Orissa

Sambalpur

CC/42/2019

Biswajit Badpanda - Complainant(s)

Versus

1-Jasmeet Singh Chhabara - Opp.Party(s)

A.K. Hota

10 Oct 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 42/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Biswajit Badpanda

S/o-Narasingh Badapanda,

R/O- Marutivihar, Danipali, Po- Budharaja,

Ps- Ainthapali, Dist- Sambalpur-768004, Odisha         ………………..Complainant

 

Vrs.

1. Jasmeet Singh Chhabara

Sub-Divisional Officer, WESCO, Ainthapali,

Po/Ps- Ainthapali, Dist-Sambalpur.

2. Sanjeet Kumar Naik

Executive Engineer, WESCO, Utility Office,

Ainthapali, Sambalpur Division, At- N.H. 6,

Ainthapali, Po/Ps- Ainthapali, Dist-Sambalpur.

3. Abijit Kumar Dash

Ainthapali, Po/Ps- Ainthapali,

Dist-Sambalpur.                                        …...……….. ….Opp. Parties

Counsels:-

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

 

Date Of Filing :16.07.2019,Date Of Hearing :29.08.2022, Date Of Judgement : 10.10.2022

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is the consumer bearing consumer No. 411/2206-0227 under the O.P No. 1 and 2 since 2004. On dtd. 05.07.2018 the O.P No. 3 namely Abhijit Dash came with some person to the house of the Complainant identified himself as the vigilance staff of WESCO and inspected his Electronic Electric meter fitted by WESCO. On the same day after inspection the O.P No. 3 gave the Complainant a carbon copy of the inspection report in which in column VI reported that all seals of the meter has been tampered. Without any reason the O.P No. 3 along with staff took away the existing meter and fitted a new meter and new seal has been applied bearing seal No. 110496 on dtd. 05.07.2018. The O.P No. 1 served a notice to the Complainant to appear before him to show cause within on or before 16.07.2018. The Complainant went to the office of the S.D.O Electrical Division (1), WESCO, and Sambalpur who is the assessing Officer twice to discuss the fact of letter dtd. 09.07.2018. The O.P No. 1 did not discussed anything with the Complainant and rejected the claim of the Complainant. On 16.07.2018, the Complainant approached the O.P No. 1 and challenges the action of the O.P No. 3. The Complainant orally submitted and objected that the O.P No. 3 is not duly appointed Vigilance Officer of the WESCO to inspect and check the meter. Neither, he is the authorized and appointed by the WESCO to check the meter, nor to see that the meter has been tampered as per law. There is a meter testing wing situated at Burla to Test the meter before fitting the same in the house of the Complainant. Electronic meter fitted on the house of the Complainant was not tested meter. The said has not been tested in office of M.T Laborotary of Burla. The O.P No. 1 & 2 had fitted untested meter in the house of the Complainant. The Complainant further alleged that the meter testing report of the old meter as well as the new meter should be submitted before the Court to show their transparency in this case. Without showing any reason the O.P No. 1 served an assessment order on dtd. 18.08.2018 and claimed from the Complainant to deposit a sum of Rs. 1, 09,540/- before the O.P No. U/S 126 of Electric Amendment Act 2007. The assessment load of the Complainant as per the contract was 3 KW but at the time of illegal inspection in his inspection report the load factor of the house of the Complainant was assessed 6 kw and according the O.P has illegally assessed and demanded Rs. 1,09,540/- from the Complainant. The O.P No. 3 is not the technical person to assess on the spot that the meter has been tampered. He must had to send the said meter to meter testing laboratory of Burla to confirm that the meter has been tempered. The O.Ps have forcibly taken away the old meter and again fitted a untested new meter in the residence of the Complainant. If the Complainant has broken the seal and tampered the meter the meter reader never reported the matter before the O.P No. 1 and 2. The Complainant never tampered the meter rather paid the regular electricity bill as per the reading submitted by meter reader. The O.P No. 1 & 2 were threatening the Complainant to disconnect the electricity to the Complainant unless he pays the claim amount of Rs. 1,09,540/- so that the Complainant forced and bound to pay Rs. 55,000/- on dtd. 29.03.2019 vide receipt No. B-4 8929155. From the date of replacement of new untested meter the O.P No. 1 & 2 are not giving any fresh bill to the Complainant. After completion of formalities the Complainant is ready to pay the bill as per the meter reading.
2. The written statements of the O.Ps is that objected the cause title portion of the petition filed by the Complainant, because the matter is an official one and the Ops have been guided by the Odisha Electricity Act/Central Electricity Act/OERC code and to perform their duty, no personal matter involved.  Upon inspection to the premises of the Complainant by the Ops on 05.07.2018 it was found that the meter installed has been interfered resulting into tampering of the same and bypassing of energy. For the said unauthorized use of electricity by the complaint proceeding of assessment was initiated by the O.P No. 1. Being the assessing officer, under Section 126 of the Electricity Act, 2003 and Provisional Order of Assessment was issued on 09.07.2018 for an amount of Rs. 109543/-, which was subsequently finalized vide Final Order of Assessment on 18.08.2018. The entire proceeding of assessment has been kept out of the purview of the Consumer Protection Act, 1986.
103606587.  

 

1. Is the Complainant a Consumer of the O.Ps?
2. Is there any deficiency in service on the part of O.Ps?
3. Whether this Forum/Commission has power to deal the case of Electricity Act?
4. Whether the Complainant is entitled to getting any relief?

Issue No. 1 Is the Complainant a consumer of the O.Ps?

The Complainant is the consumer bearing consumer No. 411/2206-0227 under the O.P No. 1 and 2 since 2004 and hence the Complainant is a consumer as per the CP Act.

Issue No. 2 Is there any deficiency in service on the part of O.Ps?

The Ops failed to give evidence regarding the meter which was tested or not, by the proper M.T laboratory and further the Ops have not followed the necessary procedure regarding the entire proceeding u/s 126 of the Electricity Act. Hence the O.Ps has complete deficient in service.

Issue No. 3 Whether this Forum/Commission has power to deal the case of Electricity Act?

As per the case law cited by Ops of U.P Power Corporation Ltd. Vrs Anis Ahmed and Batch cases, AIR 2013 (SC) 2766, para-47(ii) which says “47 (ii).  A complaint against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum”. But in this case the Complainant has filed the case and submitted against the Ops for Deficiency in service, Unfair Trade practice and Monopoly of the Ops. This commission has power to deal with the case relating to Deficiency in service, Unfair Trade practice and Monopoly of Ops as per the CP Act.

Issue No. 4Whether the Complainant is entitled to get any relief?

From all the facts of the parties, the Complainant is fully entitled for getting reliefs what he claims in his complaint petition from the Ops.

Accordingly the case is disposed of on contest.

                             ORDER

The complaint is allowed on contest. It is directed to the Ops to refund back the amount of Rs. 55,000/- which was paid on dtd. 29.03.2019, to the Complainant. The Ops are also directed to replace the existing meter with a Tested meter by appropriate M.T Laboratory to the Complainant, Rs. 50,000/- towards deficiency in service , damages and mental agony suffered by the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization. Further the Complainant is directed to pay the monthly electricity bill regularly to the Ops.

Order pronounced in the open Court today on 10^th day of Oct, 2022.

Free copies of this order to the parties are supplied.