CENTRAL ELEC. SUPPLY COMPANY LTD. vs ATAL BEHARI KANUNGO

THE respondents are residents of village Erancha. THEy have filed this complaint alleging deficiency in service on the part of the appellants - CESCO authorities. THEir grievance was low voltage of power supply and non-installation of additional transformers.

BY the impugned order dated 2/2/1999, the District Forum restrained the appellants from raising any energy bills from July 1997 till restoration of proper supply of power. It has also permitted the appellants to inspect the premises of the respondents to find out if their meters were in working order. Being aggrieved by the above decision, the CESCO authorities have filed this appeal. In course of hearing, Mr. Pattnaik, learned Counsel for the respondents submitted that the problem of low voltage of power supply is still in existence and appellants have not taken any steps to remedy it. In view of such allegation, we called upon the Executive Engineer, Cuttack Electrical Division, CESCU, Cuttack to visit the village Erancha and apprise us about the position by filing an affidavit. In obedience to the said direction, the Executive Engineer visited the village on 6.7.2007 and has filed an affidavit stating as follows: "That during my visit to village Erancha on 6/7/2007, it was found that power supply has been provided to the consumers of village from 11 KV Nodha-Dimiri Feeder. The consumers of the village are being provided with power supply from two numbers of 100 KVA transformers and one 63 KVA Transformer. From the 63 KVA Transformer, 53 numbers of domestic consumers having 58 KW load are availing power supply. In one 100 KVA Transformer, 60 numbers of consumers having 70 KW load are availing power supply and in other 100 KVA Transformer, 80 numbers of domestic and commercial consumers having 83 KW load are availing power supply. There has been no such low voltage of two numbers of 100 KVA Transformers. So far as 63 KVA transformer is concerned, it is found that there has been low voltage to the consumers connected with the 63 KVA Transformers. During verification of the transformer, it was found that there has been no supply in one phase of the LT side of the Transformer, due to which there has been voltage problems to the consumers connected with the said transformer. On receipt of complaints on the spots, I have taken steps for replacement of the said transformer. The said work shall be done within a period of 15 days."

From the above, we have no hesitation to hold that there is no improvement of power supply and the respondents are still facing the low voltage problem. The Executive Engineer in his affidavit has fairly stated that he has already taken steps for replacement of the transformer which would be done within a period of fifteen days. The Executive Engineer filed an affidavit on 13/7/2007. Considering the situation, we give time till the end of this September to replace the transformer.

Mr. Pattnaik further submitted that the respondents should be exempted from payment of energy charges. We are not inclined to accept the above submission. It is true that the power supply was not to the expectation of the respondents, but fact remains that they have been consuming power, for which they are bound to pay the energy charges. Mr. Nayak, learned Counsel appearing for the appellants has produced before us the bills for the relevant period indicating arrears against each of the respondents. Having regard to the facts and circumstances, we are of the opinion that ends of justice will be met if 30% rebate is given to each of the respondents. We order accordingly. Each of the respondents shall pay 70% of the arrear bills outstanding against them within end of October, 2007. If the respondents fail to pay the amount, the appellants would be at liberty to take such action against them as permissible under law.

THIS appeal is dismissed with the above observation and direction. Records received from the District Forum may be sent back forthwith. Appeal dismissed.