PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.22/2022
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Sri. Ramesh Kumar Tripathy, Ramesh Tripathy
S/o-Late Anirudha Tripathy, Occupation- Advocate
R/O-Kirarama Chowk, At/Po/Ps- Bandbahal
Dist-Jharsuguda ...………..Complainant
Versus
- M/S. Tata Power Western Odisha Distributions Ltd
TPWODL, Represented through its Authorised Officer, Corporate Office, At/Po-Burla, Dist-Sambalpur
- The Executive Engineer, TPWODL,
Brajraj Nagar Electrical Division, Near Vijay Laxmi Complex,
Gandhi Chowk, At/Po- Brajrajnagar-768216,
Dist-Jharsuguda. .…………...Opp.Parties
Counsels:-
- For the Complainant :- Sri. R.N.Debta, Advocate & Associates
- For the O.P.s :- Sri. A.K.Patra, Advocate & Associates
Date of Filing:13.04.2022,Date of Hearing :11.04.2023,Date of Judgement : 05.06.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The Complainant is a consumer of the O.Ps since 2009 having A/C No. 417001110708. The Complainant initially applied for “Commercial” Connection to let out his premises but due to lack of ponentiality intended to change the category from “commercial” to “Domestic” since 2015. Till October 2014 the meter was running properly. On complaint the O.Ps remained silent not paid any heed. In October 2018 the O.Ps without notice disconnected the power supply and on successive request it was restored on Nov 2018. The O.Ps without changing meter again disconnected on 23.09.2019. The Complainant by that time was intending to file nomination for Brajraj Nagar M.L.A. To save his image on 23.09.2019 the Complainant deposited Rs. 1,68,174/- and after repeated request on 04.10.2020 power was restored.
The O.Ps not shown any certificate to show that the alleged meter is having prescribed standard, good and correctly manufactured.
On 22.02.2022 the O.Ps demanded Rs. 50,812.12P alleging consumption charges and threatening disconnection of power supply. The O.Ps are deficient in their service, unfair trade practice and with ill motive charged exorbitant amount. Being agrieved complaint has been filed.
- The O.Ps in their reply submitted that Ramesh Tripathy Consumer No. 417001110108 of Kirarama Chowk, Bandhbahal under Brajrajnagar Electrical Division is having contract load of 6KW under L.T. General Purpose<110KVA category. Supply extended since 09.09.2009 for “Commercial” purpose. The Complainant is irregular in payment. Since September 2009 meter serial No. WSC 26849 was installed. Verbally the section officer has been requested to change the category. The O.Ps inspected the premises on 30.06.2022 prepared physical verification report (PVR) who refused to sign. The Consumer is using 7.635KW of load against the permitted load of 6KW which is a violation of Regulation 188 of O.E.R.C. Distribution code, 2019, which is unauthorised u/s 126 Explanation(b) of Electricity Act, 2003 which attracts assessment. The change of category is not possible.
The meter No. WSC 26849 is still working well and accurate as specified in the standards given in the schedule appended to the central Electricity Authority (Installation and operation of meters) Regulations 2006. The Complainant has not deposited the testing fees as per Regulation III of the OERC Distribution Code, 2019.
For irregularity in payment Rs. 1,66,673/- and after disconnection notice when the Complainant not deposited disconnection was made.
The Complainant requested the O.Ps to disconnect power supply temporarily from January 2019 and it was disconnected till Dec. 2020 Reconnection made on request since January 2021. As per Regulation 142 of the OERC Code, 2019 no monthly fixed charge has been levied. Now a sum of Rs. 11,700/- monthly fixed charge during the disconnected period will be levied to the Complainant in the next energy bill.
During General Election 2019 before filing nomination in March 2019 the Complainant applied for no dues certificate and for the purpose deposited Rs. 1,68,174/- to-wards outstanding dues of Rs. 2,05,044/-. There is no such illegal disconnection as alleged by the Complainant. There is no irregularity in billing and the Complainant is liable to pay all the outstanding dues. The outstanding dues up to May 2022 is Rs. 52,221/-.
There is no deficiency in service of the O.Ps nor there is commission of unfair trade practice by the O.Ps.
- Perused the documents filed by the Complainant
- Bill and disconnection notice dated 11.02.2022.
- Notice of O.Ps dated 11.02.2022.
- Reply to disconnection notice Book No. 2011/139 Sl No. 25 dated 01.10.2015 on 06.10.2015.
- Complaint dated 09.08.2016 regarding false reading of Electricity bill.
- Protest payment of Rs. 1,68,174/- dated 23.03.2019.
- Complaint dated 26.04.2021.
- Complaint dated 30.0.2021.
- Complaint dated 27.08.2021.
- Complaint dated 02.03.2022.
