Orissa

Jharsuguda

CC/2/2017

Om Prakask Birla S/O- Late hariram Birla - Complainant(s)

Versus

The Executive Engineer Electrical , - Opp.Party(s)

R.K. Pal

18 Apr 2017

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 02 OF 2017

Om Prakash Birla,

S/O: Late Hariram Birla,

R/O: Gwalapara, PO: Lamtibahal, PS: Brajrajnagar,

Dist- Jharsuguda, Odisha…………………..…………..………..….…..…..……. Complainant.

     

                                           Versus 

 

1. The Executive Engineer,

 WESCO, Brajrajnagar, Dist: Jharsuguda, Odisha.

 

2. Sub Divisional Officer (Electrical),

WESCO, Brajrajnagar,

            Dist- Jharsuguda, Odfisha..................................................................... Opp. Parties.

 

 

Counsel for the Parties:-

For the Complainant                          Shri P.R.M.Rao, Adv. & Associates.

For the Opp. Parties                          Shri B. B. Barai, Adv. & Associates.

 

Date of Order: 18.04.2017

 

Present

                                                                                     1. Shri S.L.Behera, President.

                                                                                    2. Shri S.K. Ojha, Member.

                                                                                   3. Smt. A. Nanda, Member (W).

                                               

Shri S.K. Ojha, Member: - The brief facts of the complaint’s case is that, the complainant is a consumer of the O.Ps. bearing Consumer No. 417127080213 and he was paying the electricity bills regularly to the O.Ps. Till the month of Oct, 2015 the O.Ps. were supplying regular electricity bills and the complainant was also paying the said bills regularly but afterwards the O.Ps. stopped supplying regular monthly bills, but the complainant was paying the bill amounts in lump sum mode, as he has paid Rs.650/- only on dtd. 26.11.2015, Rs. 670/- on dtd. 25.12.2015, Rs. 2000/- on dtd. 17.03.2016, Rs.2,000/- on dtd. 19.04.2016 and Rs.3000/- on dtd. 03.06.2016. The O.Ps. were assured the complainant to adjust the amounts paid by the complainant during the period for non-supplying of electricity bills.  As per the instruction of the O.Ps the complainant has also paid Rs.631/- on dtd. 30.08.2016 , Rs.600/- on dtd. 21.09.2016 and Rs.500/- on dtd. 21.10.2016 but all of sudden the complainant received one letter of O.Ps on dtd. 26.12.2016 and surprised that, the said letter was a notice to him to pay Rs.89,042/- only against the electricity dues till Sept,2016 if fails within 7 days, the electricity supply will be disconnected.  The complainant immediately lodged his grievance before the O.Ps. against the said notice and claimed the details of arrear amount for making of necessary payment but the O.Ps. fails to do so and threatened to disconnect the electric supply, hence this case. 

On service of notices, the O.Ps appeared and filed Written Version through their counsel jointly.  The O.Ps. admitted that the complainant was paying the bills up to Oct’2015 and has paid arrear amount of Rs.1441.27P  and also admitted the receipts of electricity bill amounts of Rs.631/- only dtd. 23.08.2016, Rs.600/- dtd.21.09.2016 and Rs.500/- on dtd. 21.10.2016 and denied on non-issuing of any electricity bills to the complainant.  The O.Ps. submitted that the bills are generated on implementation of meter photo billing. The O.Ps cited some dues such as for the month of June’2016- Rs.94,922.98P, for July’2016-Rs.631.20P, for August’2016-Rs.596.22P, for Sept’2016-Rs.500.13P and for Oct’2016-Rs.653.01P which the complainant has paid and defaulted the arrear amount of Rs.89,042.05P upto Sept’2016.  The O.Ps. prayed that the bills served to the complainant are true and based on meter reading for which the complaint case is baseless and deserves to be dismissed.

The matter was heard in length from both the parties, gone through the case and materials available on record.  The complainant is a consumer of O.Ps bearing consumer No. 417127080213. 

The issues framed which move around the matter are as follows:-

 

• Whether the complainant was paying the electricity bills regularly or not ?
• Whether the O.Ps. were regularly issuing the electricity bills to the complainant or not ?
• Whether the complainant is actually liable for the arrear bill amount of Rs.89,042/- only  or not ? 

 

On very first issue, the complainant submitted that he has paid various bill amounts on several dates which the O.Ps. have also admitted without challenge, as such it is cleared that the complainant was paying the electricity bills regularly.

 

While deciding on second issue, the complainant denied to receive the regular electricity bills on which the O.Ps. failed to file any such bill(s) which was/were  issued to the complainant , thus this issue has not been proved by the O.Ps.

 

So far as the third issue is concerned, the O.Ps. have served a letter bearing No. 749 (2) dtd. 13.12.2016 to the complainant mentioning the outstanding dues of Rs.89,042/- only against which, the complainant requested on dtd. 26.12.2016 in written and demanded the details of the said dues amount for making of necessary payment which was duly received by the O.Ps. but till date the O.Ps. neither informed to the complainant nor submitted any details of such arrear amounts before this Hon’ble Forum to prove their case.  The O.Ps, after appearance in this case, have filed their written version and  written argument only but failed to file any such relevant documents in support of their case, hence it is answered that the O.Ps have never clarified the details of said arrear dues. The complainant is liable only when the O.Ps will clarify the details of outstanding dues and not by mere demanding by issuing a notice.

While discussing on the rights of consumer, it is very clearly mentioned in the provision U/S. 6 (b) of the Consumer Protection Act, 1986 as follows

the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be so as to protect the consumer against unfair trade practices;

 

A consumer must know the detail of facts before paying consideration amount to a trader of any service provider for which he / she is going to pay for.

 

The above mentioned provision denotes that, the complainant has got right to be informed about the details of arrear bill amount before making payment which the O.Ps are demanding.

 

As per the above observations and analysis this Hon’ble Forum hold that the O.Ps have committed unfair trade practice towards the complainant by demanding the arrear dues amount of Rs. 89,042/- only to the complainant without any proof, which is bad in the eye of law, hence the complaint petition is hereby allowed with the following directions to the O.Ps. as follows;-     

 

ORDER

The O.Ps are hereby directed to waive out the arrear / outstanding dues amount of Rs.89,042/- (Rupees eighty nine thousand forty two) only as per letter No. 749 (2) dtd.13.12.2016 issued to the complainant and pay a sum of Rs. 2,000/- (Rupees two thousand) only towards mental agony and litigation costs within 30(thirty) days from the date of receipt of this order.  The O.Ps. are further directed to issue regular monthly electricity bills to the complainant.

 

Accordingly the case is disposed of.

Order pronounced in the open court today the 18^th day of April’ 2017 and copy of this order shall be supplied to the parties as per rule. 

 

          I Agree.                                     I Agree                                                                                                           

                                         

        A.Nanda, Member ( W)              S.L.Behera, President                     S.K.Ojha, Member

                

Dictated and corrected by me

 

 

      S.K.Ojha, Member