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                 Date of filing:- 28/01/2015

Date of Order:-18/03/2015

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM(COURT)

BARGARH.

CONSUMER COMPLAINT NO. 04 of 2015                        

Debadatta Mishra, aged 50 years, son of Late Haribandhu Mishra, resident of Ward No.13, Kali mandir road, Bargarh, PS.-Bargarh Town,Post and Dist. Bargarh.

... ... ... Complainant.

- V e r s u s -

WESCO, Bargarh Division, represented through its superintending engineer , At. Bargarh, PS.- Bargarh Town, Post and Dist.- Bargarh

... ... ... Opposite Party.

Counsel for the Parties:-

For the Complainant:- Self.

For the Opposite Parties :- Exparte.

-: P R E S E N T :-

Miss. Rajalaxmi Pattnayak ..... ..... ..... ..... ..... ..... ..... P r e s i d e n t.

Smt. Anjali Bahera ..... ..... ..... ..... ..... ..... ..... M e m b e r.

Sri. Pradeep Kumar Dash ..... ..... ..... ..... ..... ..... ... M e m b e r.

Dt.18/03/2015 -: J U D G E M E N T :-

Presented by Smt. Anjali Behera, Member .

Case of the Complainant is that he served with the Electricity Bill for the month of december 2014 on Dt.19/01/2015 which he needs to pay on or before 26/01/2015, when Complainant went to the office of the OP to pay the dues on the due date 26/01/2015 he observed it being closed on the \occasion of Republic Day Celebration as declared by Government. He on the next day that is 27/01/2015 approached the Opposite Parties office and paid the Electricity dues for two connections. But he was not accorded with the benefit of rebates applicable when the bills are paid on due date and he last a sum of Rs.33.30(Rupees thirty three and thirty paise)only in the process. This consumer said he was ready to pay the bills on due date but due to closure of the office he was not able to pay the bills and when he paid bills and next day he denide rebate Complainant claims that the non payment of bills on Dt.26/01/2015 the due date has not happened due to his fault and if a national holiday facts on the due date the next day should he taken as the due date and rebate benefit should be available to consumer. When his cause is not heard by the authorities he files this Complaint for deficiency of service by the Opposite Parties and compensation of Rs.10,000/-(Rupees ten thousand)only.

Opposite Parties duly noticed but the notice returned by the Postal department with a remark of refused as the reason of return.

Under the circumstance forum sets exparte the Opposite Parties and conducted a hearing on merits on dt.03/03/2015 and heard the version of the Complainant in detail by checking the records it was found that Complainant has relied on the electricity bills two in nos and payment receipts dated 27/01/2015 showing no sanction of rebate to him.

Section 50 of the electricity Act 2003 specifies . The concerned State Commission shall specify an electricity supply code according to which recovery of electricity charges, intervals of billing, disconnection, restoration, meter tampering and all other activities relating to consumption of electricity will be guided.

Odisha electricity regulatory commission Regulation of 1998 according to which the above mentioned activities are conducted specifies under chapter IX and point 94.

As

“ If the due date indicated in the bill for payment of the amount is a sunday or a public holiday the amount may be paid on the succeeding working day.

Under the circumstances if is clear that 27/01/2015 will be the due date for the Complainant and by not providing the rebate/concession permissible as per law to him is deficiency of service by the Opposite Party.

Complainant prays for a sum of Rs.10,000.00/-(Rupees ten thousand)only rebate compensation but not able to specify how as the cause of action arised on 26/01/2015, payment of bill was made on 27/01/2015 and the Complaint is filed on 28/01/2015 which seems a little bit early and assumption about not utilizing the grievance redressal procedure available under electricity laws is evident that too for a sum lof Rs. 33.30(Rupees thirty three and thirty paise)only. However it is also evident that the practice is not proper as this minimal sum when collected unauthorizedly from large number of consumers amount is collected from consumer as well including denying their legal right which should not go on as the service is directly affecting the lives of people in large seak.

Under the circumstance forum decided that deficiency of service by the Opposite Party occurred and orders that.

(1) Opposite Party is directed pay the admissible rebate Rs.33.30(Rupees thirty three and thirty paise)only to the Complainant along with a cost of Rs.1000.00/-(Rupees one thousand)only for all the suffering received with in thirty days from the date of Order, failing which the awarded amount shall carry @12%(twelve percent) interest till actual realization of amount.

(2) Opposite Party is directed not to practice this in future to avoid proceeding under unfair trade practice.

Disposed accordingly.

Typed to my dictation

and corrected by me.

            I agree,                                               I agree,                                                                                        I agree,

 (Smt.Anjali Behera)                      (Sri Pradeep Kumar Dash)                                                            ( Miss. Rajlaxmi Pattnayak.)

       M e m b e r.                                      M e m b e r.                                                                                     P r e s i d e n t.