DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 35 of 2022.
Date of hearing : 21.05.2024.
Date of order : 16.07.2024.
Dated the 16th day of July 2024.
Proprietor-Ashok Kumar Sahu, S/o- Mukunda Charan Sahu,
M/S-Ajaya Bricks Industries, Vill- Gandapada, Po- Guamal,
P.S. Tihidi, Dist- Bhadrak
. . . . . Complainant.
Vrs.
- Executive Engineer Electrical,NESCO UTILITY
B.N.E.D. Bhadrak Electrical Division (N), Bhadrak TPNODL,
Power House, By-pass, Dist- Bhadrak, Pin-756100.
- Superintending Engineer (Electrical),
Electrical Circle, Bhadrak.
- Junior Manager (Electrical) NESCO UTILITY, TPNODL,
Tihidi Electrical Section, At/Po/PS-Tihidi, Dist- Bhadrak.
- Sub-Divisional Officer (Electrical) NESCO UTILITY, TPNODL,
Tihidi Sub-Division, At/Po/PS- Tihidi, Dist- Bhadrak.
- General Manager (Operation), NESCO UTILITY, TPNODL,
At- Januganj, Po/Dist- Balasore, Pin-756019.
- Executive Engineer, M.R.T. Division, Bhadrak,
Po/Dist- Bhadrak.
- Executive Engineer, Electrical, E.S.D. Balasore,
Po/Dist- Balasore. . . . . . Opp. Parties.
P R E S E N T S.
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for the Complainant : Sri Santosh Ku. Nayak, Advocate & Associates.
Counsel for the Opp. Parties : Sri Dhirendra Narayan Naik, Dy. Manager (Legal).
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant is an educated unemployed youth to earn his livelihood through self-employment the complainant has opted to start brick factory & accordingly approached the O.P.No.1 for supply of energy to his Fly Ash Factory situated at Plot No.1536, Khata No.585 of Sadanandapur Mouza under “GO SWIFT” Scheme. As per the scheme complainant had to deposit 100% of the estimated amount i.e. Rs.4,89,610/-. The complainant’s firm deposited Rs.2,83,000/- through “GO SWIFT” portal & thereafter the complainant deposited an amount of Rs.2,06,610/- vide MR/Book No.1322/264320 dt.30.10.2019. Again on 30.10.2019 the complainant deposited an amount of Rs.61,324/- on 31.12.2019 towards security deposit in the office of O.P.No.1. After receiving the deposits from the complainant, the O.P.1 inspected the Fly Ash brick factory premises of the complainant & as per the norms of NESCO (Now TPNODL), the complainant entered into an agreement on 31.12.2019 with O.P.1 for supply of electrical energy to his factory premises with prescribed form named as “Standard agreement form for supply of electrical energy”. The O.P.1 requested O.P.6 vide letter No.7455(5) dtd.31.12.2019 for metering arrangement for power supply to 23.00 K.W. load in favour of the complainant’s Fly Ash Brick Industry in 11 KV supply system in “GO SWIFT” Scheme under Tihidi Electrical Division. On 04.01.2020 vide letter No.124, the O.P.1 intimated O.P.4 regarding execution of agreement. The power supply was affected to the Industry premises of the complainant & the transformer was installed. The complainant found that an old transformer (repaired) has been installed in his Fly Ash Industry campus by the O.Ps & Oil contamination & leakage was found in the said transformer & junked & rusted materials have been fitted in the transformer. The complainant sent an application dtd.27.01.2020 by regd. post to the Executive Officer, NESCO Utility, Corporate Office, Januganj, Balasore requesting him for installation of a new 63 KVA transformer by replacing the old one installed by NESCO Authorities in his factory premises. After receiving the letter of complainant, the O.P.5 vide his office letter No.HT-536/964 (6) Dtd.05.02.2020 intimated O.P.1 for release of one new 63 KVA, 11/04 KV transformer for replacement against repaired 63 KVA transformer earlier issued to M/s. Ajay Bricks Industry under B.N.E.D. Bhadrak in 100% deposit. The complainant run to the office of O.P.3 & 4 several times for replacement of the old transformer & requested them to do the needful at an early date. But the O.P.3 & 4 set idle over the matter. Finding no alternative again the complainant submitted an application dtd.24.06.2020 before O.P.1 with copy to O.P.2 stating therein regarding the problems faced by complainant & to take proper steps for installation of a new 63 KVA transformer in his industry premises by replacing the old one which has been installed in his industry premises. Without considering the problems & grievance of complainant, the O.P.1 vide his letter No.966 (4) dtd.14.03.2022 requested the complainant to pay an amount of Rs.72,132.69 Paisa towards differential amount of the energy bill for the month of March 2021 to May 2021. The O.Ps without providing proper service & without replacing the old transformer supplied to him have given the said bill without any basis & demand of Rs.72,132.69 Paisa is absolutely illegal & arbitrary. As such the complainant prayed to direct the O.Ps to replace the 63 KVA transformer (Old/repair) installed in the Fly Ash Brick Industry of the complainant namely- M/s. Ajay Bricks Industry, and to install a new 63 KVA transformer in it’s place & to waive the energy bill amounting Rs.72,132.69 Paisa. The complainant has filed the documents i.e. (1) Letter No. 2388(2), dtd.24.10.2019, (2) Agreement dtd.31.12.2019, (3) L.No.7455 (5) dt.31.12.2019, (4) L.No.214, dt.04.01.2020, (5) Application of complt. dt.27.01.2020, (6) L.No.HT-536/964(6) dt.05.02.2020, (7) 2 Nos. of application of complt. dt.24.06.2020, (8) L.No.HT-82/6098(5), dt.05.08.2020, (9) Legal Notice of complt’s Advocate dt.09.02.2021, (10) 5 Nos. of A.D. dully signed by concerned receivers, (11) L.No.966(4) dt.14.03.2022 of O.P.1 to complt. & (12) Application submitted by complt. before O.P.1 dt.18.04.2022.
