Date of filing :-23/08/2016
Date of Order :-31/05/2017
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)
B A R G A R H
Consumer Complaint No. 31 of 2016.
M/s Shree Krishna Fabspin Pvt. Ltd, Registered Office at – Railway Station Road, Bargarh-768028, Ps. Bargarh Town, Po/Dist. Bargarh, Factory Office at- Das Mile Chowk, Ps. Sohela, Dist. Bargarh, represented through its Director, Sri Ashok Kumar Lath, aged about 51(fifty one) years, son of Krishna Prasad Lath..... ..... ..... Complainant.
Western Electricity Supply Company of Odisha Limited, Registered Office at- Bhubaneswar, represented through its Executive Engineer, Bargarh West Electrical Division at NH-06, Khajurtikra, Bargarh Po.Ps.Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties.
For the Complainant:- Sri D. Mishra, Advocate with other Advocates.
For the Opposite Party:- Sri D.R.Sahu, Advocate with other Advocates.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... P r e s i d e n t.
Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).
Dt.31/05/2017 -: J U D G E M E N T :-
Presented by Sri P. K. Dash, Member:-
That the complaint is arising out of deficiency in service enumerated under the provision of Consumer Protection Act-1986. The brief facts of the complaint is postulated here under:-
The complaint contends that, the Complainant is a Company Limited represented through it's Directors namely Ashok Kumar Lath his wife and brother and the company has been started by the Complainant to earn his livelihood. That to run the company electricty connection was taken by the Complainant from the Opposite Party by depositing the security amount of Rs.13,16,307/-(Rupees thirteen lakh sixteen thousand three hundred seven)only and the said security amount has been grown up with accrued interest up to Rs.13,93,754/-(Rupees thirteen lakh ninety three thousand seven hundred fifty four)only as on Dt.28/08/2015 when the contract between the Parties regarding supply of electricity was terminated. Further the complaint contends that, the Opposite Party vide it's letter Dt. 28/08/2015 has intimated the Complainant that the Opposite Party is liable to return the security deposite amount of Rs. 6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only after adjustment of arrear bills pending against the Complainant and the Complainant has been asked to produce the original money receipt to process the refund but unfortunately the money receipt was lost by the Complainant which was informed to the Opposite Party vide it's letter Dt. 05/11/2015 and the letter contend particulars of the payment made by the Complainant regarding security deposite.
Further the complaint contends that, the Opposite Party vide it's letter Dt. 23/12/2015 asked the Complainant to submit some documents which were required for the loss of original money receipt to process the refund and inspite of submission of all such required documents since Dt. 28/05/2016 by the Complainant the Opposite Party is avoiding to make payment of the security deposite amount i.e. Rs. 6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only and that the Complainant is a consumer under the Opposite Party and as such the conduct of the Opposite Party for non refund of the security deposite amount is negligence in rendering consumer service by the Opposite Party to the Complainant as well as unfair trade practice. The Complainant has sought for the redressal of the Forum to direct the Opposite Party to refund the balance security amount of Rs. 6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only to the Complainant with applicable interest besides penal interest @ 18% (eighteen percent) per annum with effect from Dt. 28/08/2015 and also for a further direction to pay Rs.10,000/-(Rupees ten thousand)only towards litigation expenses and harassment.
The Complainant in support of his contentions relies upon the copy of following documents:-
Xerox Letter from Executive Engineer (Electricity) to the Complainant Dt.28/08/2015 with calculation statement.
Original Letter to Executive Engineer (Electricity) by the Complainant on Dt.05/11/2015for refund of security deposite with Postal receipt and AD card.
Original Letter Dt.23/12/2015 from Executive Engineer (Electricity) to the Complainant regarding refund of balance security deposite.
Original Letter Dt.28/05/2016 from Complainant to the Executive Engineer, BWED, WESCO, Utility Bargarh.
Xerox copy of FIR lodged in Bargarh Police Station vide Dt.25/04/2016.
