DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 07 of 2009
30th April, 2009
BEFORE :
Sri P. K. Pattanaik , President ,
Sri P. K. Mishra, Member
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Brahmanjali Sahoo , aged about 34 years
W/o Prasanna Kumar Sahoo,
C/o Brajabandhu Sahoo Vill /P.O:- Bahadajhola
PS- Odagaon 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/PS: Odagaon Dist:- Nayagarh
3. The Junior Engineer(CESU) Elect.
sub-Division, CESU At/PO/PS: Odagaon Dist:- Nayagarh
—————- Opp . Parties .
Counsel for the complainant : - Sri M.K.Nayak( Advocate )
Counsel for the O.Ps : - Sri R.K.Sahoo ( Advocate )
Date of appearance of O.Ps : - 20-02-2009
Date of hearing : - 07-04-2009
Date of Judgment : - 27-04-2009
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. 01-077 with 8 k.w load factor . The complainant had taken the electricity connection to her Oil and Rice Mill in order to earn for livelihood by means of self employment and had been paying the electricity dues up to the year 2003. But in the Month of December,2003, the O.Ps sent disconnection notice to the complainant as an amount of Rs.29,234.40 was outstanding as arrear against the complainant. The O.Ps had given 7 days time to the complainant to deposit the arrear dues failing which power supply would be disconnected to the mill. As the complainant could not deposit the arrear dues, the O.Ps disconnected power supply to the mill unit on 12.1.2004. Thereafter the Complainant’s guardian Sri Brajabandhu Sahu requested the O.Ps to accept Rs.5000/- and to restore power supply but the O.Ps did not listen to him and removed the copper wire which was there at the main pole upto the mill premises. As per the version of the complainant power supply was disconnected to the mill premises on 12.1.04 but the O.Ps have raised the arrear dues from Rs.29,224.40 to Rs.53,469/- upto August,2008. The complainant approached the O.P.No.1 in the matter of the increase in the arrear dues but the O.P.No.1 did not listen to
her grievances. The Oil mill and the rice mill were the source of income for her to maintain her livelihood and to maintain her family but due to the illegal increases in the arrear dues, she could not take the power connection to her mill premises. Since the date of disconnection on 12.1..2004 the complainant has undergone harassment and mental agony and her family member have faced a lot of financial problems. The complainant on 15.1.09 approached the O.Ps to receive Rs.10,000/- an d to restore power connection but the O.Ps have taken no steps in the matter of restoration of power supply. The complainant has no source of income to deposit the illegal arrear amount of Rs.53,469/- at a time and due to the deficiency in service on the part of the O.Ps she has suffered a lot both mentally and financially. As per 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.
The complainant has approached this Forum with a prayer
to direct the O.Ps to receive Rs.10,000/- and to restore power supply, to revise and correct the bill from January, 2004 till date, to pay Rs.25,000/- towards harassment and mental agony, and to pay Rs.10,000/- towards litigation expenses.
The complaint petition is not supported by affidavit . The complainant has filed original/Xerox copies of some documents which are marked as Annexure-1 to Annexure-4
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 made in the complaint petition are partly correct. As per the version of the O.Ps, the complainant has not filed any relevant documents before the O.Ps for
the up-to date revision and correction of the arrear dues . As per their version if the complainant will submit the relevant documents, then the O.Ps will try to correct and revise the bills as per electricity law.
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 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 allegation of the complainant is that power supply to her mill premises was disconnected on 12.1.04 by the O.Ps as the complainant could not deposit the arrear dues of Rs.29,234.40. The O.Ps had removed the copper wire from the main pole to the mill premises. But the O.Ps have raised the arrear dues from Rs.29,234.40 to Rs.53,469/- on 8.12.2008. The complainant had protested to the O.ps against such illegal hike in the arrear dues when there was no power supply to her mill premises. Burt the O.Ps did not listen to her. Thereafter the complainant offered Rs.10,000/- to the O.Ps and requested them to restore power supply but the O.Ps have taken no steps for the restoration of power supply. The Mill is the only source of her income to earn her livelihood and also to maintain the family. Due to the illegal act of the O.Ps she has been facing a lot of financial problems .
The O.Ps have admitted in their written version that the allegation contained in the complaint petition is partly correct and the O.Ps will correct and revise the arrear dues if the complainant will submit the relevant documents.
Annexure- 1 to Annexure-4 are filled by the complainant.
Annexure- 1 is the disconnection notice in original dt. 27.12.03 .
Annexure- 2 is the bill dt. 30.4.03 for Rs.29,190/-
Annexure- 3 is the xerox copy of the application dt. 15.1.2009by the complainant to O.P.No.1 in the context of correction of the bill and for restoration of power supply.
Annexure-4 is the xerox copy of a calculation sheet of arrear dues which shows Rs.53819/- as arrear by August,2008.
The O.Ps have not filed any document to show the reason for which the arrear dues have been increase from Rs.29,190.00 vide bill dt. 30.4.03 to Rs.53,819/- by August,2008.
The complainant has alleged that power supply was disconnected to her mill premises on 12.1.2004 and the wire was removed from the main pole to the mill premises.
The O. Ps have not countered the above said version of the complainant . The O.Ps have averred in their written version that the statements made in the complaint petition are partly correct. But the O.Ps have not mentioned in their written version as to which part of the complaint 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 disputed bill for the month of August,2008.
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 complainants 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 month 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