In The Court Of District Consumer Protection Forum, Banka.

            Case No.:- 34 of 2015

            Dated:-10.01.2018

Lalit Kumar Sah

S/o Shankar Sah

V/o Baniyachak

Amarpur, Banka. :………………………………………………………………… Complainant.

V/S

(1) Executive Engineer, Electricity Banka.

(2) Asstt. Electrical Engineer, Banka.

(3) Junior Engineer Amarpur, Banka. :……………………………….. Opposite Parties.

Counsel for the complainant: - Sri Shashi Bhushan Jha Kabi.

Counsel for the OP: - ………………………….

Present:-

            (1) Md. Naimullah

                        President

            (2) Dr. Binay Kumar Singh

                        Member

            (3) Dr. Neelam Kumari Neelu

                        Member

Judgment

This complaint case has been filed by the complainant against opposite parties the Electricity Department Banka to get compensation for the deficiency of service committed by the OP’s.

        The fact arising out of this case is that the complainant is legal eclectic consumer of opposite’s parties. He has obtained electric connection having electric consumer No. 26778/ BNCK/D.S/56. The opposite party without giving information to the complainant and without any dues of non payment of electric energy charge has disconnected the electric supply to the house of complainant. It is further alleged that on 08.05.2014. The complainant has deposited Rs. 2,860/-to the opposite parties and requested to reconnect the electricity supply to the house of complainant and also requested to install the electric meter to his house. But the opposite party did not reconnect the electric supply to the complainant. It is further alleged that inspite of disconnection of electric supply the OP is claiming electric energy charge and claimed Rs. 5,415/- as electric consumption charge.

            It is further alleged that due to above act of OP’s there is deficiency of service on the part of OP. thus the complainant has claimed compensation to the tune of Rs. 90,000/-.

            Inspite of issue of notice to OP’s, the OP did not appear to contest the case and hence the OP was debarred from filing written statement.

            The complainant was allowed to adduce evidence and after adducing oral as well as documentary evidence the evidence of complaint was closed. OP did not adduced evidence and hence after hearing complainant the case is fixed for judgment.

            The only point of determination before me is whether there is deficiency of service on the part of OP?

Findings

The complainant in support of his case has examined himself as PW 1 and Shekher Sah as PW 2. In addition to this documentary evidence from EXT.-1 to Ext.-9, which are estimate for giving single phase D/S – (v) dated 28.11.12, Bhagalpur receipt, electric bill dated 23.03.2015, 27.09.2016 letter dated 14.12.2016 to Asst. Electrical Engineer, Amarpur, copy of letter received on 08.12.2016. No any documentary evidence has been produced by OP.

            Learned counsel of complainant submitted that the act of disconnection of electric supply as well as claiming energy charge after disconnection is deficiency of service on the part of electricity department. We have gone through the material available on the record and find that after disconnection of electric supply, charging energy charge is great negligence and deficiency of service on the part of the electricity department. For which they are liable to pay compensation to complainant. On the basis of aforesaid fact and charging energy charge after disconnection we come to the conclusion that this alone fact is sufficient to prove that there is deficiency of service on the part of electricity department, who are opposite parties in this case, hence they are liable to pay compensation to the complainant.

            In this result of this complaint case is allowed. Complainant is entitled to get compensation from opposite parties. The OP is directed to pay Rs. 60,000/- in total including compensation as mental and physical injury along with cost of the case to the complainant. The OP is directed to restore the electric supply to the house of the complainant and furnish regular bill for actual consumption of actual electric energy as per actual reading of electric meter installed in the house of complainant, if no meter is installed then the OP is further directed to install the electric meter after obtaining installation charge from the compensation allowed in this case against the OP.

            OP is directed to comply the order within two month from the date of this order failing which OP shall be liable to pay interest @ 9% on the entire amount of compensation of Rs. 60,000/- from the date of filing of the complainant.

          Member                        Member                      President                      

Dr. Binay Kumar Singh     Dr. Neelam Kumari Neelu          Md. Naimullah