consumption. The O.Ps have not produced any evidence to show the circumstances for which they have raised bills on average basis. The complainant has also represented the O.Ps for raising of excess bill on dated 22.4.2017, but the O.Ps have not taken the same for consideration and simply they have raised bill as per the report of the meter reader. Therefore electricity bills raised by the O.Ps, on average basis amounts to deficiency in service on the part of the O.Ps. Hence ordered;
ORDER.
The O.Ps are directed to revise the electricity bills of the complainant from March 2017 to till date within one month from the date of receipt of this order. The O.Ps are further directed to pay Rs 10,000/- (Rupees Ten thousand) only, for the negligence act of the O.Ps in not filing the version under proviso of Sec. 14(d) of the C.P.Act to the complainant within one month from the date of receipt of this order. The O.Ps are also further directed to pay Rs 1,000/- (Rupees One thousand) only, towards cost to the complainant within the aforesaid period.
Accordingly the case is disposed off.
Order pronounced in open forum this the 21st of November 2017.
(S.Rath) (A.K.Purohit)
MEMBER. PRESIDENT.
