Date of Filing: 19.01.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: JAGATSINGHPUR

Present:

                        1. Mr. P. K. Padhi          ………………..        President

                        2. Mrs. M. Swain            ……………….        Member

                                                                  C.C. No.22/2024

Gyanaranjan Mallick,

S/o. Late Natabar Mallick,

Vill.- Biritol,

P.O.- Rasulpur,

P.S.- Tirtol,

Dist.- Jagatsinghpur.……… Complainant

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1. The S.D.O., (Elect), TPCODL,

Electrical Sub-Divn., Tirtol,

2. The Deputy Manager,  TPCODL,

Electrical Sub-Divn. Tirtol,

3. The Asst. Manager (J.M.), TPCODL,

Electrical Sec., Tirtol,

All are At/P.O./P.S.- Tirtol,

Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. A. Prusty, Advocate

For Opposite Parties………..S.D.O., Elect., TPCODL, Tirtol

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                             JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of C.P. Act, 2019 seeking following relief;

            “Direct the opposite parties to revise the average and wrong bills and install a new tested meter with testing certificate and pay compensation and cost of litigation.”

            Brief fact of the case of complainant is that, after super cyclone the power supply was restored in the year 2000. But without installation of meter the CESCO became the distributing authority of energy did not revise the bills, while the tested meter was installed and meter reading bills was issued, but despite several request the bills was not revised for the disrupted period. Due to meter defect, timely the new tested meter was not installed in time, knowingly and intentionally the opposite parties imposed average bills against the complainant which is main reason for extending the outstanding amount. But despite several efforts of the complainant, the present opposite party installed new tested TPCODL meter on 20.02.2020 which is without testing certificate. So dispute arose since the year 2022. The opposite parties without giving disconnection notice tactfully manage the situation disconnected the power supply of the complainant.

            Opposite parties have filed their written version stating as under;

            Sri Natabar Mallick father of complainant of village at Birtol vide consumer No.04419898 got power supply under Tirtol Electrical Sub-Division after 1999 super cyclone with installation of a manual meter. As per ledger abstract the complainant has remain unpaid the monthly electricity dues for which each month disconnection notice served to the complainant along with monthly bills. The average and abnormal bills served to the complainant from 08/2008 to 03/2010 and again from 01/2015 to 03/2020 due to defective of old meter. It is quite impossible to revise the above average period because of the average meter reading consumption is much more higher than the average unit.  

            From the aforesaid disputed fact it is found that both parties are callous for years together either in paying the bill or in issuing or insisting on payment of bills or in installing new meter and both parties have also not filed any supporting documents in their favour.

            Therefore taking into aforesaid fact and circumstances of the case we direct the opposite parties to deduct 40% as is being normally deducted from the pending bill as on date and out of 60% of remaining bill complainant shall pay 10% within a week and the opposite parties shall immediately supply power to the house of complainant on receipt of 10% amount as directed above and rest 50% shall be paid in 10 installments within a year from the date of order along with regular bill. The opposite parties are also directed to install a new meter at the cost of complainant and issue regular bills. The complainant is also directed to pay his regular bill along with 50% arrear in each month as directed above. If the opposite parties fails to reconnect the power supply after receipt of 10% amount then opposite parties shall pay cost of Rs.100/- per day after 3 days of payment of 10% and no reconnection fees shall be claimed by opposite parties as the opposite parties have disconnected the power supply in spite of our order dt.19.01.2024 and without vacating our order. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.     

            Pronounced in the open Commission on this 22^nd Nov.,2024.