DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BOLANGIR
Present:-
1. Sri D.K.Tripathy, President
2. Smt. K. Rath, Member
3. Sri. N.P.Joshi, Member.
Dated, Bolangir the 29th day of December 2009.
C.D.C.No.79 of 2009
Anil Kumar Agrawal, S/o: Late Ram Pratap Agrawal,
Resident of Kantabanji, P.O/P.S: Kantabanji,
Proprietor of Gurukalyan Rice Mill, Kurli,
P.O: Chatuanka, P.S: Kantabanji, Dist: Bolangir.
Complainant
-Versus-
WESCO, represented through Executive Engineer,
Titilagarh Electrical Division, Titilagarh,
At/P.O/P.S: Titilagarh, Dist: Bolangir
Opp. Parties
29.12.2009 ORDER:
Sri. N.P.Joshi, Member
1. The brief facts of the case is that the complainant being the proprietor was running a rice mill in village Kurli near Kantabanji in the name and style M/S. Gurukalyan Das Rice Mill, as the said rice mill did not suit the complainant he converted the rice mill into cotton processing mill in the name and style M/S. Om Organic Cotton Pvt. Ltd. The electric supply connection to the rice mill was given treating it to be a large scal industry and the requirement for the Mill was 111.6 k.w. The complainant informed the O.P to treat the newly started cotton mill as medium scale industry and supply only 95 k.w. instead of 111.6 k.w but no effective action has been taken regarding the conversion. There were many official correspondences in between Superintending Engineer (Commercial) and General Manager (Tech) and also with O.P. In spite of the facts the O.P was charging electric bills at the previous rate and consump the rice mill.
2. On dt 01.01.2009 O.P wrote a letter to the Dr. General Manager (Tech), requesting him to approve the proposal of the complainant. But no action was taken by the WESCO. Doing aggrieved by the action of the O.P the complainant has taken shelter of the Forum on dated 10.09.2009.
3. As against the complainant’s allegation, the version of the O.P is that, M/S. Gurukalyan Das Rice Mill bearing consumer No. BLNS 12-0030 was the proprietor filling under large-Industry category. The name was changed from M/s. Gurukalyan Das Rice mill to M/s. Om Organic Cotton Pvt. Ltd. vide letter No.524(4) dt 12.5.2009 of S.E.(Com) Burla. Permission for reduction of contract demand of N/S: Om Organic Cotton Pvt. Ltd. from 111.6 k.w to 95 k.w was allowed by G. M.(Com),WESCO , Burla vide letter No.1011(5) dt 28.8.2009 and the same was received by O.P an dt 9.09.2009. The agreement was executed on dt 11.9.2009 under medium industry category in 95 k.w between the O.P and the complainant.
4. After going through the records and hearing the parties, we came to the conclusion that as the complainant had deposited the processing fees Rs 1,000/- on dt 1.1.2009, there is no need to pay further. Further we foal that asking for test report from the licensed contractor is as per the DERC, regulation (Condition and supply Code-2004), clause No. 68(2) reduction of contract demand is genuine. We foal that there is no deficiency of service on the part of the O.P as the complainant has not submitted the final test report in proper time.
Hence ordered;
The O.P is directed to reduce electric supply from 111.6 k.w to 95 k.w as per the agreement between the parties dt 11.9.2009, within a week, after submission final test report from a license contractor, complainant. The O.P is further directed to revise the electric bills of the complainant from dt 11.9.2009 holding consumption fix of 95 k.w per month and if any excess amount has been paid by the complainant the same shall be adjusted in the future bills.
No cost is awarded, in the facts and circumstances of the cases.