Orissa

Kendujhar

CC/19/2016

Bhikaricharan Samal - Complainant(s)

Versus

1. Executive Engineer, NESCO - Opp.Party(s)

12 Jul 2017

ORDER

 

IN THE COURT OF THE  PRESIDENT, DISTRICT CONSUMER  DISPUTES REDRESSAL  FORUM,

KENDUJHAR

                                                  CONSUMER  COMPLAINT  CASE NO 19 OF 2016

 

  Bhikaricharan Samal,

  S/O-Late Harihar Samal,

  Village- Babulal colony,

  P.O-Keonjhargarh,

  P.S- Town,

  Dist- Keonjhar…………………………………………………………………………..complainant

 

                          Vrs

 

  1. Executive Engineer,

    Electrical Division,

    NESCO,Keonjhar

  2.  Sub Divisional Officer,

    Electrical Sub-Division no-1,

    NESCO, Keonjhar

    All are of Power House Campus

    PO-Keonjhargarh,

    P.S-Town, Dist- Keonjhar…………………………………………………………………….O.P Parties

 

 

   Present:

   Shri Purusottam Samantara,President

   Smt. B.Giri Member(W)

 

  Advocate for complainant-Self

  Advocate for O.P-D.D Biswal & associates.

 

 

 

  Date of filing-  24.05.2016                                                                  Date of order-_12.07._2017

 

 

  1.The complainant is consumer of the O.Ps  since   long in availing electricity. The complainant              averred, the O.P installed new meter and not supplied the bills regularly as per the   consumption or post installation meter reading, rather charged provisionally which accumulated huge sum in arrear.

 

 2.  The complainant also averred as to the jan 2007 . The arrear was raised Rs 1530.27 paise only and latter the bi-monthly bills issued was charged provisionally in accumulation of Rs 1,49,102/- in demand being  unreasonable, Which is neither  rectified nor made with any revision.

3.Futher said on march 2016 a bill was supplied showing consumption of 74 units which amounts to  Rs 254,83 and arrear  of Rs 1,32,169/- . The wrong bill as arrear is making hurdles paying regularly. Which is neither actual nor reasonably raised, Which is harassment, unfair    trade practice and above all deficiency to the core. Humbly prayed for suitable revision and relief as deemed  under the law.

 

4. Relied installation of new meter, reconnection receipts & RTI information and affidavit.

5. On notice, the O.P appeared and filed the version in admitting that power supply was reconnected on dt 24.06.2016 after receiving  the reconnection charges, vide money receipt no- 0595/118333 on the above noted dated.

6. Further stating it is false to say Rs 50,000/- has been paid in different months, which is not reflected in the ledger.

7. Also in admission that on verification of database,the disputed amount as for current meter reading has been deducted from the petitioner bill. The withdrawal amount is outside the permissible limit and has been sent for approval at competent end.

                     8. Heard the  both parties and perused the record at hand.

9.Perusal  of record reveals . The disconnection has been  effected and relief sought against the non-supply is being in arbitrary.

10.Further oberservation reveals the meter has been installed on  11.02.2010, where  as post-new meter  installation, bills  issued  have been charged in provisionally consecutively for years. which amplifies callous,carelessness and capriciousness towards issuing any revision or rectification.

11. Further  to say, the O.P has  admitted in his reply  that in revision of database an amount of Rs  1,26,201/-has been surfaced as the amount to be deducted from  the  petitioner’s bill, but same amount neither has been  deducted nor revision bill served, which again apprehended that the supply can be disconnected   on any  arbitrary  ground  as the matter continuously  dragged    since  dt  22.07.2016 having nothing definitive end, which further asserts, callousness is ingrained in the usual process of revision, which is proven   lethargic  to the core.

 

  12.  In the above noted context & relevancy, we prefer to quote the Billing,NESCO regulative           guidelines  that ought  to followed.

 

                                                                                B I L L I N G, N E S C O

 Disputed/ Erroneous Bills:

(i)  In the event, of any dispute in the billed amount, the consumer may lodge a complaint before the designated officer/agency as determined by the Licensee and pay the average of last 6 months consumption or the billed amount whichever is less within due date pending settlement of the dispute. The licensee shall resolve the dispute or communicate its decision with reason to the consumer within a maximum period of one month as per following regulation.

 

(ii)  If the licensee finds the bill to be erroneous, a revised bill shall be furnished to the consumer indicating a revised due date. Excess amount paid by the consumer shall be refunded by way of adjustment in the subsequent bill. Such excess amount shall be refunded together with interest at the rate of 1(one)% per month from the date of payment of excess amount.

(iii)  If the licensee  finds the bill to be correct, the consumer shall be intimated accordinagly and notified to pay the balance, if any, within fifteen days with interest at the rate of 1% per month from the due date.If the engineer does not resolve the dispute within two months stipulated in Regulation the consumer will not be liable to pay the interest on the balance amount. However, if the dispute is not resolved due to negligence or non-cooperation of the consumer, the consumer will be liable to pay interest.

So in view of the admission by the O.P the petitioner case stands up  right of the merit and O.Ps stand  pales  into insignificance, thus ordered.

                                                            O-R-D-E-R

(i) The O.Ps are directed to make ensure the revision of the erroneous bill of the complainant as       admitted at its end and to supply the revision bill in up to  date manner. Taking  in to account the paid bills, if any and also make necessary adjustment taking the installed meter reading consumption units, within  30 days of this order failing Rs10/-(ten)  per day  will accrue as  penalty till realization /  compliance.

(ii)   No order as to any cost.

(iii)  The interim order passed is hereby vacated.

Copy of the Order be made available to the parties as per rule.

File be consigned to record room.

Pronounced, 12^th  July 2017

 

     I agree             

                                    

                                    

    (Smt. B. Giri)                                                                                            (Shri Purushottam Samantara)

    Member (W)                                                                                                              President                    

DCDRF, Keonjhar                                                                                                   DCDRF, Keonjhar                                                   

           

 

                                                               Dictated & Corrected by me

 

 

 

                                                                 (Shri Purushottam Samantara)

                                                                           (President)

                                                                    DCDRF, Keonjhar