Orissa

Sambalpur

CC/40/2018

Jharana Dora - Complainant(s)

Versus

1- Sub Divisional Officer WESCO - Opp.Party(s)

A.K. Panda, A.Panigrahi And Others Advocates

11 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 40/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jharana Dora,

W/O-Krushna Chandra Dora

R/O-Puti Bandh, PO/PS-Dhanupali,

Dist-Sambalpur.                                                   ...………..Complainant

Versus

1. Sub Divisional Officer(Elect) WESCO,

AT/PO/PS-Dhanupali,

Dist-Sambalpur-768005.

2. Executive Engineer(Elect) WESCO,

Sambalpur East Electrical Division

Jail Chowck, Sambalpur.                                     …………...Opp.Parties

 

Counsels:-

1. For the Complainant      :-          Sri. A.K.Panda, Advocate & Associates
2. For the O.P.s                    :-          Sri.S.K.Dora, Advocate & Associates

 

Date of Filing:10.08.2018,  Date of Hearing :17.01.2023  Date of Judgement :11.04.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the complainant is that the complainant has taking a domestic category connection from the Opp.Parties having Consumer No.4162/3206-0661. The complainant with her family members were absent on 18.7.2017 in her house. After return to house came to know that power has been disconnected. Complaint was made to Section Officer for restoration of power but he denied to restore. The O.P.No.1 was requested and he specifically replied to deposit Rs.30,861/- towards penalty and Rs.150/- reconnection charges. Although regular bill has been paid to the Opp.Parties but they told unless the amount is not paid power shall not be restored. Being compelled the complainant deposited Rs.30,000/- . From every month receipt it was ascertained that penalty has been imposed. The complainant on 18.7.2017 asked for the reason of imposition of such penalty and also requested to refund the amount. Without service of notice power has been disconnected illegally violating OERC Electricity Act, 2003 and in a monopolistic way by unfair means acted arbitrarily. Without any reason demand can not be raised and demand can be ascertained through proper meter.

          For deficiency in service the complaint has been filed.

2. The O.Ps in their version submitted that the complainant has been permitted a load of 2 K.W under LT/Domestic category. Supply has been extended since 30.4.2016 having energy meterNo.WVS 01109. The complainant is irregular in payment for which the outstanding dues till July 2022 is Rs.46,490/-.

In periodical inspection on 11.7.2017 the vigilance teams of Opp.Parties found that power is used un-authorisedly  of a connected load of 2 K.W. Inspection report was prepared on the spot and power supply was disconnected under Regulation 46 of the OERC Code,2004. Basing on the inventory report the Assessing Officer assessed and issue provisional order of Rs.30,861/- vide letter No.817 dtd.14.7.2017 U/S 126 (2) of the Electricity Act,2003 . The consumer was asked for personal hearing before assessing officer on the date fixed. The complainant not filed any objection consequently vide letter No.843 dated 18.7.2017 issued final order of assessment U/S 126(3) of the Electricity Act,2003 for an amount of Rs.30.861/-.

          The complainant paid Rs.30,861/- and reconnection chage of Rs.150/- and  thereafter power supply was restored.

On 16.7.2018 the Vigilance team found tampering by shating loop from phase to phase and neutral to neutral from outside the meter . The consumer replaced the new meter No.WLT-162794. Considering the O.P;.No.1 reduced the assessment amount for an amount of RFs.20,000/- and consumer was requested to pay the final assessed amount . In March 2019, the complainant paid Rs.20,000/- the complaint is not maintainable as the matter is involved with assessment proceeding U/S 126 of the Electricity Act,2003 as alternative is available U/S.127. The O.P. cited the Executive Engineer and another’s- Vrs- M/S.Seetaram Rice Mill Case judgment Court in Civil Appeal No.8859/2011 and dated 1.7.2013 in Civil Appeal No.5466/2012 U.P.Power Corp.Ltd and others -Vrs- Anis Ahmed (2013) 85CG491. The assessment made is proper and the complainant is not entitled for any relief.

3. Perused the documents filed by the complainant. Receipt No.B2 0470115 dated 18.7.2017 for Rs.30,861/- issued by O.Ps for penalty and receipt No.B2 0470116 Dtd.18.7.2017 for Rs.150/- towards reconnection charges. The complainant made a quarry and objection to disconnection of power supply and imposition of penalty dated nil.

          The O.Ps filed the following documents:-

(a)     Inventory/Inspection report dated 11.7.2017.

