PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.201/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

SanjuktaSahu@Sahoo, Aged about 60 years.

W/O- HrusikeshSahu

At/Po-Malti-Gunderpur, Ps-Dhama,

Dist- Sambalpur, Odisha.

………….......Complainant

-Vrs.-

1. E.S.O., Sahaspur, TPWODL,

At/PO-Sahaspur, Ps-Dhama, Dist-Sambalpur-768003.

2. S.D.O.-II, TPWODL, Dhanupali,

At/PO/Ps-Dhanupali, Dist-Sambalpur-768005.

3. The C.E.O., TPWODL, Corporate office, Burla,

At/PO/Ps-Burla, Dist-Sambalpur-768017              .....................Opp.Parties

Counsels:-

1. For the Complainant      :- Sri. S.B. Dash& Associates
2. For the O.P.s                       :- Sri. S.K. Nanda & others, representative

Date of Filing:08.11.2023,  Date of Hearing :15.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is a consumer of the O.Ps since 2001-02 having Domestic Consumer No. 416231040100 with 1KW capacity and due to expansion in family applied for a new connection 2 K.W. vide application No. 20210227W023965 dated 17.03.2021 depositing Rs. 4555/- but no meter was installed.

On 07.09.2022 the O.P. No.1 conducted a physical verification Report(PVR) and mentioned that 1KW load is to be enhanced to 2.5K.W. Again on 17.10.2023 the O.P. no.1 & 2 prepared a false PVR that the second connection is unauthorized. The O.P. No.3 on 18.10.2023 served a notice assessing Rs. 1,99,391/- to pay within 7 days. The actions of the O.Ps are arbitrary and are deficient in service.

2. The O.Ps in their version submitted that the Complaint is having Domestic meter Sl. No. 1891427 since 12.08.2002. The Complainant unauthorisedly extended an extra connection to first floor having 10.210 KW load which was found on physical verification dated 17.10.2023. U/S 126(2) of the Electricity, Act, 2003 assessment notice of Rs. 1,99,391/- was served vide letter No. 724117102301 dated 18.10.2023 provisionally. No any objection was filed by the Complainant.

The Commission has no jurisdiction to entertain case u/s 126 of the Electricity Act, 2003 and the Complainant not preferred any remedy u/s 127 of the said Act.

On 07.09.2022 physical verification was made relating to consumer No. 4162-3104-0100 and the O.Ps found use of 2.5 KW load against permitted load of 1KW. The PVR dated 07.09.2022 has no relation with the unauthorized use of electricity.

The application of the Complainant is still pending and mere application does not confer a legal right. The assessment is proper and due procedure has been followed after physical verification and unauthorized use of electricity.

The complaint is not maintainable and liable to be dismissed.

3. The Complainant filed following documents:

1. Copy of application for new service connection, WESCO Utility, Burla vide application No. 20210227W023965.
2. Payment receipt No. 1615992771W026421 dated 17.03.2021 for Rs. 4555/-
3. PVR dated 07.09.2022.
4. Bill for A/C No. 14112010784 dated 16.09.2023.
5. Bill dated 20.08.2023.
6. Bill dated 21.11.2022.
7. Money receipt dated 28.12.2022.
8. PVR dated 17.10.2023.
9. Provisional assessment notice dated 18.10.2023.

The O.Ps filed following documents:

1. PVR dated 17.10.2023.
2. Provisional assessment notice dated 18.10.2023.

4. Perused the documents and contentions of both the parties. The O.Ps submitted that on 07.09.2022 during inspection of premises of Complainant relating to consumer No. 4162-3104-0100 the load factor was 2.5KW against permitted load of 1KW and the inspecting team suggested for enhancement of load but the consumer did not take any step. The PVR dated 07.09.2022 has no relation to the present un-authorised use of electricity.

The dispute is relating to second connection and the O.Ps alleged that the Connection is unauthorized and assessment has been done properly following due procedure. Sri. Dash, Advocate for Complainant submitted that due to expansion in family members on 17.03.2021 an amount of Rs. 4555/- was deposited vide receipt No. 1615992771W026421 and till date the O.Ps have not installed the meter. In reply representative of O.Ps SamapikaMohanty submitted that the application for new connection is still pending before the authority and mere making any application does not create any right to the applicant for unauthorized use of electricity. After going through the contentions it is crystal clear that on 17.03.2021 an amount of Rs. 4555/- was deposited by the Complainant. It was the duty of O.Ps to intimate the Complainant whether the application is accompanying with all the documents or not within three days as per Regulation 21 of the Supply code, 2019. The subsequent procedures thereafter has not been followed by the O.Ps and accordingly replied that the application is still pending. Non disposal of application for connection amounts to deficiency in service. It is a general practice of the O.Ps from earlier licensees when any application is made immediate connection shall be given and after estimate and deposit meter shall be installed. In the instant case the O.Ps failed to submit documents and substantiate the case:

1. Application of the Complainant and deposit thereof.
2. Estimate of the Connection.
3. Acceptance or rejection of the application.
4. Refund of the deposited amount in case of rejection.

The O.Ps replied application is pending. It implies connection (2^nd) has been given by the O.Ps but why meter has not been installed the reason has not been intimated to the Complainant. Which proves the procedural latches of the O.Ps. When service connection is given the O.Ps can not say the consumption is unauthorized. The entire process initiated by the O.Ps i.e. physical verification dated 17.10.2023 & provisional assessment dated 18.10.2023 suffer from procedural defects. Simply making a physical verification, making a report saying unauthorized consumption and making provisional assessment in the garb of u/s 126 of the Electricity Act, 2003can not oust the jurisdiction of this Commission. Mere citing the decisions of Hon’ble State Commission, Hon’ble High Court and Hon’ble Supreme Court can not oust the jurisdiction of this Commission. The decisions cited are not applicable in this case.

Before initiating the procedures u/s 126 of the Electricity Act, 2003 the O.Ps should first examine whether the case falls under the section or not.

From Supra discussion it is clear that the O.Ps are deficient in service and not followed pre and post procedural formalities u/s 126 of the Electricity Act, 2003 and accordingly it is ordered:

ORDER

The complaint is allowed on contest against the O.Ps. The assessment made against the Complainant is illegal and not in accordance with law, accordingly assessment dated 18.10.2023 is set-aside. The O.Ps are directed to install the 2^nd meter in the premises of the Complainant within one month of this order and give the electricity bill for two years taking into consideration the consumption as per supply code to the Complainant. In case of non-compliance the O.Ps shall be liable to pay compensation of Rs. 2,00,000/-. The O.Ps are liable to pay litigation expenses of Rs. 20,000/-.

Order pronounced in the open court on 18^th day of June, 2024.

Supply free copies to the parties.