DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 08 of 2009
20th April, 2009
BEFORE :
Sri P. K. Pattanaik , President ,
Sri P. K. Mishra, Member
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Dibakar Raut , aged about 36 years
S/o Dayanidhi Raut, Principal Incharge
Bainshsidhar Mahavidyalaya, Itamati
At /P.O:- Itamati
PS / 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: Itamati Dist:- Nayagarh
3. The Junior Engineer(CESU) Elect.
sub-Division, CESU At/PO/PS: Itamati 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 : - 25-02-2009
Date of hearing : - 07-04-2009
Date of Judgment : - 20-04-2009
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 the Principal in charge of Bansidhar Mahavidyalaya, Itamati and Si Umesh Chandra Pattanaik was the Secretary of the said Mhavidayalaya. Power supply was given to the said college in the year October, 1997 in the name of Umesh Chandra Pattanaik, the Secretary of the college and the consumer A/c number was NLI-323 with 2 K.W load factor. In the last electricity bill dt. 9.5.05 , the arrear dues was Rs.9946/- against the consumer No. NLI-323 . But in the year 2003 the O.Ps without extending a separate connection issued a bill amounting to Rs.88,084.14 paisa against the new A/c No. 032291`50. The complainant challenged the said bill amount by sending letters to the O.Ps on 14.3.03and on 6.5.2005. The complainant had not applied for a separate connection to the college but the O.ps have charged the bill amount by showing a new A/c number .As per the complainant when there was no separate connection from the main pole, the bill against a new A/c number is illegal . The President of the college had approached the Superintending Engineer , Electrical circle- I I , Bhubaneswar in the matter of illegal billing and the Superintending Engineer forwarded the letter to the A.G.M., Nayagarh on 22.9.2005 to consider the matter but the O.Ps have taken no steps in the matter of the revision of the arrear dues . The O.Ps are threatening to disconnect power supply to the college premises without giving any reason for the new A/c number when there is no separate power connection to the college premises . The complainant has filed the bill dt. 10.1.09 for
January 2009in which the arrear amount is shown as Rs.89,420.43 and the total bill amount is shown as Rs.89817/-. The complainant has challenged the said bill. 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 for which he was undergone harassment and mental agony.
The complainant has approached this Forum with a prayer to
direct the O.ps to calculate the bill amount against A/c No.NIL-323 upto 5/2005, to direct the O.Ps to exempt the DPS charges, to revise the electricity bill for the month of January,2009 , to direct the O.Ps to pay Rs.6000/-towards mental agony, Rs.3000/- towards harassment and Rs.2000/- 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-6
The O. Ps have filed written version in which it has been
averred that the case is snot maintainable. The O.Ps have averred that the statements contained in the complaint petition are partly correct. The complainant has not filed any documents before the O.Ps to revise and correct the arrear dues still to-day. If the complainant will submit the relevant documents, then the O.Ps will try to revise and correct the arrear bill and will consider the D.P.S charges as per the 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 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 allegation of the complainant is that without giving a
separate connection to the college premises, the O.Ps have issued electricity bills against a new A/c number No.03229150. The old A/c number was NLI-323. The complainant has challenged the bill dt. 10.1.09 for January,2009 in which the arrear amount is shown as 89,420.43 and the total bill amount is shown as Rs.89,817/-. The complainant has protested against the bill amount before the O.Ps but the O.Ps have remained silent. The complainant has also challenged the D.P.S amount contained in the disputed bill.
Annexure- 1 to Annexure-6 are filled by the complainant.
Annexure- 1 to Annedure-3 are the xerox copies of the letters by the complainant to O.P.No.2 in the mater of revision and correction of the disputed bill.
Annexure- 4 is the bill dt. 10.1.09 for the month of January in which an arrear amount of Rs.89420.43 is shown and the total amount is shown as Rs.89817/- against new A/c No.03229150.
Annexure- 5 is the bill for the month of April,2005 against A/c No. NLI-323 in which the bill amount is shown as Rs.9946/-including the D.P.S amount of Rs.268/-.
Annexure – 6 is the application by the complainant to the Superintending Engineer, Electrical, Bhubaneswar in the matter of revision of the electricity bill.
The O.Ps have averred in their written version that the statements made in the complainant 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 had made an applications to O.Ps. for the revision and correction of the disputed bill . They have averred that if the complainant will produce the relevant documents, then the O.Ps will try to revise and correct the disputed 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 bills in respect of A/c No. NLI-323 and new A/c No.03229150. They are also directed to look into the D.P.S charges and revise the bills accordingly. After correction and revision of the disputes bill, the O.Ps shall 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 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