Xerox copy of affidavit sworn before Executive Magistrate, Bargarh by the Complainant Ashok Kumar Lath.
Xerox copy of letter of Indemnity lost/stolen/destroyed security deposite money receipt.
Xerox copy of paper publication Dt.27/04/2016.
Xerox copy of Voter Identity Card of Ashok Kumar Lath.
Being noticed the Opposite Party appeared before the Forum through his counsel and filed his version denying most of the allegations of the complaint.
The Opposite Party in his version, as per the power supply record bearing No. BGH/2-0019 for contract demand of 300KV under large industrial category admitted the fact that, the Complainant is a company limited represented through it's Director Ashok Kumar Lath, his wife and brother and have started the company to earn their livelihood and that while running the company they had taken electricity connection from the Opposite Party and deposited a security amount of Rs. 13,16,307/-(Rupees thirteen lakh sixteen thousand three hundred seven)only to the Opposite Party on different dates and that the said security deposite increased up to Rs.13,93,754/-(Rupees thirteen lakh ninety three thousand and seven hundred fifty four)only along with interest as on Dt.28/08/2015 when contract between the Complainant and the Opposite Party regarding supply of electricity was terminated.
Further in his version the Opposite Party contends that, under the provision of Section 42 of Electricity Act-2003 Grievance Redressal Forum has been provided to decide and for redressal of grievance relating to power supply and the Complainant having knowledge of the same has filed the Complaint before the Consumer Forum is liable to be dismissed as not maintainable. Further the fact that the Opposite Party in his letter Dt.28/05/2015 intimated the Complainant that after adjustment of arrear bills from the security deposite an amount of Rs.6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only remained outstanding and refundable by the Opposite Party to the Complainant and that the Opposite Party asked the Complainant to produce the original money receipt and that the Complainant unfortunately had lost the original money receipt and by his letter Dt.05/11/2015 informed the same to the Opposite Party about particulars of payment made by him regarding security deposite and that the Opposite Party in his letter Dt.23/12/2015 required the Complainant to submit some documents in lieu of original money receipt to process the refund and that inspite of submission of all such documents as required by the Opposite Party, the Complainant has not been refunded with the balance security deposite amount have been denied by the Opposite Party.
The Opposite Party in his version further contends that, for non payment of outstanding electricity dues the power supply has been disconnected to the factory of the Complainant on Dt.01/06/2015 as per provision under Regulation -100 of the OERC Distribution (Condition of Supply) Regulation -2004 and as the Complainant failed to pay the outstanding arrear dues within two months of disconnection of supply, the power supply agreement Dt.07/01/2010 (with amended agreement Dt.08/07/2014 on load enhancement) is terminated and the same has been communicated to the Complainant by the Opposite Party vide it's office letter No. 3323 Dt.28/08/2015. Further it is communicated by the Opposite Party to the Complainant that the outstanding dues of Rs. 7,62,100.75/-(Rupees seven lakh sixty two thousand one hundred and seventy five paise)only has been adjusted as final bill against the Complainant from the available security deposite of Rs.13,93,754/-(Rupees thirteen lakh ninety three thousand seven hundred fifty four)only till then and the balance security amount is to be refunded subject to application for the same and production of original money receipt by the Complainant. On receipt of the above communication the Complainant vide it's letter No. 37 Dt.05/11/2015 informed the Opposite Party about loss of original money receipt of security deposite and applied for release of same. The Opposite Party inconsideration of the letter of the Complainant asked vide its letter No.5049 Dt. 23/12/2015 to produce copy of FIR, affidavit, Indemnity bond and newspaper publication as to loss of original money receipt so as to settle the matter for release of the balance security deposite and the Complainant vide his letter No. 35 Dt. 28/05/2016 after lapse of five month to submitted the records with Opposite Party for consideration for release of the balance security deposite and the Opposite Party on receipt of the records from the Complainant forwarded the same to the competent authority vide office letter No. 2783 Dt.24/06/2016 for necessary decision in the matter and further the competent authority vide it's letter No. WESCO/COM/BG-050019/1555 Dt.03/08/2016 directed the Complainant to resubmit all money receipt number, date and amount paid and accordingly the Opposite Party also vide it's office letter No. 3577 Dt.18/08/2016 intimated the Complainant to resubmit the records as directed for refund of the balance security deposite but the Complainant without complying above direction has unnecessary filed this complaint causing further delaying in settling the matter. In the above circumstance the Opposite Party claims the absence of his in action in responding to the requirement of the Complainant and it is for the fault of the Complainant that the matter could not be settled till date.
