DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI

C.C.NO. 82 OF 2022

                                                                              Date of Filing: 28.11.2022

                    Date of Order: 08.05.2023

Smt. Sasmita Sahu, W/O. Prasanta Kumar Sahu

At-Niladri Market Complex

PO/PS – Phulbani Town

District-Kandhamal                           …………………….. Complainant.

Versus.

1. Junior Engineer, TPSODL, Phulbani Section

AT – Main Road near DRDA Chhak

PO/PS- Phulbani Town

District- Kandhamal.

2. The SDO, TPSODL, Phulbani,
3. Executive Engineer, TPSODL, Phulbani
4. Recovery Team Leader, TPSODL, Phulbani……….….. Opp. Parties.

Sl. 2, 3 and 4 are of Divisional Electrical Office, FCI Square, Phulbani

PO/PS – Phulbani Town, District - Kandhamal

Present: Sri Purna Chandra Mishra    - President.

                        Sri Sudhakar Senapothi          - Member.

For the Complainant:  Self

For O.P.                     : Expartee

JUDGEMENT

Mr. Purna Chandra Mishra, President.

          Complainant Sasmita Sahu has filed this case U/s 35 of CP Act-2019 alleging deficiency of service on the part of Opposite Parties for not attending to her complaint of erratic bill and praying therein for direction to Opposite Parties to rectify erratic energy bill, pay cost and compensation of Rs. 1,00,000/- and Rs. 50, 000/- respectively.

1. Brief fact leading to the case is that the complainant is a consumer of the Opposite Parties bearing Consumer No. 292101510211 who is availing the power supply for the purpose of lighting her shop at Niladri Market near Jagannath Temple, Phulbani. The complainant was paying her dues regularly and the meter reading varies from 40 to 50 units per month and the complainant was paying the bills ranging between Rs. 300 to 400 per month. In the month of December-2020, the Opposite Parties served a bill for Rs. 6,857/-. After receiving the bill, the complainant lodged complain with the Opposite Parties verbally and written complaint on 12.01.2021. Even though the complainant was assured for rectification of the bill, nothing was done for which she lodged another written complaint on 16.07.2021. Again the Opposite Parties served the complainant with an exorbitant bill for Rs. 1, 35, 000/-. After receiving this bill, the complainant lodged another complain on 15.09.2021 to change the meter and settle the exaggerated bills taking into consideration  the meter reading from 2017 to October-2020. Being advised by OP No. 2, the complainant deposited a sum of Rs. 59/- on 26.10.2021 for installation of a parallel meter. Soon after depositing the fees, again paid meter fees towards meter testing. But, the OP No. 1 intentionally and deliberately kept the meter testing report with him and after a long delay, on 15.03.2022, installed the parallel meter in the shop of the complainant. Though the parallel record the correct bill, the Opposite Parties without proper verification, investigation, issued Bill for Rs. 2, 55,076/-. On 17.11.2022 and again on 25.11.2022, the Opposite Parties along with some others came to the shop of the complainant and threatened to disconnect power supply without prior notice and misbehaved with her and used vulgar languages in public. The complainant showed them all the documents. But, they did not listen anything. the complainant finally lodged the complaint on 17.11.2022 before GRF, TPSODL, Berhampur. But the Opposite Parties knowing about this fact, threatened to disconnect power supply for which she was compelled to file this case before this Commission for the reliefs as discussed in the preceding paragraphs.
2. Notice was duly served on the Opposite Parties but none of the Opposite Parties except OP No. 2 appeared in the case. Even though the OP No. 2 appeared in the case and took several adjournments, he did not file any written version and the other OPs were set exparte vide order dt. 20.02.2023.
3. The complainant in support of her case has filed copies of energy bills, copy of the complaint dt. 12.01.2021, copy of the complaint dt. 16.07.2021, copy of the complaint dt. 15.01.2021, copy of the money receipt for Rs. 59/- dt. 26.10.2021, copy of the complaint dt. 17.11.2022 and copy of the meter testing report of TPSODL.
4. It is settled principle of law that where the Opposite Parties do not raise any objection and challenge the allegations raised against them, it is deemed to have been admitted by them. In the instant case, even after service of notice on the OPs, they preferred not to appear except OP No. 2 who appeared but did not file any written version nor participated in the hearing. So, it is deemed that the Opposite Parties have no objection to raise on the allegations of the complainant.
5. It is seen from the documents filled by the complainant that the complainant has filed a written complain on 12.01.2021, again on 16.07.2021, again on 15.09.2021 and on 17.11.2022. It is also seen from the documents on record that a sum of Rs. 59/- has been deposited on 26.10.2021 for installing a parallel meter by the side of the existing meter. Even though the meter testing report has been filed before this Commission, the report is not visible.
6. As the Opposite Parties remained silent and did not challenge the allegations raised by the complainant. We are of the view that the amounts raised on different dates after December-2020 has no basis at all and the Opposite Parties by not attending to the grievance of the complainant have caused deficiency in service and liable for unfair trade practice. The bills for the period from December-2020 to October-2022 need to be totally rectified.
7. As a case of deficiency of service and unfair trade practice is made out against the Opposite Parties, they are liable to compensate the petitioner for loss and harassment sustained by her and hence the order. The complaint petition is allowed expartee against OP No. 1, 3 and 4 and OP No.2 on contested hence the order.

O R D E R

The Opposite Parties are made liable for causing deficiency in service and harassment to the petitioner and are liable to compensate the complainant for the loss sustained by her. The Opposite Parties are directed to install a new meter in the premises of the complainant and to revise the bills for the period from December-2020 to October-2022 and all other subsequent bills accordingly and provide a fresh and correct bill as per the provisions of OERC (Conditions of Supply and Distribution) Code-2004. The Opposite Parties are further directed to pay compensation of Rs. 25, 000/-(twenty five thousand) only to the complainant and a sum of Rs. 10,000/-(ten thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of this order failing which the order as to cost and compensation shall interest @ 12% per annum from the date of order till its compliance. It is further directed that the Opposite Parties shall not disconnect power supply to the shop of the complainant on the basis of this claim.

                                                         Computerized & corrected by me.

         I Agree

     MEMBER                                                        PRESIDENT

Pronounced in the open Commission today on this  8^th May of 2023 in the presence of the parties.  

     MEMBER                                                        PRESIDENT