(b)     Provisional order of assessment dated 14.7.2017.
(c)      Final order of assessment dated.18.7.2017.

(d)     After perusal of the complaint, version and documents filed by the parties the following issues are framed:

ISSUES.

1. Whether this complaint is not maintainable in view of the proceeding U/S 126 and 127 of the Electricity Act, 2003?
2. Are the Opp. Parties deficient in their serviced violating the OERC Code and the Electricity Act, 2003?
3. What relief the complainant is entitled to get?

ISSUE NO.1 Whether this complaint is not maintainable in view of the proceeding U/S 126 and 127 of the Electricity Act, 2003?

The Opp. Parties submitted that the matter is U/S.126 of the Electricity Act, 2003 for unauthorized use of electricity as per inspection made on 11.07.2017. The Opp. Parties served provisional assessment order dated 14.07.2017 and final assessment order dated 18.07.2017 for an amount of Rs.30,861/-. The power supply was disconnected on 18.07.2017. The submission of the complainant is that on 18.07.2017 while she was absent along with her family members power supply was disconnected, when the O.P.No.1 was approached, unless and until the amount is not deposited power supply shall not be restored , it was her version . The complainant paid Rs.30,861/- towards penalty and  Rs.150/- for reconnection charges. The complainant on 18.10.2017 sent a notice about arbitrary and unlawful imposition of penalty, the notice received on 20.10.2017. The Opp.Parties not provided any information. From the documents filed by both the parties it reveals that to bring a case Under Section 126 and 127 of the Electricity Act provision  of Section 171 of the Electricity Act to be followed by the Opp.Parties,. In the present case the Opp.Parties filed the inspection report not served to the complainant. The noticed shown given to the complainant dated 11.07.2017 also not served to the complainant dated 11.07.2017 also not served to the complainant. The notice shown given to the complainant dated 11.07.2017 also not served to the complainant. The final assessment dated 18.07.2017 also not served. While initiating proceeding the procedure has not been followed. Accordingly, on compulsion the complainant deposited the demanded amount of Rs.30,861/- vide receipt No. 0470115 dated 18.07.2017. Likewise for restoration of power Rs.150/- reconnection charge was deposited vide receipt No. 0470116. The O. Ps failed to establish the acknowledgement of receipt of complainant.

Accordingly, the issue is answered in favour of the complainant. There is clear violation of the Electricity Ac by the Opp.Parties.

ISSUE NO.2. Are the Opp. Parties deficient in their services violating the OERC Code and the Electricity Act, 2003?

As due procedure has not been followed while disconnection the power supply and assessment made without following due the Opp.Parties are deficient in their service. The complainant asked for information about the imposition of penalty vide letter dated 18.10.2017 and it was duly received by the Opp.Parties on 20.10.2017as per report of Superintendent of Posts, Sambalpur dated 27.10.2017. The Opp.Parties failed to explain why information was not provided after receipt of the notice till filing of this complaint on 3.7.2018. In version also the Opp.Parties not explained the receipt of notice keeping the consumer in darkness remain aloof, it amounts to deficiency in service.

The Opp.Parties in their version stated that on 16.7.2018 the Vigilance team found that the meter tampered. Inspection report shown as annexure-4, but not filed in the complaint. The provisional assessment letter No.1156 dated 27.07.2018 requested the complainant to depositRs.20,000/- the final assessed amount  . When the complaint was filed before this Commission, the Opp.Parties created a story and shown Rs.20,000/- as final assessment. Only for that reason the inspection report provisional assessment and final assessment report was not filed. The Opp.Parties have violated the provisions of OERC Regulation and also the Electricity Act.

Accordingly, monolistic practice and suppression of facts are established against the Opp.Parties.

                   The issue is answered accordingly.

ISSUE NO.3. What relief the complainant is entitled to get?

From the supra discussion it is clear that the Opp. Parties failed to defend their case and harassed the complainant, is entitled for relief.

          It is ordered:

 

ORDER.

The complaint is allowed on contest against the Opp.Parties. The O.Ps are directed to refund Rs.30,861/- + Rs.150/- to pay complainant with 9% interest P.A. w.e.f. 18.7.2017 along with compensation of Rs.25,000/- and litigation expenses of Rs.10,000/- . In case of non-payment to entire amount will carry 12% interest P.A w.e.f. 18.07.2017 till realisation.

                Order pronounced in open court on this 11^th day of April 2023.

Supply free copies to the parties.