Orissa

Sambalpur

CC/20/2022

Satya narayan Agrawal - Complainant(s)

Versus

1. GRF Officer, Tata Power Western Odisha Division Ltd. - Opp.Party(s)

21 Nov 2022

ORDER

          PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 20/2022

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Satya narayan Agrawal,

S/o-Late Mulchand Agrawal

At-Nanakram High School gali, daldalipara,

Khetrajpur, Sambalpur-768003.                                             ...………..Complainant

Versus

1. GRF Officer,

Tata Power Western Odisha Division Ltd.

Near Binyak Nurshing home lane,

Burla, Sambalpur-768018.

2. Superintendent Engineer

TPWODL, Electric Department

Sambalpur, Circle, Ainthapali, Sambalpur-768004.

3. S.D.O

Tata Power Bada Bazar

1^st Floor, Chirag Bakery, Jalangali,

Sub-Division-II, Khetrajpur, Sambalpur-768003.         .…………...Opp.Parties

 

Counsels:-

1. For the Complainant                   :-         Self
2. For the O.P.s                                 :-         Sri. A.Patro, Advocate & Associates

 

Date of Filing:05.04.2022,Date of Hearing :13.09.2022 Date of Judgement : 21.11.2022

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that since 2002 and paid the total bills till 25.09.2005 to the O.Ps. The WESCO authority after taking over the establishment not given bills. On 22.02.2010 Supervisor and his team demanded Rs. 4609/- saying actual bill and the amount was paid and receipt granted. During the time unsealed the meter. No bill has been supplied till 22.02.2015 and on that day demanded Rs. 1000/- assuring to supply bill. On 24.05.2015  disconnected the power and misbehaved the family members, not supplied the bill. They demanded Rs. 5000/- through cheque and payment made and thereafter gave connection and took Rs. 150/- connection charge.

On 21.12.2016 paid Rs. 500/- and on 22.12.2016 Rs. 1500/- and O.Ps granted receipt. As per direction of O.Ps different amount paid on different dates to the O.Ps.

Date                                         Amount Paid

28.04.2017                              Rs.1000/-

29.07.2017                              Rs. 1000/- (receipt not granted)

31.08.2017                              Rs. 1000/- (receipt not granted)

05.09.2017                              Rs. 5000/-

13.02.2018                              Rs. 780/-

21.03.2018                              Rs. 864/-

28.03.2018                              Rs. 10,000/-

31.03.2019                              Rs. 7000/-

29.01.2019                              Online Payment

19.07.2019                              Online Payment

30.08.2019                              Online Payment

20.02.2020                              Rs. 15,000/-+Rs. 150 Connection Charge

 

From 20.04.2020 to October 2021 monthly payment of Rs. 1000/- paid but receipt not granted. On 17.03.2022 the G.R.F. Staff disconnected the power supply and demanded Rs. 2500/- online payment made and in the evening 5 PM connection given when compliant before O.P. No.3. Although several correspondence made no reply  was given by the O.Ps.

          On 08.07.2017 and 31.03.2019 forcibly disconnected the power supply and after several request and payment connection was given .

          Being aggrieved with the action of the O.Ps this complaint was filed.

2. The O.P. No.2 & 3 have filed their version and submitted that the Complainant, having consumer No. 4116 2210 0288 enjoying power supply since September 2002 for a load of 1KW with meter serial No. 345742. The Complainant has filed complaint before Grievance Redressal Forum, TPWODL and this complaint is not maintainable as the matter is sub-judiced having case No. 54 of 2022. The G.R.F vide order dated 27.05.2022 disposed of the case with certain directions. The bill for August 2005 issued in September 2005 for Rs. 2594.22P against which complainant paid Rs. 1300/-. The Complainant has not paid the dues up to 25.09.2005.

During January 2006 to August 2009 provisional bill provided. On repeated demand complainant paid Rs. 4609/- out of arrear Rs. 4760/-. 12 units per month lowest provisional bill was given during the period.

For the period 2010 to 2015 assessment u/s 126 of Electricity Act, 2003 was made for 12,614/-. The Consumer paid Rs. 1000/- in Feb. 2015 and Rs. 5000/- in March 2015 to-wards outstanding dues. In Dec. 2016 the Complainant paid Rs. 2000/- out of arrear Rs. 39,510.54P. No regular payment has been made for which Rs. 47,078 outstanding lying in April 2017 and the Complainant only paid Rs. 3000/- during April 2017 to August 2017.

In September,2017 assessment was made for unauthorized use out of amount Rs. 20,000/- complaint paid Rs. 5000/-. In September 2017 a new energy meter WLT014142 was installed and bills raised on actual basis. On the request of Complainant from March 2017 to August 2017 bills have been revised and Rs. 10,780.12P was withdrawn from bill. From 02.09.2017 to 20.09.2017 the bills revised and Rs. 2514/- withdrawn from billing. The Complainant failed to pay the arrear.

