DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

                                                                                         C.C.NO.05 OF 2022

                                                                                                                            Date of Filing  : 26.04.2022

                                                                Date of Order : 25.10.2022

Sri.  Gokul Bihari Panigrahi

S/O: Sri Radha Mohan Panigrahi

AT/PO-Bandhagada,

PS- Phiringia,

Dist- Kandhamal.                     …………………….. Complainant.

                        Versus.

1. Asst. Executive Engineer,(Elect)

 TPSODL, Electrical Section

 PO/PS- Phiringia

 DIST- Kandhamal

2.  Executive Engineer (Elect),

TPSODL, Phulbani

 PO/PS- Phulbani

 DIST- Kandhamal                          …………………….. Opp. Parties.

Present: Sri Purna Chandra Mishra    - President.

                           Sri Sudhakar Senapothi     - Member.

For the Complainant: Mr.Manoj Kumar Sahoo & associates Adv.

For O.P.1& 2 – Mr. Harischandra Maharana , Advocate

JUDGEMENT

Sri Sudhakar Senapothi, Member

            The complainant Gokul Bihari Panigrahi has filed this case against the O.Ps alleging deficiency in service for providing him with a wrong energy bill when he has no power supply at all praying therein for issue of direction to the O.Ps for providing power supply, settle the erratic bill and to return the meter taken away by O.P No.1 and pay cost and Compensation of Rs.10, 000/- & Rs.30, 000/- respectively.

1. Brief fact leading to the case is that the petitioner was short listed as a beneficiary under Soubhagya Scheme vides Sl. 65, DOS-27-10-2018. Accordingly a new meter was installed in his house bearing No.3170343 under Bandhagada, Phiringia electrical section. Instead of providing power supply, the O.P No.1 came to the complainant and demanded to take back the meter on the ground that it has not been tested. On being asked he assured the petitioner to return the meter after testing. After one month when the O.P No 1 did not return the meter, he personally went to him and requested to return the meter but the Op No.1 remained callous to the allegation of the complainant. Suddenly on 14.11.2020 the complainant was served with the energy bill for Rs.2171.16/- vide account no. 292102AH0190. On receipt of this bill he proceeded to the office O.P No.1 and asked him as to how one energy bill has been served on him when he has no power supply. The O.P No.1 assured to cancel the bill and return the meter and provide power supply shortly. But it was never done for which he has filed this case for direction to the O.Ps to delete the entire bill, install the meter & provide power supply to him along with compensation Rs 30,000/- and 10,000/- towards cost of litigation.
2. After receipt of notice the O.Ps appeared through their advocate. In spite of repeated adjournments granted to the O.Ps they did not file the written version and this Commission proceeded to dispose of the case on the basis of the complaint and the documents filed by the complainant.
3. The Complainant in support of his case has filed copy of the letter No.663 dated 07.04.2021 of PIO, PPSODL, PED, Copy of the letter No.291 dated 26.03.2021 of

SDO Electrical Phulbani to Executive Engineer PED Phulbani and the documents enclosed therewith, the copy of the energy bill for the month of October 2020 issued to the complainant and copy of his Aadharcard.

4. The only point for adjudication in this case is whether the O.P has provided power supply to the complainant or not? It is seen from the energy bill issued to the complainant that he has been provided with energy bill for the month from July 2020 to October 2020 on house lock basis and the account no. of the complainant has been reflected as account no. 292102AH0190. As per the RTI Information it is found that he has been provided power supply on dated 27.10.2018 and the meter no is 3170343. It is settled principle of law that where the O.P appears but does not challenge the allegations raised against him, it is deemed to have been admitted by him. In the present case the O.Ps did not utter a single word objecting the allegations raised by the complainant. The pleading of the complainant is supported by affidavit. So we are of the opinion that the complainant has not been provided with power supply in reality, his meter have been taken away by O.P no 1 without any justifiable reason and in the absence of power supply raising of bills is not only illegal but also is abusive of the powers vested on the O.Ps and in view of the discussions in the preceding paragraph a case of deficiency in service is made out against the O.Ps and hence the order.

                                                                                              ORDER

The complaint petition is allowed on contest against the O.Ps. The O.Ps. are made liable for causing deficiency in service and harassment to the complainant. The O.Ps. are directed to immediately provide power supply to the house of the petitioner forthwith on receipt of the order and install the meter bearing No.3170343 which has been received by the O.P No1 and delete all the energy bills raised against him. The O.Ps are further directed to pay compensation of Rs.20,000/- (twenty thousand)only towards harassment and deficiency in service  and a sum of Rs.5000/-(five thousand)only towards cost of Litigation. The order as to cost of compensation is to be paid within a period of 30 days from the dated of receipt of this order, failing which it will carry interest at the rate of 12% from the date order till it is paid to the complainant.

                      I Agree

                   PRESIDENT                                                           MEMBER

Pronounced in the open Commissioner today on this 25th day of October 2022.

                  PRESIDENT                                                                        MEMBER