PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                 CONSUMER COMPLAINT NO. 129/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Prakash Chandra Acharya,

S/o Late Panchanan Acharya,

At- Behind Maharaja Hotel, Ward No.10,

Dist-Bargarh

Mob-9861384007                                                                  ......Complainant.

Versus

1. Chief Executive Officer, TPWODL, Burla

Dist-Sambalpur

2. Executive Engineer(Elect), TPWODL,

At-Canal Colony, Bargarh,

Dist-Bargarh-768028.

3. S.D.O.-I (Elect), Section-ESO No.II,

At-Near Gandhi Chhak, Po-Bargarh,

Dist-Bargarh-768028.                                          ………… Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. O.P.Joshi, Representative
2. For the O.P.s                       :- Sri. S.K. Dora & Associates

Date of Filing:28.08.2023,Date of Hearing :06.02.2024,Date of Judgement :27.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is a consumer of O.Ps having Consumer ID No. 14121030143(Old Con. No. DOM-4G-41) in the name of his father Panchanan Acharya and paying electricity bill regularly. In May 2023 Bill No. 512190523000058 M 3438 dated 25.05.2023 was supplied by O.Ps wherein an additional amount of Rs. 19,076.80P under Sunday adjustment over head and above bill of the month shown. Further in case of non-payment the O.Ps threatened to disconnect the power supply. Complaint made to O.P. no.2 but no any step was taken to resolve the dispute. Being aggrieved complaint has been filed.
2. After appearance the O.Ps submitted that due to meter defect status of Complainant power supply billing was provisional/Average since May 2018 to December 2020 for consumption of merely 80 to 90 units per month. During January-2021 a new meter No. LW 424703 was installed against the power supply and thereafter bill on actual meter reading have been made. Taking the average consumption from Jan-2021 to June 2021 as per provision under Regulation 155 of OERC Distribution(Conditions of supply) Regulation 2019, the bill falling within two years back period, from Dec 2019 to Dec 2020 was revised on higher side of correct actual average consumption of 368 unit per month recorded during Jan to June 2021. The revised bill after all adjustment came to Rs. 19,076.80P. payable by the consumer. The amount was raised in April-2023. There is no deficiency on part of O.Ps. The calculation made is proper and complaint is liable to be dismissed.
3. Perused the documents filed by the Complainant.

1. Bill No. 51219052300058M 3438 dated 25.05.2023.
2. Complaint dated 10.08.2023 to O.P. No.2.
3. Complaint dated 21.01.2020.

The O.Ps filed the billing ledger from January 2019 to August 2023.

4. From billing ledger it reveals that although the Complainant is not a regular payer of electricity bill but not a habitual defaulter. It is the admission of O.Ps that from May 2018 to December 2020 average billing of 80to 90 units/month supplied to the Complainant. During January 2021 a new meter No. LW424703 was installed. The Complainant submitted that on 21.01.2020 the meter when stopped functioning.

Complaint was filed whereas the O.Ps only in January 2021 installed the new meter. As per Regulation 114 of the supply code the O.Ps not explained why new meter was not installed within 30 days from the day of complaint. The O.Ps after the complaint also supplied provisional bills till installation of new meter. This proves the deficiency in service of the O.Ps. Irregularity and casual working pattern of the O.Ps raising disputes.

As per regulation 155 the revision has been made as per statement of the O.Ps, whereas for the deficiencies in service irregularity caused in billing. The procedure adopted as per regulation 155 became defective and accordingly the revised bill raised to the tune of Rs. 19,076.80P became illegal and arbitrary. Here question arises in bill period 14.04.2023 to 19.05.2023 why the revised bill was added when new meter was installed in January 2021. The arrears shown is for more than two years which can not be raised by the O.Ps as per Regulation 155.

Taking into consideration the circumstances of the case the following order is passed.

ORDER

The complaint is allowed on contest against the O.Ps. The amount revised Rs. 19,076.80P by the O.Ps is illegal and arbitrary which is to be deducted from the current bill within one month of this order. For deficiency in service the O.Ps are directed to pay compensation of Rs. 10,000/- and litigation expenses of Rs. 5000/- to the Complainant.

Order pronounced in the open court on 27^th day of Feb 2024.

Supply free copies to the parties.