DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 16 of 2009
20th July , 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
Sri P. K. Mishra, Member
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Bhagirathi Jena , aged about 39 years ,
S/o – Sadhu Jena ,
Vill / P.O – Bijipur ,
P.S – Fategarh , Dist : – Nayagarh .
————— Complainant .
o
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 : Khandapada Dist:- Nayagarh
3.
The Junior Engineer(CESU) Elect. sub-Division, CESU
At/PO: Bhapur P.S – Fategarh , 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 : – 20-04-2009
Date of hearing : – 08-06-2009
Date of Judgment : – 20-07-2009
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.D28P026/00 and new A/c No.03372184 with 1 k.w load factor . The meter condition is O.K. But the O.Ps are issuing bills on the basis of average consumption. The O.Ps sent a disconnection notice to the complainant in which Rs.21509 /- has been shown as arrear. The complainant has been asked to deposit 30% of the arrear dues which comes to Rs.6500 /-. The O.ps are threatening to disconnection power supply if the said amount of 30% of the total arrear dues is not paid by the complainant . According to the complainant the imposistion of the said arrear dues is wrong, illegal and arbitrary . The complainant approached the O.Ps for the revision and correction of the arrear bill. The O.Ps assured him to revise and correct the arrear bill but they have taken no action for the revision and correction of the arrear bill till date.
As per the complainant the cause of action arose on 30.3.09 when the complainant expressed his inability to deposit 30% of the arrear dues and when the O.Ps threatened to disconnect power supply to his house.
According to the complainant the O.ps have not done 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 approached his Forum with a prayer to direct the O.Ps to revise and correct the bill from 2005 till date ; to direct the O.Ps not to demand 30% of the arrear dues ; to direct the O.Ps to pay him Rs.30.000 /- towards harassment and mental agony, to direct the O.Ps to pay him Rs.5000 /- towards litigation expenses.
The complaint petition is not supported by affidavit. The complainant has filed the disconnection notice which is marked as Annexure – 1
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 complainant has alleged that his meter status is O.K but the O.Ps are charging electricity bill on average basis. He has been paying the electricity bills regularly but the O.Ps sent a disconnection notice in which it has been stated that an amount of Rs.21509 /- is outstanding against the complainant. The complainant complained before the O.Ps in the matter of the said arrear bill and requested them to revise and correct the said arrear bill. The O.Ps assured him to revise and correct the arrear bill. But instead of revising and correcting the arrear bill the O.Ps are demanding 30% of the total arrear dues and are threatening to disconnect power supply if the complainant will not deposit 30% of the total arrear dues. Such type of activity of the O.Ps has put the complainant in harassment and mental agony and as such the O.Ps are guilty of deficiency in service.
The complainant has filed the disconnection notice which is marked as Annexure – 1
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