Orissa

Cuttak

CC/52/2019

Prasanna Kumar Senapati - Complainant(s)

Versus

Superintending Engineer,CESU - Opp.Party(s)

R Nayak

09 Nov 2020

ORDER

 IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK

  C.C No.52/2019

               

Sri Prasanna Kumar Senapati,

S/o: Late Padmanav Senapati,

At:Nayak Sahi,PO: Buxibazar,

P.S:Mangalabag,Dist:Cuttack.                                    ...Complainant

 

                          Vrs.

 

1.         Superintending Engineer(Electrical),

Cuttack Circle,CESU,

Badambadi,Cuttack.

 

2.         Executive Engineer(Electrical),

CityDistrivbution Division-I,

CESU,Ranihat,Cuttack-753001.

 

3.        Sub Divisional Officer(Electrical),

Sub Division-1,CESU,

Ranihat,Cuttack-753001.

 

4.         Junior Engineer(Electgrical),

Ranihat Section,CESU,

Ranihat,Cuttack-753001.                                                        … Opp. Parties.

                

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    15.05.2019

Date of Order:  09.11.2020

 

For the complainant.  :    Mr. R.K.Nayak,Adv. & Associates.

For the O.Ps.                 :    Mr. S.C.Dash,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

The complainant has filed this complaint before this Forum against the O.Ps for redresssal of his grievances with regard to deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant is the sole proprietor of Still Photo studio, named and styled as STUDIO PADMINI located at Nayak Sahi,Buxibazar,Cuttack and the said Still Photo Studio is the only source of his livelihood.  The O.Ps represent Central Electricity Supply Utility of Odisha(CESU) which is the distribution licensee of electricity.  The electricity is supplied to photo studio through the connection, existing in the name of the complainant for about last 30 years and the complainant is a bonafide consumer of electricity under the O.Ps and he regularly pays the electricity bill without default.  In the month of February,2019 the complainant received the electric bill dt.21.2.2019 for the period from 22.01.2019 to 21.2.2019, and the bill amount was Rs.4297.80p(Arrear Rs.3437.20p + current Rs.860.60p) and the rebate date  was 28.2.2019.  A copy of the bill dt.23.3.19 is Annexure-1.  On 9.3.19 the complainant paid Rs.2528.00 out of the total bill of Rs.4298.00 vide money receipt no.013693.  A copy of the receipt dt.9.3.2019 is filed as annexure-2.  In the month of March, the complainant received bill dt.23.3.2019 for the period from 21.2.2019 to 23.3.2019 which reflected that the bill amount was Rs.5287.00(Arrear Rs.4298 + Current Rs.989/- only) and  in the said bill , the O.Ps have ignored the payment of Rs.2528.00 by the complainant.  The rebate date as per the bill was 31.3.2019 and the complainant would have to pay Rs.5272/- whereas after the rebate date he would have to pay Rs.5287/-.  When the complainant objected to the bill amount, the accountant mentioned on the bill that the complainant would have to pay Rs.2744.00 after adjustment of Rs.2528/-.  A copy of the bill dt.23.3.19 is filed as Annexure-3.  On 29.3.2019 at about 11.30 A.M in absence of the complainant the service line of the above photo studio was disconnected at the behest of the J.E, the O.P No.4 violating the provisions of Sec-56 of Indian Electricity Act-2003.  When an employee of the studio objected to it, the linesman did not listen to him.  As per the Sec-56 of Indian Electricity Act-2003, 15 days clear notice is mandatory for disconnection of electric line.  After getting the information about disconnection of electric line, the complainant rushed to the office of the J.E and asked him as to why and under what circumstances his line has been disconnected on 29.3.2019 whereas the due date for payment of bill was 31.3.2019.  J.E admitted that it was a wrongful disconnection and there was absolutely no cause of action for the disconnection but the electric connection could not be restored till 3.55 P.M even though the complainant cleared the entire outstanding dues of Rs.2744/- vide money receipt No.757400 and approached all the O.Ps for immediate reconnection.  A copy of the money receipt dt.28.3.19 is annexed as Annexure-4.  The J.E. restored connection of electricity to the complainant’s studio at 3.55 P.M for which the complainant suffered a lot as he was humiliated by the customers due to non-delivery of photos in time.  The business of the complainant was seriously affected. 

The complainant has prayed for a direction to the O.Ps to pay Rs.60,000/- towards financial loss, loss of good will Rs.2,00,000/- and Rs.2,00,000/- for mental agony suffered during the period of disconnection.

2.The O.Ps though appeared through their counsel but did not file written version , so they were set exparte.

3.We have heard from  learned counsel of the complainant and gone through the case record and documents and found that the complainant  is a bonafiide consumer and he pays the power bill regularly and he is not in default of paying the bill.  But the O.Ps who are responsible officers acted in casual manner.  The O.Ps also have not verified the payment made by the complainant. On consideration of uncontroverted averments made by the complainant on oath together with the enclosures filed by the complainant, it is held that there is deficiency in service and unfair trade practice on the part of O.Ps for which the O.Ps are liable jointly and severally to pay compensation.

                                                                            ORDER

The prayer of the complainant is allowed exparte against the O.Ps and the O.Ps are directed to pay Rs.50,000/-(fifty thousand) only as compensation towards mental agony and harassment to the complainant within a period of 45 days from the date of receipt of copy this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 9^th  day of November,2020  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                            Member (W)                                                                                                                                                                                                                                                                                                                                                                                                                                (Sri D.C.Barik)

 President.