DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 33 of 2009
14th December , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Sri Sudarsan Biswal, aged about 52 years
S/o Narasingh Biswal,
Vill/P.O : Chahali P.S/ Dist- Nayagarh.
———————- Complainant .
-Vrs-
1. Asst.General Manager (Elect.) CESU
NED , Nayagarh. AT/ PO / P.S. / Dist. Nayagarh.
2. Asst.Manager ( Commerce ) CESU
NESD , Nayagarh. AT/ PO / P.S. / Dist. Nayagarh.
3. Jr. Manager(Elect.) (Peripheri)
CESU Elect.section, Nayagarh
AT/ PO / P.S. / Dist. Nayagarh.
—————- Opp . Parties .
Counsel for the complainant : - Sri A.K.Mohapatra ( Advocate )
Counsel for the O.Ps : - Sri R.K.Sahoo ( Advocate )
Date of appearance of O.Ps : - 28-08-2009
Date of hearing : - 23-11-2009
Date of Judgment : - 14-12-2009
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.03057150 and old consumer No.D656 NGR I. The contract load factor of the said consumer number was 1.5 K.w and the meter number is SUZ 0278042. The complainant does not have the luxurious materials like Freeze, Grinder, Heater etc. The O.P.No.2 in his inspection report has alleged that the complainant has by-passed the meter by inserting a red wire in the meter. The O.Ps sent a provisional penal assessment order dt. 12.5.09 along with a provisional order which the complainant received on 26.5.09 in which the O.ps have enhanced the load factor from 1.5 KW to 3 K.W and have imposed a penal amount of Rs.25,969.60p without verification of the complainant’s premises. After receiv ing the said order the complainant immediately contacted the O.ps and challenged the said illegal order and requested the O.P.No.2 to consider the said illegal order but the O.P.No.2 did not listen to his grievances. The O.P.No.1 has neither followed the provision of sec 126 of the electricity act nor allowed to raise any objection without giving the complainant the opportunity of hearing and sent the penal bill by adding the amount for the month of June,2009 and the total due amount was Rs.30,496/-. The O.ps are threatening to disconnect power supply if the said illegal amount is not paid. The O.ps have not prepared the physical verification report as no verification of the complainant’s premises was under taken. The complainant is ready for physical verification by an export electric
contractor of the department at any time. As per the allegation of the complainant the enhancement load factor from 1.5 k.w to 3 K.w and the imposition of the penal amount is illegal.
As per the complainant the cause of action arose on 7.5.09, 12.5.09, 27.5.09, 28.6.09 and 15.7.09.
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 he has undergone harassment and mental agony.
The complainant has approach this Forum with prayer to direct the O.ps to correct the provisional penal bill dt. 12.5.09 and not to impose the penal amount of Rs.25,959/60p , to direct the O.ps not to enhance the load factor from 1.5 K.W to 3 K.w., to direct the O.ps to pay Rs.10,000/- for deficiency in service, Rs.10,000/- for mental agony, Rs.10,000/- for harassment, Rs.10,000/- for financial loss and Rs.5000/- towards litigation expenses
The complainant has filed xerox copies of some document which are marked as Annexure-1 to Annexure-3.
The O.ps have filed written version in which they have averred that the complainant has concealed the fact of the meter by passing. The complainant has by passed the meter by inserting a red colour wire in the input phase of the meter to out put kit kat. The complainant has unauthorizedly used Freeze, grinder, heater etc. for which the load factor was enhanced from 1.5 K.w. to 3 k.w.. The O.ps used to take meter reading by the non technical person. The complainant used to insert wire in the input phase of the meter to out put kit kat in order to stop the functioning of the meter. He used to remove the wire before meter reading and again inserts it after the meter reading is over. The M.R.T squad of the O.ps on 7.5.09 verified the meter and seized the wire on the spot which was inserted to stop the functioning of the meter. The O.ps as per law imposed penal amount and enhance the load factor as the complainant unauthorizedly used Freeze, grinder , Heater etc. The complainant refused to sign on the physical verification report . The O.ps have followed the provision of Sec.126 of Elect. Act. The O.Ps have legally imposed the penal bill on the complainant and sent it to him by letter No.830 dt. 12.3.09.
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 is supported by affidavit and the O.ps have filed Xerox copy of some documents which are marked as Annexure-A to Annexure-C.
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 he has not by-passed
the meter and the O.Ps have arbitrarily enhanced the load factor from 1.5Kw to 3 K.W and have illegally imposed the penal amount of Rs.25,969/60p . As per his allegation he has not used Freeze, Grinder, Heater etc.
The O. Ps in their written version have averred that the M. R .T.
squad on 7.5.2009 verified the premises of the complainant and found that the complainant has by-passed the meter by inserting one red colored wire in the input phase of the meter to the out put kit kat and was running Freeze, , grinder and Heater etc.. The complainant has unauthorizedly used the electricity for the above materials.
Annexure-1 to Annexure-3 are filed by the complainant.
Annexure-1 is the xerox copy of the electricity bill for the month of June,09.
Annexure-2 is the xerox copy of the provisional assessment for unauthorized use of electricity dt. 12.5.2009.
Annexure-3 is the xerox copy of provisional order.
Annexure-A to Annexure-C are filed by the O.ps.
Annexure-A is the xerox copy of provisional assessment for un-
authorized use of electricity dt. 12.5.09.
Annexure- B is the xerox copy of the provisional order dt.12.5.09.
Annexure – C is the xerox copy of the physical verification report
dt. 7.5.09.
The physical verification report vide Annexure - 3 and vide Annexure-C shows that the dispute is related to meter by passing. The O.Ps have averred that the complainant has by passed the meter for which penal bill was
imposed on him but the complainant has challenged the meter by passing report of the O.Ps.
In this connection the findings of the Hon’ ble State C. D. R.
Commission , Orissa, Cuttack , is note worthy-
“ The Hon’ ble State C. D. R. Commission, Orissa while
adjudicating the matter of meter tampering/by passing
and imposition of penal bill in case No.48/03, between
Fakir Charan Behera-Vrs-CESCO., BBSR and others
have disposed of the case on 14.10.03 with a direction
to the complainant to move the Designated Authority of
the O.Ps for adjudication of the dispute ”
Going by the aforesaid order of the Hon’ ble State C. D. R.
Commission , Orissa, Cuttack we feel it necessary to direct the complainant to move the Designated Authority of the O.Ps for adjudication of the dispute.
In the circumstances of the case we are not inclined to award any relief cost or compensation to the complainant.
Hence it is ordered .
O R D E R
The complainant is directed to move the Designated Authority of the O.Ps for adjudication of the grievance. Parties are left to bear their own cost.
Sri P. K. Pattanaik
President .
Smt. Binodini Devi
Member