Feb. 2018 bill was served to the Complainant in March 2018 for  Rs. 789/-. The excess is due to load used. The Complainant was using 5KW against permitted load of 1KW. Actual bill  has been raised.

From the March 2020 to July 2021 no payment has been made by complainant. For non payment of energy bill in March 2022 disconnection made and on part payment power restored.

On 23.05.2022 physical verification was made by Junior Manager in presence of Complainant and unautorised use was found. Proper bills have been given. Billing disputes are not maintainable in Consumer Fora. The other allegations made are denied and prayed for rejection of the Complaint.

3. Perused the documents filed by the Complainant who is having consumer Old No. DOM-2E-147 and new number is 411622100288. Since September 2002 power supply has been made to the Complainant. Originally the power supply was 1KW and later it has been enhanced to 5.00KW. The O.Ps Levied penalty of Rs. 12,614/- and Rs. 20,000/- in April 2011 and September 2017 respectively for violation of Regulation 188 of the O.E.R.C. distribution code. The Contention of the O.Ps is that the bills have been supplied to the Complainant before the Grievance Redressal Forum up to-date and direction of the GRF has been complied. From both the side contention the following issued are framed:

ISSUES

1. Whether the complaint is not maintainable in view of the decision of the G.R.F. of the power supplying O.Ps?
2. Are the O.P. No.2 & 3 deficient in their providing service?
3. What relief the Complainant is entitled to get?

Issue No.1 Whether the complaint is not maintainable in view of the decision of the G.R.F. of the power supplying O.Ps?

The Complainant has come before the Commission with a year old dispute and alleging that since 2005 no actual bills are given by the O.Ps. On perusal of record the O.Ps. have levied penalty of Rs. 1,614/- and Rs. 20,000/- in April  2011 and September 2017 respectively. The Complainant has filed a complaint before G.R.F on 16.04.2022 where as this Complaint was filed on 05.04.2022. The allegations before G.R.F. was not getting electric bill every month and forcefully collected on behalf of wrong bill from the Complainant. The G.R.F vide their order dated 27.05.2022 gave certain directions to the O.Ps. When a complaint is filed earlier before this Commission, the 2^nd complaint is before the G.R.F for bill revision, this Commission can not interfere with the decision of the G.R.F.  as decided by the Hon’ble State Commission in a number of Verdict. Accordingly, regarding bill revision this Commission is not concerned but deficiency on the part of the O.Ps can be entertained before this Commission.

Accordingly, the issue is answered.

Issue No. 2 Are the O.P. No.2 & 3 deficient in their providing service?

The Complainant being impatient filed the complaint before this Commission and later before the G.R.F of the O.Ps. The G.R.F. vide their order dated 27.05.2022 gave the following observations:

1. The O.Ps are directed to serve the actual bills in each and every month in reference of the consumption recorded in the meter of the Complainant.
2. Joint verification to be made by ESO, Badbazar and SDO observing departmental formalities etc. It is observed that the Complainant has not paid regularly the bills. In the other hand the O.Ps have not given regular bills to the Complainant during September 2021 & November 2021. In December 2021 actual reading was given. In January 2022 Provisional, February 2022 on wards actual meter reading was given when the O.Ps are having a team of workers and unable to take actual meter reading it proves the deficiency on the part of the O.P. No.2 & 3. Rightly the G.R.F. observed that the O.Ps are not taking regular meter reading. For this heavy burden lies on the Consumer which is the reason of power dispute.

This Commission does not want to interfere in the bill revision but serious about the deficiency in service.

Accordingly, the issue is answered in favour of the Complainant.

Issue No. 3 What relief the Complainant is entitled to get?

 

From the supra facts it is clear that there are latches on the part of the O.Ps observed by the G.R.F. in their order dated 27.05.2022. The Complainant is entitled for the relied claimed for.

Accordingly, it is ordered:

ORDER

The Complaint is partly allowed on contest against the O.P. No.2 & 3. The O.P. NO.2 & 3 are deficient in their providing service to the Complainant. The O.P. No.2 & 3 are directed to adhere to the decision dated 27.05.2022 of the decision dated 27.05.2022 of the G.R.F. as it is not complied/filed before this Commission.

The O.P. No.2 & 3 are directed to pay a compensation of Rs. 50,000/- to the Complainant within one month of this order, failing which the amount will carry 12% interest from the date of order till realisation. Further O.P. No.2 & 3 are directed to supply correct bill to the Complainant within one month and ensure monthly meter reading.

The O.P. No.2 & 3 are to pay Rs. 5000/- litigation expenses to the Complainant.

Order pronounced in open court on this 21^st Nov. 2022.

Supply free copies to the parties.