The O.Ps filed the following documents:
- PVR dated 30.06.2022.
- Bill ledger from June 2011 to March 2021.
- Billing Summary dated 10.07.2022.
- Copy of order in C.D. Appeal No. 1342/2003 dated 30.03.2012 of Hon’ble State Commission, Orissa.
- From the documents filed by both the parties it reveals that this is a case totally billing dispute exist and as per allegations of the Complainant on compulsion he has paid different amount to the O.Ps which are illegally charged. Billing disputes are subject matter of O.E.R.C. Regulation, 2019 and can not be decided by this Commission. For the purpose the Complainant is at liberty to approach the departmental authorities under the O.E.R.C. Regulations, 2019 for the billing disputes.
This Commission is duly concerned with deficiencies in service. As per statement of both the parties on 30.06.2022 physical verification was made by the O.Ps and the Complainant’s representative refused to sign the report. When the Consumer refuses to receive a report, the procedures prescribed have not been followed by the O.Ps either affixure notices or through registered post intimation has not been given to the Complainant. Thereafter provisional assessment and final assessment is require. The O.Ps failed to file the documents.
From the complainant’s letter dated 06.10.2015, 09.08.2016, 23.03.2019, 30.03.2021, 27.08.2021 and 02.03.2022 it reveals that the O.Ps issued bill amounting to Rs. 75,646/- for the period January 2021 and 23.03.2021 issued a bill amounting to Rs. 94,558/-. In this respect the Complainant filed objection on 30.03.2021. Categorically the Complainant submitted that
“ I paid all my bills up to March 2019 and gave a written request to close my customer account with WESCO or convert my commercial connection but no action was taken till 30.09.2020. Our connection was disconnected from Dec 2018 to Sept. 2020 and again the connection was started on 04.10.2020. The reading was 0157802.”
The O.Ps in their reply submitted that from January, 2019 to December 2020 power supply was disconnected and on request reconnection made in January 2021. After perusal of the billing ledger it reveals that during January 2021, 10028 unit has been charged whereas in Feb 2021, 2507 unit has been charged. When the meter started reconnected in January 2021, how 10,028 units charged amounting to Rs. 75,646.18P has not been explained by the O.Ps. After January 2021 and February 2021 provisional bill was given. Why actual meter reading not given, the O.Ps failed to explain. It proves deficiency in service of the O.Ps.
- The Complainant alleged that after disconnection on 23.09.2019, he was compelled to deposit Rs. 1,68,174/- and 04.10.2020 power was restored. From 23.09.2019 to 04.10.2020 illegally disconnection was made. In reply the O.Ps submitted that the energy meter installed in the premises was working properly, so there was no need to examine the meter. On the request of Complainant energy was disconnected from Jan 2019 to Dec. 2020 and against on request of complainant reconnection was given in January 2021. From the disconnection notice, reply and other objection it reveals that the O.Ps have not installed any new meter nor sent the old meter no WSC 26849 for testing. The main dispute in the present case is testing of old meter. The O.Ps have not tested it from appropriate laboratory nor submitted any testing report before this Commission. Only in the physical verification report dated 30.06.2022 shown that meter is O.K. The action of the O.Ps are unilateral. When the Complainant alleging defects and exorbitant increase in power bill, it the duty of O.Ps to send the meter to proper laboratory. It is also amounts to deficiency in service of the O.Ps.
- The Complainant has made several request to the O.Ps for change in status of electricity connection but the O.Ps remained silent. In reply the O.Ps submitted that verbally the Complainant said to change the connection status. Since 2009 till 30.06.2022 on request also the O.Ps not changed the status nor replaced the meter which is the root cause of dispute. If the Complainant is using 7.635KW of load in place of 6KM permitted load then the O.Ps should have place any inspection report starting from 2009 to 2022 June but lastly submitted the report dated 30.06.2022. The O.Ps but failed to submit provisional bill and also final bill.
- The Complainant failed to establish the damages of Rs. 15,000/- per month as reflected in the complaint.
- Taking into consideration the circumstances and pleading of the parties it is established that the O.Ps are deficient in service and accordingly it is ordered:
ORDER
The Complaint is partly allowed against the O.Ps. The O.Ps are directed to examine the meter No. WSC 26849 from appropriate laboratory within one month of this order replacing a new meter and revise the electricity bills from January 2021. Further the O.Ps are directed to change the status of connection from ‘Commercial’ to domestic category. The disconnection notice dated 11.02.2022 is hereby declared illegal as the means of Delivery notice or Documents Rules, 2004 has not been followed. For deficiency in service the O.Ps are liable to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/-.
Order pronounced in the open Court on this 5th day of June 2023.
Supply free copies to the parties.
