Archive for November, 2009

Ratha Mallick v Executive Engineer Southco,Phulbani

Monday, November 30th, 2009

BEFORE THE PRESIDENT,DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,PHULBANI.

C.C.NO.44 OF 2007

PRESENT: SHRI ASHOK KUMAR BEHERA,PRESIDENT.

SMT.NIRUPAMA PANDA, MEMBER

SHRI ADIKANDA PRADHAN,MEMBER.

Sri Ratha Mallick,aged 53 years,

S/oLate Bhagaban Mallick,

Of L.I.C.Colony,3rd. Line,

Kendupadar,Phulbani,

Dist.Kandhamal …………………..Complainant.

VS

1.The Executive Engineer,

Southco,Phulbani.

2.The Asst.Engineer,

Southco,Phulbani. …………………..Opposite Parties.

For the Complainant.

For the OppositeParties.

Date Of Order :30.11.2009

ORDER

The Complainant is a consumer under the Opposite Parties having domestic connection bearing consumer no.1005/E-67 and he is paying his energy bills regularly on receipt of bills from the Opposite Parties.The Complainant deposited the bill amount of Rs.277.00 for the month of May,2007 and obtained receipt vide No.391952 dated 20.06.2007.That the Complainant was shocked when he received the energy bill for the month of june,2007 for an amount of Rs.2403.00 which was abnormal and excessive.The energy bill was not issued on the basis of number of units

consumed for June.2007.But the Opposite Parties demanded such a big amount without any basis.So the Complainant approached the Opposite Parties for correction of the defective bill.But the Opposite Parties without hearing anything directed the Complainant to deposit the said bill

amount.So being aggrieved, the complainant has filed this dispute.The Complainant has submitted that the Opposite Parties have issued a defective and exaggerated bill.The Complainant has approached the Opposite Parties for number of times for correction of bill but the Opposite Parties have not taken any steps for correction of the bill which amounts to deficiency of service by the Opposite Parties.

The Opposite Parties appeared before the Forum and have filed their counter.In their counter the Opposite Parties have submitted that the complainant has suppressed the truth about the electric department squad J.E. Inspected the premises of consumer on 19.04.2007 at 11A.M and found T.P.Box seal was broken.The bill issued by the Opposite Parties includes penalty of Rs.2403.00 in June 2007 on the basis of the L.C.C report in addition to his regular energy consumed bill.That as the Complainant has suppressed the truth and did not approach this forum with clean hands, he is not entitled for any relief as claimed.The Opposite Parties have submitted that the penal bill have been issued as per the provisions under Electricity rules and there is no deficiency on the part of the Opposite Parties and the petition filed by the Complainant may be dismissed in the interest of justice.

Perused the complaint petition, counter and documents filed by the parties.Perused the bill for the month of June 2007 which shows that the Complainant has consumed only 161 units of power but the Opposite Parties have not issued the bill on the basis of actual units consumed during the relevant period.But the Opposite Parties have issued a defective bill for Rs.2403.00.The Opposite Parties have not submitted the L.C.C report and any other documents in order to prove that the T.P.Box seal was broken. Under the above circumstances we have observed

that the Opposite Parties have issued a defective bill and inspite of repeated approach by the Complainant they have not taken any steps for correction of the bill.The Opposite Parties have made deficiency in extending proper service to the Complainant.Hence we direct the Opposite Parties not to recover the arrear amount of Rs.2054.00 from the energy bill i.e. June,2007 and to prepare a correct bill for the disputed period.We direct the Opposite Parties to comply this order within 30 days from the date of receipt of this order.

MEMBER MEMBER PRESIDENT