DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .

C.C. Case  No.  14  of   2009

30th June ,  2009 .

BEFORE :

Sri  P. K.  Pattanaik ,  President ,

Sri   P. K. Mishra,   Member

AND

Smt.  Binodini  Devi ,  Member .

Name  of  the  Parties .

Baikuntha Nayak , aged about  61  years ,

S/o – Late Chakradhar Nayak ,

Vill / P.O – Itamati ,

P.S / Dist : -  Nayagarh  .

—————  Complainant .

- Vrs -

1.   The Executive Engineer(A.G.M)

Elect. Division , CESU,At/P.O./P.S./Dist:- Nayagarh

2.   The S.D.O.,(AMC) Electrical sub-Division, CESU

At/PO: Itamati PS/ Dist:- Nayagarh

3.   The Junior Engineer(CESU) Elect. sub-Division, CESU

At/PO: Itamati PS/ Dist:- Nayagarh

—————- Opp . Parties .

Counsel for the complainant :               -  Sri K.C.Sahoo,     ( Advocate )

Counsel for the O.Ps :                            -  Sri R.K.Sahoo,     ( Advocate )

Date of appearance of O.Ps :                 – 30-04-2009

Date of  hearing :                                    -  08-06-2009

Date of  Judgment :                                – 30-06-2009

J  U  D  G  M  E  N  T

P. K.  Pattanaik , President :-

Deficiency in service on the part of the O.Ps is the grievance of  the complainant .

The  complainant’s  case  in  brief  is  as  follows : -

The complainant  is a consumer under the O. Ps     having consumer No.  D16B028 / 006 and new  A/c No.  03197090.         He has been paying electricity dues regularly. The O.ps demanded Rs.2000/-out of the total arrear dues of Rs.6629 from the present arrear amount .  The O.Ps have been charging bills on average basis since 2004 .  According to the complainant he did not have any arrear dues but the O.Ps are whimsically and arbitrarily charging the arrear dues.  The complainant approached the O.Ps to revise and correct the arrear bill. The O.ps assured him to revise and correct the  arrear bill but they have not taken any action till date to revise and correct the arrear bill .  On the other hand, the O.Ps are demanding 30%  of the total arrear dues.  The meter status is O.K. and the complainant is paying the monthly bills regularly. When the complainant  expressed his inability to pay 30% of the total arrear dues, the O.Ps thretained to disconnect power supply to his premises.

According to the complainant the O.Ps have not performed their duty in the manner in which they are expected to do so and as such the O.Ps are guilty of deficiency in service for which the complainant has undergone harassment and mental agony.

The complainant has approached this Forum with a prayer to direct  the  O.Ps to pay him Rs.10,000/- towards deficiency in service and Rs.5,000/- towards litigation expenses, to direct the O.Ps for the revision and correction of the arrear bill from 2004  till date and not to demand 30% of the total arrear amount of Rs.6629/- which is shown in the bill for March, 2009.

The complaint petition  is not supported by affidavit but the complainant has filed xerox copies of electric bills for the months of February, and March,2009 and Xerox copy of money receipt dt. 28.2.09 and these Xerox copies are marked as Annexure-1 to Annexure-3.

The O.Ps have filed written version in which it has been averred that the case is not maintainable.  The O.Ps have averred that the statements contained in the complainant petition are partly correct.  The complainant has not filed any document before the O.Ps to revise and correct the arrear dues till date.  If the complainant will submit the relevant documents, then the O.Ps will try to revise and correct the arrear bill.  As per the version of the O.Ps there is no deficiency on their part in providing  service to the complainant and as such the case against them needs to be dismissed with cost.

The written version of the O. Ps is supported by affidavit.

On the pleadings of the parties , we take up the issue of deficiency in service for adjudication .

F  I   N   D  I  N  G  S

Section (2) (1) (g) of the C.P ACT defines  “Deficiency” as under :-

“Deficiency means any fault,imperfection,shortcoming or inadequacy

in the quality,nature and manner of performance which is required to be

maintained by or under any law for the time being in force or has been

undertaken to be performed by a person in pursuance of contract or

otherwise in relation to any service  ”.

The complainant has alleged that he has been paying the electricity dues regularly but  the bill for the month of February shows an arrear amount of Rs.6533.18  and the bill for March,2009 shows the bill amount of Rs.6629/-   The complainant has approached the O.Ps to correct and revise the said bills as he has been paying the electricity dues regularly.  The O.Ps assured him to revise and correct  the arrear bill .  But instead of revising and correcting the arrear bill, the O.Ps are demanding 30% of the total arrear dues and are threatening to disconnect power supply if the complainant will not deposit 30% of the total arrear dues.  Such type of activity  of the O.ps has put the complainant in harassment and mental agony and as such the O.Ps are guilty of deficiency in service.

The complainant has filed Xerox copy of the electricity bills and money receipt which are marked as Annexure-1  to  Annexure-3.

Annexure -1 relates to the electricity bill for the month of March,2009 in which   the amount due is shown as as Rs.6629/-.

Annexure-2 relates to the electricity bill for  February,09 in which  amount due is shown as Rs.6660/-.

Annexure-3 relates to the money receipt dt. 23.2.09 for Rs.150/-.

The O.ps have averred in their written version that  the statements  made in the complaint petition are partly correct.  The O.ps have not mentioned as to which part of the complainant petition is correct and which part is not correct .  They have not denied that the complainant has  approached  them for the revision and correction of the arrear bill.

In the light of the aforesaid analysis we are of the opinion that the O.Ps have not taken any action for the correction and revision of the disputed bill  for which we hold that  the O.Ps are guilty of deficiency in service.

Hence  it  is  ordered   .

O R D E R

The  complainant’s  case  is  partly allowed on contest against the O.Ps.  The  O.Ps are directed to correct and revise the arrear bill of the complainant and to provide a revised bill to the complainant . The complainant is also directed to provide the relevant documents to the O.Ps for the said correction and revision of the arrear bill.  The O.Ps shall carry out this order within two months  from the date of communication of this order.  No order as to cost.

Sri  P. K. Pattanaik

President .

Sri  Pravakar  Mishra                               Smt. Binodini  Devi

Member                                                   Member