PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 12/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Kanchan Mallik,
W/O-Pankaj Biswal,
R/O-Lapanga, Khinda, Po/PS-Thelkoloi,
Dist-Sambalpur-768203. .……….......Complainant.
Vrs.
- C.E.O. TPWODL Ltd.
At/Po/Ps-Burla, Dist-Sambalpur-768017.
- S.D.O. TPWODL Ltd.
Rengali, At/Po/Ps-Rengali, Dist-Sambalpur-768212.
- Asst. Manager(Electrical) Electrical Section Officer,
TPWODL Ltd. At/Po/Ps- Rengali,
Dist-Sambalpur-768212. ...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. P.K. Dora & Associates
- For the O.P.s :-Mrs Parika Gupta & Swapnil Nanda, Legal Officer.
Date of Filing:31.01.2023,Date of Hearing :07.11.2023,Date of Judgement : 22.01.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant is having Consumer No. 416335411686 with the O.Ps and supply connection in her house at Thelkoloi R & R colony. On 17.12.2022 the Asst. Manager & Electrical Section officer of TPWODL visited the house of Complainant, conducted physical verification of the premises. A physical verification report vide PVR Book No. 302 with letter No. 72451912203 was handed over to the Complainant charging Rs. 85,144/- for unauthorised use of electricity for the period 17.12.2020 to 17.12.2022 and asked for reply within 7 days. The Complainant rushed to the office of O.P. no.2 & 3 and paid Rs. 34,302/- settled amount vide M.R. No. 34721727122201010006 dated 27.12.2022. On the advice of O.P. no.3 a new domestic line was applied vide application No. TPW10284526 which was approved and Rs. 17,352/- online payment was made.
Again on 17.12.2022 and 31.12.2022 the O.Ps imposed different types of loads vide PVR Book No. 286 Sl. No. 14267 and TP 2022 A 2207 and issued notice No. 724528122201 dated 18.12.2022 with an amount of Rs. 2,82,198/- for the period 18.12.2021 to 18.12.2022.
Being aggrieved the complaint was filed.
- The O.Ps in their reply submitted that the complaint relates to consumer No. 4163-3541-1686 which is allotted to Kacchua Mallik of Thelkoloi with a permitted load of 1.5KW under Lt/Domestic category. Supply extended w.e.f. 29.07.2005 with energy meter Sl.No. WLT 202227. The consumer is irregular in payment and an outstanding against is Rs. 62,179.45P till January, 2023.
On 17.12.2022 the enforcement team found that the consumer using unauthorised power cutting the incoming service cable going to meter and connecting 4mm black and using 4.59 KW load. The consumer refused to sign the PVR in spot. On 17.12.2022 the Electrical section officer without knowing the enforcement team inspection inspected the premises and found that by bypassing the energy meter using 10KW for numbers of shop room and 16 numbers of domestic room used by her tenants. During first inspection shops and rooms were closed for which commercial use was not deleted. The first inspection when made provisional order of assessment for Rs. 85,144/- vide letter No. 724519122203 dated 17.12.2022 u/s 126(2) of the Electricity Act, 2003 read with OERC Regulation 2019, Regulation 159 made and invited objection. During personal hearing on 27.12.2022 the consumer brought the second inspection to the notice and paid Rs. 34,302/- in the interim to-wards first inspection to continue supply electricity and requested to stay further action till final decision of both the inspection.
Basing on 2nd PVR, assessment order dated 28.12.2022 was issued for Rs. 2,82,198. The representative of the consumer objected to two PVR and prayed for re-verification of load. The first assessment was dropped and re-verification made on 31.12.2022. During re-verification by-pass load of 7.60KW was found by passed by the Consumer for commercial/domestic purposes. Basing on PVR dated 31.12.2022 reassessment made on 27.01.2023 at Rs. 1,83,731/- and after adjustment of Rs. 34,302/-the consumer is liable to pay Rs. 1,49,429/-. The consumer was requested to file appeal incase aggrieved with the re-assessment order.
The complaint is not maintainable as it is a case u/s 126 of the Electricity Act, 2003. The O.Ps cited Civil Appeal No. 8859/2011 dated 20.10.2011 of hon’ble Supreme Court in The Executive Engineer & another Vs M/S Seetarm Rice Mill case and U.P. Power corporation ltd. & others Vs Anis Ahmed case. (2013) 8SCC491. Kacchua Mallik is the consumer and the Complainant has no locus standi to file the complaint. The consumer has used power unauthorisedly beyond the permitted load under Regulation 188 of the OERC code, 2019. Photographs of theft has been captured. The Complainant to patch of her irregularities filed the complaint.
- Perused the documents filed by both the parties. It is the admission of both the parties that consumer No. 4163-3541-1686 has been allotted to Kacchua Mallik, Thelkuli, Qtr No. 10, Rengali with permitted load of 1.5KW. In what way Kachua Mallik is related with the complaint has not been narrated by both the parties. The Complainant admits that the connection is being used by her and paying bills to the O.Ps in that connection.
In the cause title of the complaint the Complainant has shown herself as wife of Pankaj Biswal. In Aadhar No. 6711-5001-4416 Kanchan Mallik W/O Pankaj biswal exists and in Khata No. 218/69 of Mouza-Thelkoloi Kanchan Mallik has been shown as wife of Dillip Mallik. In application form No.1 for connection TPW 10284526 Kanchan Mallik has been shown as D/O Pankaj Mallik and applied for commercial General purpose single phase supply, paid Rs. 17,352/- on 03.01.2023. The Complainant failed to establish herself that she is a consumer and relationship with Kacchua Mallik.
The Complainant has no locus standi to file the complaint as she failed to establish the relationship. Accordingly, there is no need to go detail to other aspects of the complaint.
The complaint is dismissed as not maintainable. No Cost
Order pronounced in the open court on 22nd day of Jan, 2023.
Supply free copy to the parties.
