PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                             CONSUMER COMPLAINT NO.16/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Akhil Bharatiya Agharia Samaj

Odisha Pradesh Dham,

Jhapiutara gudi, Laida, Sambalpur,

Dist-Sambalpur.  

Mob-8018534256                                                .……….......Complainant.

Vrs.

C.E.O. TPWODL Ltd.

At/Po/Ps-Burla,

Dist-Sambalpur-768017.                                               ...……….Opp. Party

Counsels:-

1. For the Complainant         :- Sushanta Ku. Patel, Representative
2. For the O.P.                        :- Mrs Parika Gupta & Mr. Swapnil Nanda,    

       Representative

Date of Filing:06.02.2023,Date of Hearing :16.05.2023, Date of Judgement : 26.06.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant brought this complaint against the O.P. alleging deficiency in service. In order to conduct a centenary celebration for the period 11.11.2022 to 13.11.2022 three days power supply application was made on 11.05.2022. The Complainant paid Rs. 236/- vide receipt No. 147248051122WS99000/- LT Regd. Estimation charges of Rs. 4057/- was demanded and deposited. The departmental contractor Sri. Pranapriya Patel received the amount. On 10.11.2022 work completion and Test report was submitted and the section officer gave connection in the site. In time Programme was over but after that the O.P. not disconnected power supply instead provided two separate bills No. 416011112221408987 for Rs, 6748/- and bill No. 416011101231551785 for Rs. 16,708/- without any basis. The officers of O.P. were requested to withdraw the bills but they remained aloof. Being aggrieved this complaint was filed.
2. The O.P. after appearance submitted its version and admitted the complaint to quash the illegal and excess amount of electricity bill issued for the month of Nov 2022 and Dec. 2022, received from Complainant. Consumer No.416001111297 was allotted to Binay Kumar Chowdhury for complaint with a permitted load of 6KW under LT/Temp. supply with meter serial No. TPU37973. The Consumer paid Rs. 4057/- connection charges out of which Rs. 1827/- is security deposit.

             Provisional bill for Nov 2022 and Dec. 2022 have been served for Rs. 16,708/- as the consumer availed electricity through three              phase line. As per Executive Engineer, Sambalpur Electrical Division physical verification Report final bill was prepared on                     24.03.2023 for Rs, 1390.72P. After adjustment of security deposit of Rs. 1827.74P an amount of Rs. 437/- will be refunded in due             course to the Complainant. From 10.11.2022 to 14.11.2022 total consumption is only 122 units for Nov. 2022 and Dec.2022                       provisional billing has been done and final bill will be issued after preparation.

                  There is no any cause of action. The O.Ps are not deficient in their service and prayed for dismissal of the case.

3. The Complainant filed following documents

1. Application for temporary connection for the period 10.11.2022 to 13.11.2022 three phase connection vide reference No. 4105112200135.
2. Money receipt No. 147248051122WS99001 dated 15.11.2022 for Rs. 236/-
3. Estimate charges intimation cum LT registration dated 10.11.2022 for Rs. 4057/-
4. Bill No. 4160111112221408987 dated 17.12.2022 for Rs. 6748/-.
5. Bill No. 41601110123155185 dated 18.01.2023 for Rs. 16,708/-
6. Resolution dated 18.01.2023.
7. Copy of complaint dated 23.01.2023.

The O.P. submitted the following documents:

1. Physical verification report dated 26.02.2023.
2. Final Bill of consumption for Rs. 1390.72P

After perusal of the documents it is observed that the O.P. has received Rs. 4057/- from the Complainant out of which Rs. 1827.74P is the security deposit. The O.P. in final bill submitted the total charges for the period 10.11.2022(Evening) to 14.11.2022(Morning) for 122 units Rs. 1390.72P. The refundable amount is Rs, 437/- as per submission.

4. The application for temporary connection was made for the period 10.11.2022 to 13.11.2022 by the Complainant. The physical verification was made on 26.02.2023 and final bill was submitted before this Commission on 27.03.2023. The O.P. not explained why physical verification was made immediately after 14.11.2022 and made on 26.02.2023. In the meanwhile two bills for Nov. 2022 and Dec. 2022 have been provided to the Complainant. It proves the lapses of the O.P. in providing final bill. Certainly the Complainant will be terrorised after receiving an amount of Rs. 6748/- and Rs. 16,708/- although no consumption of power has been made. The O.P. admits its guilt of providing bills as discussed Supra. It proves the negligence on the part of O.P. and it amounts to deficiency in service.

                Accordingly, the following order is passed:

ORDER

The complaint is allowed on contest against the O.P. The bill submitted by the O.P. bearing No. 416011112221408987 dated 17.12.2022 and 416011101231551785 dated 18.01.2023 is declared illegal and not operative. The O.P. is directed to refund Rs. 437/- with 9 % interest P.A. w.e.f. 14.11.2022 within one month of this order. For negligence and deficiency in service the O.P. is to pay 40,000/- and to-wards litigation expenses Rs. 10,000/- to the Complainant. In case of non-compliance the entire amount will carry 12% interest P.A. w.e.f. 14.11.2022 till realisation.

Order pronounced in the open Court today on 26^th day of June, 2023.

            Free copies of this order to the parties are supplied.