Orissa

Bargarh

CC/08/34

Dr. Prakash Narayan Tripath - Complainant(s)

Versus

Western Electricity Suply company and Orissa ltd. - Opp.Party(s)

Sri D.Mishra and others

28 Jul 2008

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/08/34

Dr. Prakash Narayan Tripath
...........Appellant(s)

Vs.

Western Electricity Suply company and Orissa ltd.
...........Respondent(s)


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

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):
1. Sri D.Mishra and others

OppositeParty/Respondent(s):




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ORDER

Presented by Miss B. L. Dora, Member . In this case, the complaint petition reflects that, the Complainant is a domestic consumer of Electricity, bearing Consumer No.412001010036, corresponding to old A/C No. DOM-BGH-354. As a Surgery Specialist, the Complainant remains absent at his resident at day hours for most of the periods of the month. But all of a sudden, the Complainant has got a notice bearing No.454 dated 22/04/2008, issued by the Opposite Party along with an enclosure where it has been mentioned that, the office staff of the Opposite Party had inspected the premises of the Complainant on dated 06/12/2007 & had found that the plastic seal was allegedly tempered and that the meter terminal cover had no seal, and that the family members of the Complainant refused to sign the Inventory Report. The Opposite Party assessed the complainant's liability to the extent of Rs.49,471/-(Rupees forty nine thousand four hundred seventy one) only for the period of 12/2006 to 11/2007. But on comparison of electric bills, issued by the Opposite Party in favour of the Complainant prior to dated.06/12/2007 to the bills submitted thereafter, there is no such differences can be found out in the bill amounts after the alleged date of inspection. In this regard, the Complainant has filed the xerox copies of the electric bills for the aforesaid period for proper verification. For this act of the Opposite Party, the Complainant is shocked and humiliated & always passing his days with a fear that the electricity supply to his residence may be disconnected at any time. The illegal notice of dated. 22/04/2008, directs about the unfair trade practice and deficiency in service by the Opposite Party to it's consumer. The Complainant claims Rs.50,000/-(Rupees fifty thousand)only towards his mental agony, harassment & litigation expenses. In support of his case, the Complainant relies on the following documents, that are:- 1) Xerox copy of letter dated 22/04/2008 along with invention report(dated.06.12.07), --- 2 sheets. 2) Xerox copy of bills, for the period of 07/2007 to 03/2008, ---(14 sheets). The case is filed on dated. 01/05/2008 & on dated. 02/05/2008 an Interim Order has been made on the the prayer of the complainant, directing the Opposite Party not to discontinue the supply of electricity to the complainant's residence, till the disposal of the case. The Opposite Party has received notice on dated. 05/05/2008 but due to his non-appearance before the Forum till dated. 20/06/2008, on the very day he has been set ex–pa rte & the case is posted for ex-pa rte hearing. On verification of Documents and hearing from the Counsel for the Party, it is obvious that the Complainant is not at fault in paying his electric bill. On the other hand, the Opposite Party has failed to prove about the unauthorized consumption of electricity by the complainant . The Opposite Party has neither filed his version nor appeared before the Forum to contest his case. Here prima facie shows that the Complainant is never consuming electricity illegally from the Opposite Party. Hence, this notice hampers the dignity of the Complainant. In this circumstances, the complaint petition is allowed & Ordered. The Opposite Party is directed to pay Rs.3,000/-(Rupees three thousand)only to the Complainant within thirty days from the date of Order as compensation for his mental agony and litigation expenses, failing which 18% (eighteen percent) interest will be imposed on the awarded amount till the date of payment. The Opposite Party is further directed to recall the notice No.454 dated 22/04/2008 & never issue such type of notice against the Complainant. The Opposite Party is also directed not to dis-connect the supply of electricity to the Complainant's residence & issue bills on proper consumption of electricity . The Case is disposed of accordingly .




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