DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C.NO.17 OF 2021
Date of Filing : 18.03.2021
Date of Order : 25.10.2022
Sri. Ganesh Kumar Pati
S/O: Late Dandapani Pati
AT-Kacheri Sahi
PO/PS- G.Udayagiri, Dist- Kandhamal. …………………….. Complainant.
Versus.
1. Executive Engineer,
TPSODL, Electrical Division,
PO/PS- Phulbani town
Dist.- Kandhamal
2. Assistant Executive Engineer,
TPSODL, Electrical Sub-Division,
PO/PS- G.Udayagiri
DIST-Kandhamal
3. Junior Engineer,
TPSODL,Electrical Sub-Division,
PO/PS- G.Udayagiri
DIST- Kandhamal ………………………….. OPP. Parties.
Present: Sri Purna Chandra Mishra - President.
Sri Sudhakar Senapothi - Member.
For the Complainant: Mr.Harischandra Maharana,Advocate
For O.P.1,2 & 3 - Advocate
JUDGEMENT
Sri Sudhakar Senapothi, Member
The complainant Mr. Ganesh Kumar Pati 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.Ps for providing him with an erratic bill and not rectifying it in spite of repeated approaches and praying therein for direction to the O.Ps for providing him with a correct bill.
- Brief fact leading to the case is that the petitioner is a consumer of the O.Ps bearing consumer No. 292201570274 and he was paying his energy bills regularly as per the bill provided to him. Suddenly he was served with bill for Rs.170799/- on dated 13.01.2021. Suddenly after 2 months the O.Ps in the absence of the petitioner without his knowledge changed the energy meter. He made several applications to the O.Ps but nobody listen to his grievance for which he has filed his case before this Commission for a direction to the O.Ps to revise his bills and provide him with a fresh and correct bill.
- Notice was issued and duly served on the O.Ps and the O.Ps appeared through their Advocate but preferred not to file any written version or document in support of their defence.
- The complainant is support his case has filed copy of energy bill for the month January 2021 and billing statement from April 17 to January 2021.
- The only question relating this case is whether the complainant is entitled for revision of his energy bill for the month of January 2021 onwards. It is settle
principle of law that where the O.Psappeared but did not raise on any objection to the allegations advanced against them it is deemed to have been admitted by them. In this case it is seen from the energy bills filed by the complainant that the meter has been declared defective in the month of January 2021 and there is nothing on record to show that the O.Ps has followed due procedure of law as prescribed under Electricity Act 2003 and rules and regulations made there under to declare the meter defective. It is seen from the energy bill for the month of January 2021 that the correct reading has been shown as 0 and a sum of Rs.171391/-.74 has been shown as arrear whereas the bill for the month of Dec 2020 does not show any arrear. When there was no arrear in the previous bill a sum of Rs.171392.74 as has been claimed in the subsequent bill for month of January 2021 which is completely illegal and when the previous reading was 917 units and the current reading 981 which means the consumption for the month of Nov is only 64 units. So it is clear from the documents filed by the complainant that there is a big error in preparation of the bill which needs to be rectified and hence the order.
ORDER
The complaint petition is allowed on contest against the O.Ps. The O.Ps are directed to rectify the energy bill of the petitioner for the month of December in the basis of consumption of 64 units and to delete a sum of Rs.171391/- which has been entered and claimed in the bill for the month of January 2021 and revised all the subsequent bill accordingly. Parties to bear their own cost.
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
