DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GAJAPATI,
PARALAKHEMUNDI.
Present: 1. Shri Rajendra Kumar Panda, President. 2. Smt. Puspanjali Mishra, Member (w).
Consumer Complaint No. - 01/ 2016.
Filling Date: - 27/01/2016. Order Date:- 05/09/2017
Smt. Anupama Mahapatra, 56 years,
W/o:-Radhakrishna Mahapatra,
At:- Erdala Street,
Po/Ps/Town:-Paralakhemundi,
District:-Gajapati, Odisha.
Electricity Consumer No – 312105150036 .………Complainant.
Versus
1. The Executive Engineer (Elect.)
South Co. Paralakhemundi Electrical Sub-Division.
At/Po/Ps. Paralakhemundi, Dist-Gajapati.
2. The Sub – Divisional Officer (Electrical), South Co,
At/Po. Paralakhemundi,
Dist:- Gajapati, Odisha. …………Opp.parites.
- Counsel for the Complainant … Sri. P. K. Padhi
- Counsel for the Opposite parties … Sri. S. S. Sabat
- Date of Conclusion of hearing … 08.08.2017
- Date of order … 05.09.2017
| | Sri R.K. Panda, President |
Brief facts of the case:-
The complainant filed this case with a prayer to direct the opposite party to revise the demand consumption bills for the month of Nov. 2014 to till date and for issuance of demand consumption bills as per actual meter reading and for payment for Rs. 50,000/- to the complainant towards compensation, damages & cost of litigations.
The case of the complainant as per the complaint petition is that she is the beneficiary consumer under the opposite parties. The opposite parties are the service providers of electricity supply to her premises upon payment of electricity consumption charges to then (opposite parties) as consideration for take service.
The complainant pleaded that she has been paying the electricity consumption charges to the O.Ps. as per consumption shown in the meter supplied by then (O.Ps.). The opposite parties have been regularly taking down the consumption meter reading and never raised any defects with regard to the meter. The O.Ps. never pointed out any defects in the demand consumption bill. She further pleaded that the meter shows actual and correct consumption reading, since the O.Ps. have been serving the consumption bills upon the complainant regularly every month without pointing out any defects or deficiencies in the meter with regard to tampering and mishandling or the standing running conditions for the last several years.
The O.Ps. through their vigilance authorities checked the meter on dtd. 12.08.2013 and pointed out for the 1st time that the meter is running slowly and required replacement immediately. The complainant has filed the relevant inspection report dtd. 12.08.2013. The O.Ps. all on a sudden demanded the complainant to pay a sum of Rs. 78,629/- on the ground that the meter is running slowly. The complainant filed the assessment order claiming Rs. 78,629/- & challenged the legality of the said assessment order before the consumer grievance redressal Forum, South Co. utility, Jeypur on the ground that the complainant is not responsible for the defects, if any lying in the meter and the O.Ps. are exclusively responsible for the same and the complainant is not liable to pay the said assessment amount. The said grievance petition was disposed off on dtd. 25.03.2014 with a specific direction to O.P. No. 2 (S.D.O.) to resolve the dispute within a maximum period of 30 days and in the event of failure, a fine of Rs. 50/- per day is to payable to the complainant. The O.Ps. assured complaint to resolve the dispute and directed to pay Rs. 20,000/- towards part payment. The Complainant paid Rs. 20,000/- on 03.04.2014 as part payment under pressure and filed the said receipt in this case. The O.Ps. subsequently did not resolve the dispute inspite of several requests of her. The consumer Grievance Redressal Forum issued another letter on dtd. 29.08.2015 to resolve the dispute within 10 days. The said letter dtd.29.08.2015 is filed. The complaint approaches O.Ps. several times, to get her dispute resolved, but O.Ps. simply neglected and ignore the orders of the consumer Grievance Redressal Forum South Co. Jeypore without rendering any service to the complainant. The acts and deeds of the O.Ps. are deficient which caused physical pain and mental agony to the Complainant.
At this Juncture the complainant received a letter on dtd.10.12.2015 from the Consumer Grievance Redressal Forum South Co. utility, Jeypore informing the Complainant to approach appropriate Forum for redressal of the Grievance as it has no Jurisdiction. The Complainant filed the said letter dtd.10.12.2015. Hence, the Complainant took the shelter of this Forum.