The O.Ps submit that, the complainant has applied for power supply to his Fly Ash Bricks Industry for 23 K.W. (25 KVA) Medium Industry load on line through “Go Swift Portal” under 100% deposit scheme launched by the Energy Department, Govt. of Odisha. As per the “Go Swift” Scheme “The energy department has stipulate that all DISCOMs provide charged electrical connection within 15 working days from the date of submission of application for LT Connection (below 150 KVA) and 30 working days for HT Connection) above 150 KVA) to Industrial consumers”. The consumer in order to give new power supply connection within the stipulated time span alternative arrangement was made by releasing & diverting materials from other head to deposit head in favour of the Executive Engineer (Electrical) Bhadrak North Electrical Division for construction of 11 KV 3 Ph 3W overhead line & 63KVA, 11/0.4 KV DP mounted Sub-station materials in order to give 23KW Medium Industry loan for M/s. Ajay Bricks Industry, Proprietor Ashok Kumar Sahu due to non-availability of the 63 KVA transformer & other materials. Letter No.2638 (3) dt.26.11.2019 of Award (LOA) for providing power supply to M/s. Ajay Bricks was given to Ms. Tarini Electricals, Prop. Santosh Kumar Parida, Bhadrak to carry out the work. Due to non-availability of new transformer in the Store Division, Balasore no new transformer was supplied to the complainant. From 2018-19 to till date no new transformer was purchased by NESCO Utility/ TPNODL, Odisha. Non-installation of new transformer was beyond the control of the Supply Engineer. Neither it is intentional nor deliberated as alleged by the complainant. The report of MRT, Bhadrak say the meter reading for the month of March 2021 was given CMR 36 Kwh, but the billing center Balasore wrongly punched it to CMR 97.675 Kwh. The O.Ps have revised the bill for the month of March 2021 & withdrawn the disputed amount of Rs.71,296.97 Paisa as approved by SEEC, BDK vide Lt. No.870, dt.26.04.2021. The transformer installed in the premises of the consumer failed on 15.05.2022 & after obtaining the breakdown report the Supdt. of Engineer, Electrical Circle, Bhadrak requested to the S.D.O.(Electrical) Store, Balasore for release of one 63 KVA, 11/0.4 KV transformer for replacement of the failed transformer. But till date no new transformer is available in the Store. Therefore, repaired transformer was again installed in the premises of the complainant. The complainant has failed to prove that there is availability of transformer in the store. Due to wrong punching the complainant was intimated to pay an amount of Rs.72,132.69. But after detection of the wrong the bill was revised & Rs.71,296.97 Paisa was withdrawn from the bill of the complainant. The O.Ps have filed documents i.e. (1) Copy of letter No.HT-536/13829 (7) dt.18.11.2019 of the G.M(Operation) (Annex-A) (2) Letter No.2638 (3) dt.26.11.2019 letter of Award (LAO) for providing power supply to M/s. Ajay Bricks was given to M/s. Tarini Electricals, (Annex-B) & (3) Copy of voltage dump report stating study supply (filed on dtd.19.12.2023).
Having heard the rival contentions and materials available in the case record, it is found that admittedly an old used Transformer has been installed in the industry premises of the complainant. As pleaded, the onus of proving that new transformers are available with OPs is not with the complainant. It is the responsibility of these OPs before floating any scheme to ensure that they meet all the parameters of the scheme. These OPs have failed all opportunity to replace the old used transformer with a new one even after getting written request. These OPs also admit that due to wrong punching a bill of Rs.72,132.69 was issued but later they have revised the bill and withdrawn Rs.71,296.97 from the bill. But due to installation of an old and used defective transformer and not replacing the same after repeated requests and for inordinate period they must compensate the complainant for the mental harassment and agony he has gone through.
O R D E R.
In the result, the complaint be & same is allowed. These O.Ps are directed to replace a new 63 KVA transformer replacing the old, used and defective transformer from the industries premises of “M/S Ajay Bricks Industries” within 45 days from the date of this order. Apart from that these O.Ps have to pay an amount of Rs.25,000/- towards compensation and another Rs.5,000/- for litigation cost within 45 days from the date of pronouncement of this order. In the event they fail to comply the order within the stipulated time then they have to pay the same with 6% interest till the date they install the new transformer and pay the compensation & cost, whichever is later.
This order is pronounced in the Open Court on this the 16th day of July 2024 under my hand and seal of the Commission.
