DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 01 OF 2016
Kedarnath Patel,
S/O: Jyotish Chandra Patel,
R/O/ PO: Sama Singha, PS: Kolabira,
Dist- Jharsuguda, Odisha…………………..…………………………..…..……. Complainant.
Versus
The Sub-Divisional Officer, Electrical, WESCO,
Jharsuguda Sub-Division No.2,
Infront of Income Tax Office, Sarbahal,
Dist- Jharsuguda, Odfisha.......................................................................... Opp. Party.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Parties Shri B. B. Barai, Adv. & Associates.
Date of Order: 25.07.2016
Present
1. Shri S.L Behera, President.
2. Shri S.K. Ojha, Member.
Shri S.K. Ojha, Member :- The brief facts of the complaint case is that, the complainant is a consumer of the O.P. bearing Consumer No. 413524060280 and he was paying the electricity bills regularly to the O.P. The electrical meter was also in good condition upto October,2012 but afterwards due to lightening the said meter was not function properly about which the complainant had informed to the O.P but the O.P did not provide new meter. The complainant intimated the matter to the S.D.O, Electrical in writing on dtd. 21.11.2012 but the O.P instead added 2623 unit extra and charged Rs.11,000/- only without any clarification. The complainant prayed before Grievance Redressal Forum, Burla circle where they have ordered to shutout the matter within 30 days from the dated 18.06.2013 but after five months the O.P installed a new meter on dtd. 25.11.2013. The complainant is paying the regular bill amount since November, 2013 and paid Rs.520/- for 150 units but the said unit has again added in the bill of May/June, 2012. The complainant approached several times to rectify on the excess billing and double added bill units as mentioned above but the O.P did not take any heed, hence this case.
On service of notice, the O.P appeared and filed Written Version through his counsel admitting the facts of electricity connection and submitted that the complainant is a consumer vide consumer No. 413524060280. The O.P submitted that the complainant is habitual defaulter of electricity bills. The complainant informed about defective meter on 21.11.2012 where he was requested to provide self-purchase meter but thereafter he did not intimate to the office and filed complaint before the Grievance Redressal Forum,Burla and after direction by the GRF, Burla dtd.18.06.2013 the fact came to the knowledge of O.P and meter installed on 25.11.2013. Regarding the billing from October, 2012 to November, 2013 it is less than actual consumption of complainant and amount of Rs.769/- only also been adjusted in the bill for December, 2012. On installation of new meter and there is no unjust amount shown or left in the case. The complainant is liable to pay the outstanding arrear of Rs.13,664/- only till April,2016 and on the above ground prayed for dismissal of the case.
Heard the matter in length from both the parties, gone through the case and materials available on record. The complainant is a consumer of O.P bearing consumer No. 413524060280. The electrical meter got defected and it was informed on dtd. 21.11.2012 through lodging of written complaint by adopting procedures which was acknowledged by the O.P but the O.P did not turn up as such the complainant filed complaint before Grievance Redressal Forum, Burla where said GRF, Burla advised on dtd. 18.06.2013 to redress the grievance of complainant and take necessary steps to resolve the dispute within 30 days of receipt of this letter under intimation to the said Forum. The O.P installed new meter on dtd. 25.11.2013 i.e. after five months and that was also mentioning wrong consumer number i.e. 413524060026 in place of 413524060280 which was rectified after so many requests. The complainant has filed a copy of Orissa Electricity Regulatory Commission (Licensees’ Standards of Performance) Regulations, 2004 in support of his case in which as per under Rule-2.3(i) it has held that, “The licensee shall inspect and check the correctness of the meter within 7 working days of receiving the complaint. If the meter is not working including that it is stuck up, running slow, fast or creeping beyond the limits, the licensee shall replace the meter within 30 days of receiving the original complaint if the meter belongs to the Licensee. If it belongs to the consumer, actions shall be taken as per OERC Distribution(Conditions of Supply) Code,2004”.
As the complainant had lodged written complaint on dtd. 21.11.2012 of annexure-3 which was acknowledged by the O.P. and targeted to resolve on or before January, 2013 but failed to do so. More over the complainant prayed before Grievance Redressal Forum, Burla on dtd. 23.05.2013 where GRF, Burla directed to resolve the dispute within 30 days from the date of receipt of letter but the O.P once again failed to comply the directions of GRF, Burla within the stipulated period of time and after five months installed a new meter but here once again committed a mistake by mentioning wrong consumer number which was rectified later. By observing the above mentioned activities of the O.P and relying upon the Orissa Electricity Regulatory Commission (Licensees’ Standards of Performance) Regulations, 2004 it is found gross deficiency in services on his part.
Hence we are in considered opinion to allow the complaint of the complainant with directions as follows;-
ORDER
The O.P is hereby directed to pay to the complainant a sum of Rs.12,000/- ( Rupees twelve thousand) only towards harassment, mental agony including litigation costs, which may be adjusted in the next / further electricity bill/ bills of the complainant
Accordingly the case is disposed of.
Order pronounced in the open court today the 25th day of July’ 2016 and copy of this order shall be supplied to the parties as per rule.
I Agree.
S. L. Behera, President S.K.Ojha, Member
Dictated and corrected by me
S.K.Ojha, Member
