OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAGATSINGHPUR
PRESENT:- SRI S.N.MISHRA,PRESIDENT.
A N D
SRI B.C. SWAIN, MEMBERS.
MRS. M.M.RATH, MEMBERS.
Consumer Complaint No.78 of 2008
Date of Filing: -12.06.2008
Date of Judgment: -30.01.2009
Malati sahoo
w/o-Hadibandhu sahoo
vill-sujauddin nagar
Po-Manijanga
Ps-Tirtol
Dist-Jagatsinghpur
………………………….complainant
Versus
1. Manager,CESCO,Jagatsinghpur
2. Asst.Manager, CESCO,Tirtol
At/Po-Tirtol
Jagatsinghpur
1. Jr.Manager , CESCO,Tirtol
At/Po-Tirtol
Jagatsinghpur
………………………..opp.parties
In short the case of the complainant is that he has been availing energy from o.ps. vide No.0417251 for domestic consumption since 1999 and installed a meter to record consumption of energy and paid the consumption charges regularly. But vide bill dt. 22.10.07 the CESCO (o.ps.) served a bill on her demanding arrear of Rs.5,562/-. The meter reading has not been taken to account while submitting bill since inception . the CESCO Deptt.(o.ps) are not considering her allegation in this regard but threatening to disconnect the line hence she sustained mental agony and filed this complaint.
In their joint written version these o.ps. (CESCO) have challenged the maintainability of this proceeding in law and facts due to want of cause of action. According to these o.ps. this proceeding is barred by law of limitation hance not maintainable. Disputing the consumer number of complainant and stating the correct number as 03265942 it is submitted that complainant is not regular payee of consumption charges. Admiting issuance of demand note dt.22.10.07 for Rs.5,562.40 towards arrear it is submitted that such arrear is increasing day by day due to non clearing of the same, hence power supply may be with held for non making payment of such dues in future days to come as such no deficiency in service has been caused to complainant.
Out of such pleadings of both the parties as stated above, it seems to be an admitted case that complainant is consuming electric energy from o.ps. on payment of consumption charges, as such, coming within meaning of ‘consumer’ defined in the Act. The contention of complainant vide para-3 of complaint petition that on 22.10.07 for the first time the CESCO people served a bill demanding Rs.5,562.48 towards arrear is not accepted as is contradicting to evidence on record. Said arrear has been shown vide bills 19.06.04 onwards available on record . from May 04 onwards till 18.11.07 it is revealed that meter reading are taken to account while serving usual bills. Therefore allegation of complainant that meter reading is not taken to account while preparing and submitting bill stands rejected.
Out of Xerox copy of written allegation dt. 16.7.04 of complainant to J.E. Rahama section it is revealed that bills dt. 30.11.03, 27.10.03 and 28.09.03 for Rs.150/- + Rs.200/- + Rs.300/- + Rs.500/- = Rs.1,150/- though are being paid by complainant these o.ps. has not done necessary correction. It is not known whether such correction is carried out, or , not. This evidence of the year 16.7.04 needs no challenge/ interference within this Act in this proceeding as is his U/s.24 of the Act. Out of notice dt.14.11.07 of complaint case No.GRF/JED/52/07 it is again revealed that a dispute between both the parties was subject matter before the competent authority within OERC rules and Acts and the out come of said proceeding is not placed on record by either of the parties.
Under such facts of this complaint the sole allegation of complainant being revision of bills , the O.Ps. would not be prejudiced in any manner if be directed to bring necessary revision/ correction of bills relating to complainant and submit fresh bill taking the previous payments and present meter reading to active consideration enabling complainant to make payment of such bill on easy installments in the ends of natural justice.
ORDER
In the result this complaint is allowed in part on contest against opposite parties without cost . the opposite parties shall have to revise the bills in consonance to actual units consumed by complainant taking present meter reading to account adjusting previous payments of Rs.1,150/- and submit a fresh and corrected bill to complainant within 30 days from the date of order.
Pronounced in the open forum on 30th day of January,2009.
Smt.M.M.Rath B.C.Swain S.N.Mishra
MEMBER MEMBER PRESIDENT