Orissa

Sambalpur

CC/66/2017

Sri. Sarat Chandra Mohanty - Complainant(s)

Versus

1- The authorized Officer, WESCO UTILITY,Burla - Opp.Party(s)

Sri. S. K.Mishra & M.K.Maharana

18 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-66/2017

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sarat Chandra Mohanty,

S/O- Late Narayana Mohanty

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

Dist- Sambalpur, Odisha.                                                                 …..Complainant

 

Vrs.

1. The Authorized Officer, WESCO UTILITY,

Burla, Headquater Office, Burla,

At/Po/Ps-Burla, Dist-Sambalpur.

2. The Sub-Divisional Officer, WESCO UTILITY,

SDO-2, Section-Dhanupali, At/Po-Dhanupali,

•  

3. The Executive Engineer, WESCO UTILITY,

Sambalpur East Electrical Division, Sambalpur,

At-Bhutapada, Ps-Dhanupali,

•  

Counsels:-

1. For the Complainant      :-Sri. S.K.Mishra & M.K. Maharana, Advocate &
   •  
2. For the O.P.s                    :- Sri. S.K.Dora, Advocate & Associates.

 

DATE OF HEARING : 04.07.2022, DATE OF JUDGEMENT :18.07.2022

Presented by Sri. Sadananda Tripathy, MEMBER

1. The case of the Complainant is that the Complainant is a bonafide consumer of the O.Ps having Consumer No. 416232020055 with A/c No. Domestic-10 B-266 and uses to obtain electricity energy from the O.Ps by way of paying monthly charges. The O.P No. 1 is the Head Office and the O.P No.2 and 3 are the area controlling officers of the electric supply company. The Complainant has been supplied with two Kilowatt load and since the year 1996 the Complainant is enjoying the services of the O.Ps by way of paying charges there for from time to time. The O.Ps are in a habit of providing disproportionate bills for the service rendered and many a times the bills provided by them are faulty and arbitrary. On Complains, the old meter of the above mentioned domestic connection of the Complainant was replaced with a new meter vide Meter No. WLT004401 which was installed by the O.Ps on dtd. 15.05.2017 in the house premises of the Complainant. After installation of the new meter the Complainant was supplied a bill dtd. 25.05.2017 amounting to Rs. 22,804/- by the O.Ps out of which an amount of Rs. 1,325/- was the fresh bill amount for the month of April-May 2017 and an amount of Rs. 21478/- was the arrear amount. The bill was prepared on provisional basis calculating 288 units of consumption without recording the meter reading. The Complainant was supplied with a bill dtd 28.06.2017 amounting to Rs. 24,444/- out of which an amount of Rs. 1452/- was the fresh bill amount for the month of May-June 2017 and an amount of Rs. 22,804/- was the arrear amount. The bill was prepared on actual basis wherein the meter reading was recorded as 203 units actually consumed by the Complainant, but the Complainant was charged for 311 units for the month of May-June 2017 where the Complainant was already charged for 288 units for the month of April-May 2017.

The bill dtd. 27.07.2017 for the month of June-July 2017 was furnished by the O.Ps showing a grand consumption of 2910 units which was out and out disproportionate considering the previous consumption and the Complainant’s having only a domestic connection. The previous meter reading in the bill was show as 203 units and current meter reading was 3113 units. An amount of Rs. 16,822/- was charged for 2910 units alleged to have been consumed. Again a sum of Rs. 24,443/- was shown as arrear with a total bill amount of Rs. 41,266/- as payable. For the month of July-August 2017 bill dtd. 28.08.2017 again shows a disproportionate consumption of 1162 units for one month. The previous meter reading in the bill was show as 3113 units and the current meter reading was shown to be 4275 units. An amount of Rs. 6,460.34 was charged for 1162 units,  a sum of Rs. 41,266.13p was shown as arrear and an amount of Rs. 14,842/- was charged sundry adjustment with a total bill amount of Rs. 62,568/- as payable. The Complainant also submitted a grievance application to the Ops and requesting therein to change the defective meter, but the O.Ps did not take any action to revise the faulty bill and also refused to change the defective meter. The O.P No. 2 is also threatening the Complainant to disconnect the electricity connection unless the bill amount is paid within 30 September 2017. On the above grounds the Complainant filed interim petition and praying to pass interim order and directing the O.Ps not to disconnect the electric supply to the house premises of the Complainant till disposal of this case and the District Forum directed the Complainant to pay the disputed current bill amount from August-2017 and onwards on the basis of admitted consumption unit of 300 units and further direct the Complainant to pay 25% of arrear dues shown in May-June bill and clear the arrear amount in four installments. This amount has to be deposited to the O.Ps within 15 days from date of receipt of this order and also directed the O.Ps not to disconnect the electric power supply to the house of the Complainant bearing consumer No. 416232020055 till finalization of this case and receive arrear dues as per the direction.