The Opposite Party further in his version denied the fact that, the Complainant is a consumer under the Opposite Party and the conduct of the Opposite Party for delaying tactics in refund of the security deposite as unfair trade practice, negligence and deficiency in service and that the Complainant is otherwise also entitled for the relief and that the Opposite Party should be directed to refund the balance security deposite amount of Rs.6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only to the Complainant with applicable interest besides penal interest 18%(eighteen percent) per annum with effect from Dt.28/08/2015 and that the Opposite Party may be directed to pay Rs.10,000/-(Rupees ten thousand)only towards litigation expenses and harassment to the Complainant. Further the version reveals that in response to loss of original money receipt and approach of Complainant to release the balance security deposite, the Opposite Party has sincerely followed necessary action and the Complainant has failed to comply the direction and further without any reason foisted the complaint only to harass the Opposite Party.
The Opposite Party seeks the direction of the Forum to dismiss the complaint against him.
The Opposite Party in support of his contention has relied upon the copy of the following documents:-
The copy of Opposite Party letter No. 3323 Dt.28/08/2015(Annexure-1)
The copy of Complainant letter No. 37 Dt,05/11/2015 (Annexure-2).
The copy of Opposite Party letter No.5049 Dt.23/12/2015(Annexure-3).
The copy of Complainant letter No.2783 Dt.24/06/2016(Annexure-4).
The copy of Opposite Party letter No.2783 Dt.24/06/2016(Annexure-5).
The copy of letter No. WESCO/Com/BG050019/1555 Dt.03/08/2016(Annexure-6).
The copy of Opposite Party letter No.3577 Dt.18/08/2016 (Annexure-7).
Gone through the entire case record, pleadings of the parties, documents available with the case record and heard argument of both the parties and found some admitted facts by the Opposite Party and the issues likely to be decided in this case are as belows :-
Admitted Facts:-
The Complainant is a Company Ltd. represented through its Directors.
Ashok Kumar Lath, his wife and brothers are the Directors of the Company and have started the company to earn their livelihood.
Complainant deposited security amount of Rs.13,16,307/-(Rupees thirteen lakh sixteen thousand three hundred seven)only with the Opposite Party for supply of electricity which amounted to Rs. 13,93,754/-(Rupees thirteen lakh ninety three thousand seven hundred fifty four)only as on Dt.28/08/2015 when the contract between the parties regarding supply of electricity was terminated.
That an outstanding due of Rs.7,62,100.75/-(Rupees seven lakh sixty two thousand one hundred and seventy five paise)only after adjustment as final bill against the Complainant from the available security deposite of Rs. 13,93,754/-(Rupees thirteen lakh ninety three thousand seven hundred fifty four)only the balance security amount is to be refunded subject to application for the same with the production of original money receipt by the Complainant.
The Opposite Party vide it's office letter No. 5049 Dt. 23/12/2015 required the Complainant to submit a copy of F.I.R. as to loss of Original Money receipt and an affidavit, an indemnity Bond and news paper publication of loss of original money receipt so as to settle the matter for release of the balance security deposite to the Complainant.
The Complainant vide its letter No. 35 Dt. 28/05/2016 produced the records as asked for by the Opposite Parties for the consideration of the refund of the balance security amount.
