Date of filing:- 20/12/2019.
Date of Order:-27/05/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 106 of 2019.
Suresh Maharana, S/o late Gopinath Maharana, R/o W. No. 05(five), Near Gandhi Chowk, Barpali, Po. Barpali, Ps. Barpali, Dist. Bargarh.
..... ..... ..... Complainant.
-: V e r s u s :-
- Section Officer, Western Electricity Supply Corporation Ltd., Section-01(one), Barpali, At- W.No.05(five), Barpali, Po/Ps. Barpali, Dist. Bargarh.
- Sub-Divisional Officer, Electrical Sub-Division, Western Electricity Supply Corporation Ltd., Barpali, At- W.No.02, Barpali, Po/Ps. Barpali, Dist. Bargarh.
...... ..... ......Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri R.N.Dash, Advocate with associates.
For the Opposite Parties :- Sri T.C.Tripathy, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.27/05/2024. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President:-
1) The case of the Complainant is that the Complainant is a bonafide consumer of Western Electricity Supply Corporation Ltd bearing consumer No. 5151-0102-0078 and the Complainant is using the electric connection for domestic purpose. The Complainant is residing with his family members which includes his wife, two daughters and one son. On 18-12-2019 some staff of Opposite Parties came to the resident of the Complainant at about 10.00 AM and disconnected the electricity supply of the resident of the Complainant. The action of the Opposite Parties are arbitrary, illegal and against natural justice. The Complainant is regularly paying the electricity charges every month as per the actual consumption and as per the bill supplied by the WESCO every month. The action of the Opposite Parties is clearly deficiency of service as the Complainant is a bonafide consumer of WESCO. Hence the Complainant filed this case before this Commission.
2) The case of the Opposite Parties is that the Opposite Parties field their version. The Opposite Parties submitted that during inspection of the premises of Complainant on 01-08-2018 it is detected that two numbers of electricity connection are provided to the premises of Complainant vide Consumer No. 5151-0102-0078 under domestic category for 2.5 KW load and another Consumer No. 5151-0102-0077 under commercial category for 3 KW load and both the meters were tempered by the Complainant. Accordingly the inspecting officer prepared the physical verification report dt. 01-08-2018 and forwarded the same to the authority for enhancement of loan and for panel assessment proceeding U/s 126 of the Electricity Act 2003 for unauthorized consumption of electricity by the Complainant. The inspection was duly conducted as per procedure under the Electricity Act 2003 as well as OERC Distribution (condition of supply) Regulation 2004 in presence of Complainant. But the Complainant not only refused to acknowledge the inspection report but also refused to receive a copy of inspection report for which copy of the same was affixed in the wall of Complainant. After inspection the Opposite Party raised the provisional assessment order to the tune of ₹49,263.55/-(Rupees forty nine thousand two hundred sixty three and fifty five paise)only for domestic connection and ₹1,43,315.71/-(Rupees one lakh forty three thousand three hundred fifteen and seventy one paise)only for the commercial connection which was served on Complainant vide assessment order No. 408 Dt. 02-08-2018. On receipt of assessment order the Complainant approached the Opposite Party for early settlement of the matter, especially with regard to the domestic connection. Considering the approach of the Complainant the Opposite Party by taking lenient view reduced about 50%(fifty percent) of the provisional assessed amount and passed final assessment order to the tune of ₹24,631.77/-(Rupees twenty four thousand six hundred thirty one and seventy seven paise)only so far the domestic consumer No. 5151-0102-0078 is concerned, which was accepted by the Complainant and made payment thereof and the Opposite Parties restored the electricity connection. The Complainant has not made any payment so far commercial consumer No. 5151-0102-0077 is concerned. On verification it is further found that the Complainant had unauthorizedly extended electricity from the domestic premises to his commercial premises by tampering the electric line. For such unlawful action on part of Complainant, the restored domestic supply immediately further disconnected. The action of the Opposite Parties does not suffer from any illegality. The Complainant has not come to the court in clean hand. By suppressing the truth, the Complainant has obtained an interim order on 27-12-2019 for restoration of electricity connection. The Opposite Parties have immediately complied the order though the Complainant is not entitled to get any supply. Again the Opposite Party submitted that the complaint case is not maintainable as such dispute is coming under Section 126 and 127 of the Electricity Act-2003 and the Opposite Party is authorized under the Electricity Act-2003 to assessed the final assessment order for unauthorized uses of electricity by any of its consumer or any other persons and take action against them under Section 126 of the Electricity Act-2003. The Opposite Parties prayed for dismissal of the case.
3) After perused the complaint petition, version and documents filed by the Parties and following issues are framed :-
Issues
- Whether the Opposite Parties are deficient in service ?
- Whether Complainant is entitled to get relief ?
Issue No.1(one)
4) After perusal of record it reveals that the Opposite Party has filed physical report of 01-08-2018, provisional assessment order dated 02-08-2028 and final assessment order dated 01-09-2018. In this matter the Opposite Party settled the case. The Opposite Parties in their version submitted that again the electricity connection was disconnected but the electricity connection was connected by the interim order of the Commission on 27-12-2019 and intimate the Complainant vide letter No. 05 dated 02-01-2020. But the Opposite Party did not file any document regarding physical verification report or provisional assessment order or final assessment order or second disconnection. Hence the disconnection made by the Opposite Parties is illegal. Accordingly the Opposite Parties is deficiency in service. The issue is answered accordingly.
Issue No.2(two)
5) For deficiency in service of the Opposite Parties the Complainant is entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order passed:-
O R D E R
6) The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are warned not to disconnect the electricity connection without reason. The Opposite Parties are directed to pay Rs. 20,000/-(Rupees twenty thousand)only for deficiency in service and Rs. 5,000/-(Rupees five thousand)only for litigation expenses to the Complainant within one month from the date of this order. Failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
Order pronounced in the open court on 27th day of May 2024.
Supply free copies to the Parties.
Typed to my dictation
and corrected by me.
I agree, ( Smt.Jigeesha Mishra)
P r e s i d e n t.
(Smt. Anju Agrawal)
M e m b e r(w).
