DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 32 of 2009
14′ th December, 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Sri Balunkeswar Mishra, aged about 48 years
S/o Late Sankarsana Mishra,
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 : - 26-08-2009
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 using the electricity which was supplied against the consumer No.03057389 with 1 K. w. load factor. The said consumer number is standing in the name of his late father. After the death of his father the complainant has been availing power supply,against the said consumer number with 1 K.W load factor. But the O.Ps without any verification of his premises enhanced the load factor arbitrarily from 1 Kw to 4Kw and imposed penal amount which is illegal. The complainant is a poor person and he does not have Freeze, Grinder, Tube lights, Heater or any 2 H.P. Motor in his house. A meter bearing No.SUZ 0278041 is installed in his house and as per the meter reading he has been paying the electricity dues regularly . As per the complainant the O.P.No.2 had not inspected the complainant’s premises and also had not detected any wire for by passing the meter on 7.5.09. The O.Ps prepared a false verification report on 7.5.09 and enhanced the load factor from 1.Kw to 4 Kw and imposed a penal amount of Rs.37,028/80p which is illegal. The complainant personally approached the O.Ps for consideration of the false inspection report and the illegal penal amount but the O.Ps did not listen to his grievances and threatened to disconnect power supply unless the provisional penal amount is paid . The complainant is prepared to have inspection by a technical person in respect of load factor of his house . But the O.Ps did not take any action for doing so .
As per the complainant the cause of action arose on 7.5.09,12.5.09 and on 15.7.09 when the O.Ps demanded the penal amount and threatened to disconnect power supply .
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 the complainant had undergone harassment and mental agony.
The complainant has approached this Forum with prayer to declare the inspection report dt. 7.5.09 as illegal, to direct the O.Ps not to enhance load factor from 1 Kw to 4 Kw , to declare the provisional order dt. 12.5.09 and the imposition of penal amount as illegal, to direct the O.ps to pay Rs.10,000/- for mental agony , Rs.10,000/- for harassment Rs.10,000/- for deficiency in service, Rs.10,000/- for financial loss and s.5000/- for litigation expenses.
The complainant has filed 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 complainant has intentionally concealed the fact of meter by passing and unauthorizedly used 2 H.P motor for spice manufacturing . The O.Ps used to take meter reading by their non-technical persons. The complainant used to insert wire into the input phase of the meter to out put kit kat in order to stop the meter. Before meter reading he used to remove the wire and again inserts it after the meter reading is over. The M.R.T. squad on dt. 7.5.2009 at about 11.30 A.M inspected the premises of the complainant and found that a black coloured wire was inserted into the input phase of the meter to output Kit Kat. The complainant was running a 2 H.P motor for spice manufacturing but the meter was not running due to the by passing of the meter. The M.R.T. Squad also verified the electrical points of the complainant’s house and found that T.V. Freeze , water pump, Heater etc were there for which the squad enhanced the load factor from 1.K.W to 4 K.W. and a penal bill was imposed on the complainant. The complainant has violated the O.E.R.C. Supply condition by enhancing the connected load without taking the permission of the O. Ps for the said enhancement. The complainant refused to sign the physical verification report on the spot. After the physical verification the provisional order was sent to the complainant on 12.5.09. The complainant was given 7 days time to file objection before the Assessing Officer but the complainant did not file any objection within 7 days. The O.Ps have denied the allegation contained in Pare 9 and 10 of the complaint petition . The O.ps have averred that they have not threatened to disconnect power supply on dt. 15.7.09. If the complainant is aggrieved then he could have preferred appeal before the Designated Authority of the O.Ps.
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. K.W to 4 K.W and have illegally imposed the penal amount of Rs.37,028.80p . As per his allegation he he has not used T.V., Freeze, Grinder, Heater, 2 H.P motor and water pump motor.
The O. Ps on the other hand has 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 black coloured wire in the input phase of the meter to out put kit kat and was running 2 H.P. motor for spice. He has used Freeze, T.V. , grinder , Heater, 2 H.P. Motor, water pump motor. The complainant has unauthorizedly used the electricity for the above materials.
Annexure-1 to Annexure-4 are filed by the complainant.
Annexure-1 is the xerox copy of the provisional order dt.12.5.09
Annexure-2 is the xerox copy of the provision assessment for unauthorized use of electricity dt. 12.5.2009.
Annexure-3 is the xerox copy of physical verification report.
Annexure-4 is the xerox copy of electricity bill dt. 11.6.09.
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