Orissa

Sambalpur

CC/47/2018

Nepal Panda - Complainant(s)

Versus

1-superintending Engineer - Opp.Party(s)

Sri. S.S. Sarangi & Sri. A. Purohit

03 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-47/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Nepal Panda,

S/O-Late Nursingha Panda,

At- Goutam Vihar, Bhima Bhoi Nagar,

PO-Budharaja,Ps-Ainthapali,

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

 

Vrs.

1. Superintending Engineer

WESCO, Burla.

2. Sub-Divisional Officer(Electrical)

No.1, Sub Division, WESCO,

Ainthapali, Sambalpur.                                                                                        …..….Opp. Parties

Counsels:-

1. For the Complainant      :-Sri. S.S. Sarangi, Advocate & Associates
2. For the O.P.s                    :- None

 

DATE OF HEARING : 29.06.2022, DATE OF JUDGEMENT :03.08.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT.

1. The case of the Complainant is that the Complainant is a Consumer of the O.Ps having consumer No. 4117-2206-0192, category-domestic, with 02 KW load. The Complainant observed that for about 7-8 months he is paying a particular amount and the meter is not functioning properly. Oral attention was drawn to O.P. No.2 and inspection of the meter. No inspection was made for about 3 months. The officials of O.Ps although visiting the house no any notice has been served for wrong billing each month. One of the meter reading person advised the Complainant to purchase one new meter. The Complainant purchased one meter and requested the O.P. No. 2 to install by replacing the defective one.

After several request the officials of O.Ps inspected and stated that “the meter found tampered by injection liquid inside the meter to Vanish the display.” The meter was intact and seal was intact. The officials of O.Ps tool the meter and prepared a calculation sheet for consumption of 5965W with 6KW load charging Rs. 25,961.30P for the period Nov. 2015 to July, 2016. The house was not rented and given on rent only on 17.07.2016. The officials took the electrical apparatus of the tenant for calculation on 01.08.2016 as per the application of leased accommodation of LIC Housing Finance Ltd. The inspecting officer prepared an inspection report giving without date to manipulate and to charge excessive consumption bill.

To avoid disconnection and with protest the Complainant paid Rs. 20,000/- vide receipt No. A 9 2926007 dated 22.08.2016 and Rs. 5000/- vide receipt No. A9-2926118 dated 27.09.2016. The Complainant paid Rs. 1600/- vide receipt No. A9-2926021 dated 25.08.2016 as cost of meter. Rs. 50/- for meter has not been tested nor any certificate has been provided.

The O.P. No.1 alleged that the meter has been tampered in Dec. 2016 although it is totally operated by the officials. The Letter No. 1288 dated 27.12.2017 alleging a penalty of Rs. 25,961.30P as meter tampered is illegal. The Complainant further alleged that the O.Ps are deficient in service for which the complaint is filed.

2. The O.Ps after receipt of the notice also failed to appear for which on 18.11.2020. Set ex-parte.
3. After perusal of the documents filed by the Complainant it is observed that Inspection report No. 1204610 dated nil has been prepared by the O.Ps with remarks “Meter found tampered by injecting liquid inside the meter to Vanish the display. As meter is not seized on spot. Hence new Box seal applied No. R031116 to keep evidence intact. The O.Ps have supplied a calculation sheet to the Complainant wherein from March 2014 to July 2016 total electricity consumption has been noted and signature of the officer to penalize the Complainant. In the sheet direction made to calculate

@2KW from Dec. 2015 to July 2015,

@4KW from July 2015 to August 2015 and directed to finalize the bill.

The Complaint on 26.09.2016 made a complaint to install new meter and on 14.12.2017 requested to refund the excess charges taken.

The Complainant entered in to rent agreement with one Satyabrata Panda through LIC Housing Finance Ltd. On 20.06.2016 and the lessee entered in to the rental house on 17.07.2016 as it reveals from the packers and Movers receipt dated 17.07.2016.

Letter No. 1288 dated 27.12.2017 of the O.P. NO.2 discloses that Rs. 1600/- has been collected against cost of meter and meter serial No. WVS 13339 was supplied to the Complainant.

The Complainant has paid the following amount to the O.Ps to-wards electricity bill.

05.12.2015       Rs..322.00

25.01.2016        Rs. 322.00

22.03.2016        Rs. 802.00

28.04.2016        Rs, 349.00

22.05.2016         Rs. 350.00

27.05.2016         Complanint No. CSC 14602

20.06.2016         Rs. 347.00

22.08.2016         Rs. 20,000.00

27.09.2016         Rs. 5,000.00

25.08.2016         Rs. 1600.00

18.07.2016         Rs. 350.00

28.09.2016         Rs. 1120.00(installation charges)

28.09.2016         Rs. 1500.00

From the above payment details it reveals that the customer/Complainant has regularly paid the electricity charges. The Complaint against defective meter was made by CSC 14602 dated 27.05.2016. The calculation sheet does not contain date of the officer who directed to calculate penalty, Bill shown till July 2016. After complaint by the Consumer before installing the new meter in September 2016 the assessment was made. The Inspection report does not contain any date it proves the malafide of the O.Ps.

The Complainant as a sensible customer agitated the matter several times. Here question arises complaint was made on 27.05.2016, the meter was installed separately for tenant, paid Rs. 50/- for meter testing on 27.04.2017 (CSC-15559) but the meter was not tested.

From the aforesaid facts and circumstances it is clear that to patch the lacunas the O.Ps have shown a false inspection report having without date and alleged that the meter is tempered although it was sealed, imposed penalty of Rs. 25,961.30P on the Complainant. The deficiency in service is proved against the O.Ps

Accordingly it is ordered:

6698606.  

The complaint is allowed ex-parte against the O.Ps. The O.Ps are directed to refund Rs. 25,961.00 with 9% interest w.e.f. 25.08.2016 within one month failing which the amount will carry 12% interest P.A till realisation.

The O.Ps are further directed to give the meter testing report against complaint (CSC-15559) within one month to the Complainant and a compensation of Rs. 40,000/- within one month failing which the amount will carry 12% interest P.A. till realisation.

The O.Ps are directed to pay Rs. 10,000/- litigation expenses.

Order pronounced in open court on this 3^rd day of August 2022.

Supply free copies to the parties.