Issues Likely to be decided:-
Whether the Complaint is maintainable before this Forum as the Complainant has not opted to file complaint before the grievance redressal Forum of the Opposite Party for its redressal ?
Whether the Opposite Party is liable for deficiency in rendering consumer service to the Complainant ?
For-what relief the Complainant is entitled for ?
In answering the Issue No.1(one), the Complainant has deposited the security amount as admitted facts with the Opposite Party which is consideration amount to attract the provision of Sec 2 (d) of Consumer Protection Act-1986, the Complainant becomes the Consumer of Opposite Party and as such the Complainant is at right and liberty to file a Complaint before the Consumer Forum, so also as per the provision of Sec 3 of Consumer Protection Act, 1986 a complaint can be lodged in addition to and not in derogation of the provision of any other law for the time being in force and Sec 42 of Electricity Act 2003, does not specifically bar the consumers of electricity to go for their redressal before any other forum. Hence the non filing of complaint before the Grievance Redressal Forum of the Opposite Party by the Complainant is not a ground for the non maintainability of consumer complaint before the Consumer Forum. The Issue No.1(one) is answered in assertive.
In answering the Issue No.2(two), it is an admitted fact that after adjustment of Rs. 7,62,100.75/-(Rupees seven lakh sixty two thousand one hundred and seventy five paise)only from the available security deposite of Rs. 13,93,754/-(Rupees thirteen lakh ninety three thousand seven hundred fifty four)only as final bill against the Complainant, the balance security amount i.e. Rs.6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only remains available to be refunded subject to application submission to documents by the Complainant. The Complainant vide its letter No.35 Dt.28/05/2016 made application for refund of balance security deposite along with the submission of required documents as asked for by the Opposite Party vide its letter No.5049 Dt.23/12/2015 and also the office letter No. 2783 Dt.24/06/2016 of Executive Engineer, Electrical to the Chief Operating Officer, WESCO Utility, Burla in response to its office letter No.1039 Dt.30/11/2015 regarding submission of documents for refund of security deposits to the Complainant, affirm the compliance of submission of all other documents by the Complainant as required by the different authorities of the Opposite Party. The allegation of the Opposite Party regarding non-mentioning of all money receipt numbers, money receipt dates and amount paid by the Complainant is not a prudent and judicial ground to delay the refund of the balance security deposite amount to the Complainant available with the Opposite Party as contract between the Parties has already been terminated since Dt.28/08/2015.
In the circumstance, the facts and law discussed above, the inordinate delay by the Opposite Party to refund the balance security amount to the Complainant showing unreasonable ground in spite of delegent effort by the Complainant to comply the requirement of the Opposite Party regarding refund of balance security deposits, the Opposite Party is liable for deficiency in rendering consumer service to the Complainant. The Issue No.2(two) is answered affirmatively.
In answering Issue No.3(three) the Complainant is entitled for the relief as would be deemed fit by the Forum.
Traversing deep into the matter, owing to the fact of the case and provisions of Law the Forum unanimously arrived at a point and order as follows:-
-: O R D E R :-
The Opposite Party is directed to refund the balance security deposite amount of Rs.6,31,653.25/-(Rupees six lakh thirty one thousand six hundred fifty three and twenty five paise)only to the Complainant along with interest @ 6%(six percent) per annum, with effect from Dt. 28/08/2015 i.e. Date of termination of contract between the Parties within thirty days of the date of this Order, failing which an interest @ 12% (twelve percent) per annum shall be levied against the Opposite Party till the actual date of payment. Further the Opposite Party is directed to pay compensation of Rs. 5,000/-(Rupees five thousand)only towards mental agony and litigation expenses to the Complainant.
Hence the Compliant is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
I agree, I agree, (Sri Pradeep Kumar Dash)
M e m b e r.
(Ajanta Subhadarsinee) (Sri Krishna Prasad Mishra)
M e m b e r. P r e s i d e n t.