The O.Ps. entered appearance, but they have not filed the counter/version and they have also not adduced evidence to challenge the case of the Complainant.
This Forum Framed the following issues for determination.
- Whether the Complainant is a Consumer?
- Whether this Forum has Jurisdiction to entertain the Complaint?
- Whether there are any deficiencies of services on the part of the O.Ps?
- Whether the Complainant is entitled for any damages?
- To what other relief complainant is entitled?
Perused the Complaint petition and the documents filed by her in support of her case. The Complainant is a consumer under the O.Ps. since she is enjoying the electricity, supplied by the O.Ps. upon payment of consideration amount.
The O.Ps. have appeared in the case but they have not contested the case by filing version/counter and they have also not adduced any evidence to rebut the case of the complainant and as such the case as set-up by the complainant is to be believed as true and reliefs is to be considered and Justice is to be rendered unless and otherwise barred under any other law.
Though the case appears to be a case U./S 126 of the Electricity Act, but it is a case coming within the purview of the complaint as defined in section 2(1) (c) and deficiencies of service as defined in section 2 (g) of the Consumer Protection Act, in view of the following observations:
The Complainant has been getting the demand consumption bills every month regularly from the O.Ps. after taking the reading from the meter, but they never pointed out that the meter is defective, meter is tampered or mishandled at any time for the last several years. As such the complainant is under the strong impression and believe that the meter is running properly by giving correct reading. The O.Ps. all-on-a sudden cheeked and inspected the meter on dtd.12.08.2013 for the first time and pointed out that the meter is running slowly, for which they demanded Rs. 78,629/- from the Complainant, on the ground that the complainant enjoyed the electricity without Payment to the same for the last several years due to slow functioning of the meter. It means, the O.Ps. demanded Rs. 78,629/- from the complainant, which is a price in excess of the units of consumption shown in the meter for the last several years. This particular act of the O.P. is nothing but an unfair trade practice and restrictive trade practice adopted upon the complainant. Besides, the O.Ps. collected Rs. 20,000/-on dtd. 03.04.2014 from the Complainant by assuring her that they would resolve the dispute by considering the order/ the letter No. 1298(4) dtd. 25.03.2014 of the Consumer Grievance Redressal Forum, Jeypore. The complainant approached Several times to get her dispute resolved as per the orders dt.25.03.2014 of the Consumer Grievance Redressal Forum, South-Co.-Jeypore, but the O.Ps. simply neglected and ignored the said order, but mischievously collected Rs. 20,000/- from the complainant after making her to run around their office for several months and finally Consumer Grievance Redressal Forum, South Co. Jeypore, raised its hands by saying that it has no Jurisdiction. These acts and deeds of the O.Ps. caused heavy physical pain and mental torture.
Functioning and non – functioning, running slowly or running Fast is the subject of technical knowledge and the consumer is not expected to have such technical knowledge. In the present case, the O.Ps. never told the complainant that the meter is running slow, even if they are taking the reading every month regularly.
The O.Ps. are observing the meter every month at the time of taking reading but they never told meter is running slow or tampered. The Complainant shall not suffer due to the negligent, deficient service of the O.Ps. As such, it is a clear case of deficiencies of service and this Forum has got Jurisdiction. Accordingly, the issue No. 2, 3 & 4 are answered in favour of the Complainant.
O R D E R
Hence, the O.Ps. are directed to revise the demand consumption bills from the month of Nov. 2014 to till date as per actual Consumption as shown in the meter without demanding Rs. 78,629/- as shown in the Final assessment order dtd. 18.09.2013 with litigation cost of Rs. 5,000/- within sixty days from the date of receipt, failing which O.Ps. are directed to pay Rs. 100/- per each thirty days delay towards damages to the Complainant and Rs. 100/- to the Consumer Welfare Fund. Further the O.Ps. are direct to install new meter if feels necessary as per provision. The case is disposed off, accordingly.
Supply extract of the order to the parties forthwith at free of cost.
Member President
The order dictated to the Bench Clerk, typed by him and corrected by me and pronounced in the open Court, on this day of _____________________, 2017 under our signatures and seal of the forum.
Typed by me.-
Member President
