DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 41 of 2009
20th October , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Smt. Kuntala Dei, aged about 65 years
W/o Nimei Charan Sahoo,
At/PO -Kalikaprasad, PS./ Dist- Nayagarh.
———————- Complainant .
-Vrs-
1. Asst. General Manager (Elect.) CESU
NED , Nayagarh. AT/ PO / P.S. / Dist. Nayagarh.
2. Asst.Manager CESU ,S.D.O., Itamati
Dist.- Nayagarh.
3. Jr. Manager(Elect.)
CESU Elect.section, Itamati
P.S. / 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 : - 22-09-2009
Date of hearing : - 08-10-2009
Date of Judgment : - 20-10-2009
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.03225042 and old consumer No. D/401 BGR 3. She has been paying the electricity dues regularly . The O. Ps without any verification enhanced the load factor to 2.5 K.w and prepared electricity bills for 360 units as average consumption from April,2009 . According to the complainant the meter status is O.K. But the O.ps are whimsically imposing dues on the average consumption for 360 units each month. The O.ps are taking Rs.940.64 every month which is illegal and arbitrary. As per the complainant she has been paying the electricity dues regularly upto the month of March, 2009 and by this time there is no arrear outstanding against her. The complainant has sent application to the CESU authorities, Itamati Sub-division, Itamati in the matter of imposition of 360 units every month and in the matter of taking Rs.940.64 paisa as average dues every month. But the O.Ps have n ot taken any action for the revision of the electricity dues.
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 the complainant has undergone harassment and mental agony.
According to the complainant the cause of action arose in the month of April,09 and lastly on 30.8.09 when the son of the complainant approached the O.Ps to revise and correct the arrear bill and to reduce the load factor to 1 K.W and to take the monthly dues as per the meter reading.
The complainant has approached this Forum with a prayer to direct the O.Ps to correct the average arrear bill of dt.14.4.09 onwards and not to demand the present arrear dues of Rs.18,791/- for the month of August,2009; to reduce the load factor from 2.5 K.W to 1.K.W, to direct the O.Ps not to disconnect electricity to her house, to pay Rs.10,000/- towards deficiency in service and to pay Rs.10,000/- towards harassment and litigation expenses.
The complaint petition is not supported by affidavit and the complainant has filed xerox copies of electricity bills which are marked as Annexure-1 to Annexure-2.
The O.Ps have filed written version in which it has been
averred that the averments made in the complaint petition are partly correct . The complainant has not filed any relevant documents before the O.Ps for the revision and correction of the arrear bill as per the electricity law. The complainant should be directed to install a new meter or to test the previous meter by her own cost.
As per the version of the O.Ps there is no deficiency on
their part in providing service to the complainant
The written version 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 complainant has alleged that the O.Ps have enhanced the load factor from 1 K.W to 2.5 K.W and are charging electricity bill on average basis of 360 units per month. She has been paying the electricity dues regularly
but the O.Ps have imposed Rs.18,791/- in the bill for the month of August,2009 The complainant has approached the O.Ps for reducing the load factor from 2.5KW to 1 K.W and to take electricity dues as per meter reading. But the O.Ps have taken no action in this matter.
The O. Ps have averred in their written version that the
statements made in the complaint petition are partly correct. The O.Ps have not mentioned as to which part of the complaint petition is correct and which part is not correct . From the version of the O.Ps it appears that the meter is defective. The complainant has not countered the version of the O.Ps. The O.Ps have not denied that the complainant has approached them for the revision and correction of the arrear bill .
In the light of the aforesaid analysis we are of the opinion that the O.Ps have not taken any action for revision and correction 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 complainant 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 .
Smt. Binodini Devi
Member
Tags: CESU Elect.section