PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                         CONSUMER COMPLAINT NO. 114/115/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sunil Kumar Pujari, Aged about 73 years

S/O- Late Beni Madhaba Pujari,

R/O of Deheripali, PO- Budharaja, PS-Ainthapali,

Dist-Sambalpur-768004, Odisha,                                  …………........Complainant

Vrs.

1. Executive Engineer (Elect.), TPWODL,

Sambalpur Electricity Division, At/PO/PS-Ainthapali-768004.

2. S.D.O. (Elect.) TPWODL,

Ainthapali, At/PO/PS-Ainthapali-768004.

• ...…….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. A.K. Hota
2. For the O.P.s                       :- Sri. Swapnil Ku. Nanda & Representative Samapika    

      Mohanty

Date of Filing:20.07.2023,Date of Hearing :30.01.2024,Date of Judgement :27.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the complaint is having consumer No. 4117-2215-0094 of the O.Ps. On 22.06.2021 the O.P. No.2 at about 11.30 A.M. inspected the ground floor, issued a physical verification report No. 0145703 to the Complainant. The Complainant is having permitted load of 3KW domestic. The O.P. No.2 issued a notice on 24.06.2021. The O.P. No.2 as Assessing officer issued letter No. 464 dated 24.06.2021, the notice was received on 03.07.2021. Assessment order was also issued u/s 126(2) of the Electricity Act, 2003. It is alleged that in column No.9 energy meter has been tampered. In column No. 12 to 15 of the order Rs. 54,561/- was charged on the basis of 3KW load for past one year i.e. June 2020 to May 2021. In the notice date line to file show cause was 01.07.2021 whereas complaint received on 03.07.2021. On 05.07.2021 objection was filed denying all the allegations of letter dated 24.06.2021. Without hearing the O.P. No.2 arbitrarily issued assessment order dated 20.07.2021. The tested meter has been fitted by WESCO staff. The O.Ps on the same day forcibly fitted an untested electronic meter in the ground floor without giving any seizure list to the Complainant. The O.P. No.2 not sent the seized meter for laboratory test. The O.P.s not provided testing report with notice dated 24.06.2021.

The Complainant paid Rs. 30,000/- by way of cheque and in September it was shown nil outstanding. Again the O.Ps demanded Rs. 54,551/-. The O.P. No.2 demanded levied amount with interest along with current bill. After complain the O.P. no.2 agreed to receive correct bill only and it was continued till March 2022. In April 2022 the O.Ps No.2 settled the issue with Complainant. The O.P. No.2 asked the Complainant to pay the interest which will be adjusted in future bill.

Being aggrieved with the assessment complaint has been filed.

2. The O.Ps in their reply submitted that consumer No. 4117-2215-0094 is in the name of Complainant since OSEB/GRIDCO under L.T./Domestic category and meter No. is WLT 267844. The Complainant was using unauthorized electricity for which assessment was initiated. This case is not maintainable before this Commission. On 22.06.2021 on the spot physical verification report was prepared. Vide letter No. 463 dated 24.06.2021 provisional assessment was made.

The Complainant was asked to file objection and appearance before the Assessment officer. On 05.07.2021 complainant filed objection. The Assessment officer on 200.07.2021 passed final assessment order. The Complainant requested the Assessment officer and his request it was reduced to Rs. 30,000/-. The Complainant paid Rs. 30,000/- on 17.08.2021.

The Complainant is having another connection consumer No. 4117-2215-0144. In both the connections for un-authorised use PVR was prepared and assessment made.

The O.Ps removed the existing tampered meter in accordance with Regulation 108(i) of the supply code, 2019. No any complaint was filed before the Electrical Inspector. After payment of assessment amount the proceeding was dropped in August 2021. After two years this complaint has been filed. At that time August 2021 billing ledger was updated. In September 2021 it reflected the full assessed amount of Rs. 54,551/- along with outstanding dues of September, 2021. The O.Ps adjusted the billing ledger in March 2022.

There is no deficiency on the part of the O.Ps.

3. Perused the documents filed by both the parties. It is the admission of both the parties that the physical verification report was prepared on 22.06.2021. The assessing officer issued letter No. 463 dated 24.06.2021 and provisional assessment order was served to the Complainant for Rs.54,551/- on 03.07.2021. The Complainant submitted that usually he stays outside and in ground floor it is occupied by tenants. The final assessment was made vide letter No. 560 dated 20.07.2021.

In the present case the Complainant alleged the question of testing of meter. As per Regulation 108(iii) of the supply code, 2019 the O.Ps removed the meter. After removal the Complainant has not filed any objection. Accordingly, the plea taken by Complainant challenging the removal of meter is not acceptable.

The final assessment amount on request was reduced to Rs. 30,000/- and the Complainant paid Rs. 30,000/- on 17.08.2021. This complaint has been filed on 20.07.2023. Within two years complaint has been filed. Accordingly, it is not barred by limitation. The Complainant has challenged the assessment procedure but it is found the due procedures have been followed and the Complainant has settled the claim/assessment. Accordingly, when there is settlement of the assessment, this Commission is not inclined to interfere on assessment.

The Complainant has limited prayer and only challenged the physical verification report dated 22.06.2021. As the O.Ps have followed due procedure we are not inclined to interfere. Accordingly, the Complaint has no merit and dismissed.

Consumer Complaint Case No. 115/2023

C.C. Case No. 115 of 2023 was initiated relating to consumer No. 4117-2215-0144. Physical verification report dated 22.06.2021 has been challenged. The Assessment amount is Rs. 98,263/- and the Complainant deposited Rs. 60,000/- on 18.08.2021. The account is related with meter No. WLT 267846. On the objection/representation of the Complainant the assessment has been settled. As per Regulation 108 of the supply code accuracy of meter has not been challenged. Due procedure has been followed for the assessment and as the Complainant settled the assessment, there is no any case. Accordingly, complaint No. 115/2023 is dismissed as devoid of any merit. In a common judgement both the case are disposed of as the disputing parties are same subject matter of dispute is similar.

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

Supply free copies to the parties.