BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL
C.C. Case No. 12 OF 2021
Date of Filing : 12.02.2022
Date of Order : 25.10.2022
Satyapriya Sahoo
S/O- Late Prafulla Kumar Sahu,
AT- Hotel Sobha, FCI Squre,
PO/PS- Phulbani Town
DIST- Kandhamal
................Complainant
Versus
- Executive Engineer, Southco
Electric Departement, Southco/TPSODL.
PO/PS- Phulbani Town,
DIST-Kandhamal
- Assistant Engineer, Electrical Department,
Southco/TPSODL, PO/PS- Phulbani Town
DIST-Kandhamal
- Junior Engineer, Electric Department
Southco/TPSODL, PO/PS- Phulbani Town
DIST-Kandhamal
..............Opp. Parties
Present: Sri Purna Chandra Mishra,President,
Sri Sudhakar Senapothi, Member
Counsel: For the complainant:Mr. M.K. Sahoo, Advocate
For the Opp. Parties:Mr. H. Moharana, Advocate
Sri Sudhakar Senapothi, Member
The complainant has filed this case U/S 35 of the C.P. Act, 2019 alleging deficiency in service and unfair trade practice on the part of the O.P.s for not rectifying the defects in the energy bill and threatening him to disconnect power supply and praying therein for a direction to the O.Ps. to issue a fresh and correct bill as per actual consumption and to pay compensation of Rs.50,000/- and Rs.10,000/- as cost of litigation.
- Brief fact leading to the case is that the petitioner is availing power supply from the O.P. Company TPSODL for the purpose of lighting his shop room in the name and style of Hotel Sobha bearing Consumer A/c No.292101730136 under commercial category. He is running the Hotel to earn his livelihood by way of self-employment. The petitioner was issued with an energy bill for the period from the month of February’ 2020 to September’ 2020 on actual meter reading basis with consumption of 2013 units. The next bill was issued for 1551 units for the period from the month of September’ 2020 to November’ 2020 and for the month of November’ 2020 to December’ 2020 showing consumption of 660 units. The petitioner approached the O.Ps. for rectification of his energy bills and filed a written complaint. As the O.Ps. did not rectify the energy bill and threatened to disconnect power supply, he filed this case before this Commission for direction to the O.Ps. to issue a fresh and correct bill as per actual consumption and to pay a compensation of Rs.50,000/- and Rs.10,000/- as cost of litigation.
- Notice was issued to the Opposite Parties from this Commission and after receipt of notice, they appeared through their Advocate on 22.03.2021 but did not file their written statement in spite of repeated opportunities till 05.05.2022.
- The petitioner in support of his case has filed the copy of the application dated 15.01.2021 submitted to the O.P. No.2 and the copies of the energy bills from the month of February’ 2020 to December’ 2020.
- The only point of adjudication is whether the petitioner is entitled for any revision as per actual meter reading?
ORDER
It is seen from the energy bills filed by the petitioner that energy bills have been issued to him on the basis of actual meter reading from time to time. There is no allegation that the meter was defective. So when bills have been issued to the petitioner on the basis of actual consumption, in our considered opinion, there is no cause of action on the part of the petitioner to file this case. However, the petitioner is at liberty to make a fresh application to the O.Ps. stating his actual grievance if any and the O.Ps. are directed to dispose of his application within a period of 30 days from the date of receipt of the application and the case is accordingly disposed off.
I Agree
PRESIDENT MEMBER
Pronounced in the open Commissioner today on this 25th day of October 2022 in the presence of the parties.
PRESIDENT MEMBER