2. The O.Ps in his written version denied all the allegation mentioned in the Complainant’s petition filed by the Complainant and submitted that the Utility has been raising electricity bills to the Complainant on the basis of actual consumption as recorded in the meter since 25.05.2017 prior to 25.05.2017, the Complainant had been billed on provisional basis from No, 2012 to April, 2016, due to defective reading of the meter. Said defective meter was replaced by a correct meter by the Utility in the premises of the Complainant on 15.05.2017. The bill for the month of April-May was served on 25.05.2017 on provisional basis. Thereafter from May-June, 2017 onwards the Utility has been raising bills to the Complainant on the basis of actual reading. Presently said meter is running correctly and the correctness of the installed meter has also been verified and tested by the Utility on 16.08.2017. Further the O.Ps in his version submitted that the Complainant has never approached the O.Ps raising any dispute with the billing untill the installation of the correct meter on 15.05.2017. The Complainant never disputed the provisional billing which had been remaining in operation till 15.05.2017. The said attitude of the Complainant is against the legal and regulatory provisions prescribed under the Electricity Act, 2003 as well as the OERC Distribution (Condition of Supply) Code, 2004.After installation of correct meter inside the premises of the Complainant,  the bill was raised on 25.05.2017 on average basis. The rational behind such average billing was that the consumption of electricity by the Complainant for the period from 25.04.2017 to 15.05.2017 was not recorded due to defective meter. Therefore basing on the previous average consumption pattern of the Complainant billing for the month of May, 2017 was made on the basis of average 288 units. Further the meter was installed on 15.05.2017 and readings prior to that period were not on record. Therefore the Utility raised such provisional billing to the Complainant. As regards the arrear dues of Rs. 21,478/- the same got accumulated as against the Complainant due to non payment and part payment of past electricity bills by the Complainant. The provisional bills of the Complainant for the period from November, 2012 to April, 2017 may be revised on the basis of actual readings recorded in the new meter installed on 15.05.2017. Further the bills from the period May, 2017 onwards have been raised on the basis of actual consumption recorded in the installed meter expressed in KWH. Therefore there is no scope for the Utility to revise the said bills which have been raised on actual meter reading. Therefore there, being no discrepancy occurred on part of the Utility, further prayer of the Complainant for award of compensation is also liable to be dismissed. The O.Ps also submitted in his version that pursuant to the interim direction of this Hon’ble Forum issued, vide Order dtd. 12.09.2017 the Complainant has deposited an amount of Rs. 6111/- towards 25% of the arrear dues of June, 2017 on 26.09.2017 and the Complainant has not paid the current electricity dues of Rs. 1392/- calculated on 300KWH Units as per said directions of the Hon’ble Forum.
3. From the version and submission of both the parties it is found that the Complainant is a bonafide consumer of the O.Ps having Consumer No. 416232020055 with A/c No. Domestic-10 B-266 and uses to obtain electricity energy from the O.Ps by way of paying monthly charges. Further the bills after installation of new meter furnished by the O.Ps were showing a grand consumption which was out and out disproportionate considering the previous consumption while the Complainant’s having only a domestic connection. So the deficiency in service and monopolized corrupt trade practice of the Opposite parties found.

It is therefore ordered that the Complaint Petition filed by the Complainant is allowed on contest and the O.Ps are directed to revise the disproportionate bills as per the previous average provisional bills and install a new correct meter in the premises of the Complainant. The O.Ps are further directed to pay Rs. 50,000/- toward compensation to the Complainant and Rs. 5,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization.

Order pronounced in the open Court today on 18^th day of July, 2022.

Free copies of this order to the parties are supplied.