DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 03 of 2009
30th June , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
Sri P. K. Mishra, Member
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Sri Subash Chandra Mishra, aged about 54 years
Son of Late Rama Chandra Mishra
Vill:- Kunjabangarh (Gopinath sahi)
PO/PS Daspalla Dist. Nayagarh.
———————- Complainant . -Vrs-
1. The A.M.C/S.D.O.(Elect .)
Elect. Sub-Division , Daspalla
AT/PO/PS: Daspalla Dist. Nayagarh.
2. The A.G.M/Executive En gineer(Elect.)
N.E.D. Nayagarh AT/PO/PS/ Dist. Nayagarh.
3. The G.M./Superintending Engineer(Elect.)
Electrical Circle No.I I Bhubaneswar
Plot No.95/96, Baramunda, Bhubaneswar
Dist. Khurda.
—————- Opp . Parties .
Counsel for the complainant : - Sri Arjuna Sahoo, ( Advocate )
Counsel for the O.Ps : - Sri R.K. Sahoo, ( Advocate )
Date of appearance of O.Ps : – 29-01-2009
Date of hearing : - 04-06-2009
Date of Judgment : – 30-06-2009
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 Consumer No. D-13-C-30 and A/C No. 031409250
stands in the name of the complainant’s deceased father. After the death of his father he has been using electricity vide the said consumer number. A China meter was installed in his house on 30.11.2002 but the O.Ps whimsically showed the status of the meter as defective . But from January 2005 the O.Ps issued bills in which the meter status was shown as O.K. and the owner of the meter is CESCO. This practice continued upto March, 2008. Again from December 2008, the owner of the meter was shown as the consumer. As per the allegation of the complainant, the O.Ps have been issuing wrong bills to the complainant since January,1987. The complainant had complained before the O.ps about the wrong billing. But the O.Ps excepting O.P.No.3 remained silent . The O.P.No.3 had gone through the complainant petition dt. 6.12.2006 of the complainant and issued order vide letter No.289 dt. 15.1.07 to O.P.No.1with memo No.290 dt. 15.1.07 to O.P.No.2. The complainant again approached the O.Ps on 5.11.08 and submitted complainant petition but the O.Ps did not take any action. According to the complainant the O.ps have been providing wrong bills since January, 1987 to December, 2008 . After installation of the meter on 30.11.2002, the O.ps are providing bills on load factor basis and the average basis billing from December, 2002 to December, 2004 is illegal. The bills which were issued on meter reading basis does not show the previous reading and present reading. As regards the arrear amount, the bill does not show the period that is from which date to which date the arrear amount is there . The bills also do not reflect the security deposit amount and the interest there on.
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 on 6.12.2006, 15.1.2007 and 5.11.2008.
The complainant has approached this Forum with a payer to direct the O.Ps to correct the wrong bills from January, 1987 to December, 2009, to correct the load factor as per actual consumption, to calculate the deposited amount and to adjust the excess payment amount, to pay him Rs.40,000/- towards harassment and mental agony and Rs.10,000/- towards litigation expenses.
The complainant petition is supported by affidavit. The complainant has also filed xerox copies of some document which are marked as Annexure-1 to Annexure-8
The O.Ps have filed written version in which it has been averred that the case is not maintainable. The O.Ps have averred that the statements contained in the complainant petition are partly correct. The complainant has not filed any document before the O.Ps to revise and correct the arrear dues till date. If the complainant will submit the relevant documents, then the O.Ps will try to revise and correct the arrear bill. 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 the O.ps have been issuing wrong bills regularly and inspite of his complaint about these wrong billing the O.ps have remained silent. He has lodged written complaint about this wrong billing by the O.ps but the O.Ps have taken no steps till date to revise and correct the wrong bills.
Annexure-1 to Annexure-8 are filed by the complainant .
Annexure -1 relates to letter by the complainant to O.P.No.1
Annexure-2 also relates to the letter by the complainant to O.P.
No.1 in the matter of his grievances.
Annexure-3 relates to the test report of meter .
Annexure-4 to Annexure-6 relate to the electricity bills for different periods.
Annexure-7 relates to the letter by the complainant to O.P.No.2.
Annexure-8 reletes to the letter by the complainant to O.P.No.3.
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 . They 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 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 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 .
Sri Pravakar Mishra Smt. Binodini Devi
Member Member