DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C. No 25 of 2015
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
Sri Achyutananda Nayak, aged – 70 years
S/O- Late Padma Charan Nayak At- College Square
Po/PS: Phulbani Dist: Kandhmal, odisha. ……………………….. Complainant.
Versus.
1.The Execitive Engineer,
Phulbani Electrical Division, Phulbani
PO/PS: Phulbani Dist: Kandhamal, Odisha
2. The Junior Engineer,
Phulbani Electrical Division, Phulbani
PO/PS: Phulbani Dist: Kandhamal Odisha. …………………………… OPP. Parties.
For the Complainant: Sri N.K Padhi, Advocate and his Associates
For the OPP. Parties: Sri H.Ch. Maharana,Advocate , Phulbani
Date of Order: 27-07-2016
O R D E R
The case of the Complainant in short is that he is a Consumer under the Opposite Parties bearing Consumer No.292101080049 (Old A/ No. 1001/A-462). He has paid the electric dues regularly till the month of April 2015. In the month of June 2015 the staff of the O.Ps came to the premises of the Complainant and shifted the meter to outside of the premises as per the official instruction. But in the month of July 2015 the Complainant had received the electric bill amounting Rs. 45,736/- without any prior intimation. The Complainant raised objection before the O.Ps regarding the enhancement of the electric bill but no action was taken on their behalf, for which he was
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suffering mentally .Hence, the Complainant has filed this complaint against the O.Ps due to deficiency in service on their part.
The reliefs claimed by the Complainant as follows:
1.to direct the O.Ps to correct the bill and issue a fresh bill.
2.to direct the O.Ps to pay Rs. 10.000/- as compensation towards
harassment and mental agony of the Complainant.
3.to direct the O.Ps to pay Rs. 3,000/- towards cost of legal expences.
After appearance of the Opposite Parties through their advocate they had taken many adjournments to file version but they failed to file the version in time. So they were set exparte on 05-07-2016.
We have heard the learned counsel of the Complainant and perused the complaint petition. We have gone through the electric bills submitted by the Complainant for the month of March, April, May and June of 2015. It is seen that though the bill amount was Rs. 45,746/- of the month of June 2015, the Sundry adjustment amount was Rs. 39,958/- .The basis of this bill was average though the consumer status was regular, the Complainant has received this bill in the month of July 2015 for the consumption period of June 2015. In the said bill Rs. 5, 196,39 paisa was mentioned as arrears. The learned counsel of the Complainant has fairly submitted that the Complainant has no objections to pay the arrear amount of Rs 5, 196,39 paisa but he raised objection regarding the sundry adjustment amount of Rs. 39,958/-.The O.Ps have also failed to explain the reason and basis of this adjustment amount . Sudden enhancement of the bill amount without any bonafied reason amounts to deficiency in service. In this case the burden lies on the O.Ps to prove regarding the billing of excess amount but they are not interested to file there version in time in spite of repeated dates. In the said circumstances we believe the Complainant and accordingly the Complaint is allowed exparte against the O.Ps.
The O.Ps are directed to correct the bill supplied by them to the Complainant for the month of June 2015 by deleting excess amounts of Rs. 39,958/- as this amount seems illegal and wrong. The O.Ps are further directed jointly and severally to pay Rs. 5,000/- as compensation to the Complainant for harassment and mental agony of the Complainant who is a senior citizen of 70 years old. No separate cost is awarded. The O.Ps are directed to comply the order within 30 days from the date of receipt of this order.
The interim order passed on 23-09-2015 by us is hereby vacated. Supply free copies of this order to both the parties at an early date. The C.C is disposed of accordingly.
MEMBER MEMBER PRESIDENT
