PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO.22/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Amar Kumar Ganguli,
S/O- Late Arun Kumar Ganguli,
R/O-Canalpada, Hirakud, Po/Ps-Hirakud,
Dist-Sambalpur-768016. .……….......Complainant.
Vrs.
- Executive Engineer Electrical, TPWODL
Ainthapali, Sambalpur-768001, Odisha.
- Sub-Divisional Officer Electrical, TPWODL
PO/Ps-Hirakud, Larpank, Remed,
Dist-Sambalpur-768006, Odisha.
- H.R. TPWODL, Main Office,
PO/Ps-Burla, Dist-Sambalpur-768017.
- Office of the Junior Engineer, TPWODL,
At/Po-Hirakud, Dist-Sambalpur-768006, Odisha...……….Opp. Parties
Counsels:-
- For the Complainant :- Sri. R.K. Pradhan & Associates
- For the O.P.s :- Sri. S.K. Nanda
Date of Filing:21.02.2020, Date of Hearing :12.12.2023, Date of Judgement :04.03.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The Complainant filed this complaint for deficiency in service. Consumer No. 4118-3209-0039 has been allotted to Arun Kumar Ganguli, Canal pada, Hirakud who died on 13.012016 and it was intimated to the O.P. After Arun Kumar Ganguli the Complainant is paying the bills regularly from 2016 to 2020 with load 1KW/Domestic Category.
On 09.04.2021 the TPWODL authority inspected the house and disconnection made since 23.11.2021. Although for change of meter complaint No. 101121000003 dated 10.11.2021 was given for change of ownership no action was taken. On 11.11.2021 a bill of Rs. 76,407/- u/s 126 of the Electricity Act, 2003 was given and load was shown as 4KW. The Complainant paid Rs. 3703/- up to 1/2023 without energy connection.
For the deficiency in service of O.Ps complaint is filed.
- The O.Ps in reply submitted that O.P. no.3 is no way related to the issue, the Complaint is not maintainable. Consumer No. 4118-3209-0039 is in the name of Arun Kumat Ganguli with permitted load of 2 KW under LT/Domestic category. The Complainant is irregular in payment and Rs. 70,553/- is lying outstanding up to March 2023.
On 09.11.2021 inspection made and found 4KW unauthorised connected load against permitted load 2 KW by tempering the energy meter. As per regulation 93 of supply code, 2019 power was disconnected. Vide letter dated 11.11.2021 u/s 126(2) of the Electricity Act, 2003 notice was given. No any objection nor personal appearance for hearing made. Vide letter dated 29.11.2021 final assessment made and the amount was debited to the billing account in the billing month of January 2022.
Power has been restored as per order in I.A. No. 05/2023.
The complainant has not taken step under Regulation 39 and 41 for change of the name. After inspection dated 09.11.2021 the Complainant deliberately applied for change of tampered meter to patch up his intention of theft. Inspection was made in presence of Anushka Ganguli who signed the inventory report. Due procedure has been followed for assessment of the unauthorised use.
To file this case deliberately the Complainant deposited Rs. 1686/- since disconnection. There is no deficiency on the part of the O.Ps.
- Perused the documents filed by the Complainant and O.Ps. The O.P. No.3 H.R. TPWODL is no way connected in this case, accordingly the O.P. No.3 is excluded from the complaint.
- Alleging unauthorised use of power a connected load of 4KW against permitted load of 2KW it was inspected on 09.11.2021. During the inspection Anuska Ganguli signed the inspection note. As per Regulation 93 of the supply code, 2019 when the occupant is using any authorised power/theft etc. than no notice is required and power was disconnected. The Assessing officer made provisional assessment, vide letter dated 11.11.2021. The Complainant admitted the receipt of the notice. In the provisional assessment Rs. 76,407/- was assessed. The O.P. submitted that the Complainant has not submitted any objection during the statutory period. Ultimately the O.P. on 29.11.2021 made the final assessment. Due procedure U/s 126 of the Electricity Act, 2003 has been followed by the O.Ps. The Complainant in a cunning way on 10.11.2021 applied for change of meter. Here question arises prior to inspection dated 09.11.2021 why the Complainant not changed the meter. It clearly shows the intention of the Complainant.
Accordingly, the assessment by the O.Ps are proper.
- It is alleged by the Complainant that his father expired on 13.01.2016 and the S.D.O. Electrical, Hirakud was intimated. The Complainant not filed any documentary evidence in this regard that complaint has been made. The O.Ps in reply submitted that as per Regulation 39 and 41 of the supply code, 2019 in form No. 1 or 2 (as applicable) application to be made and as per regulation 41 within 15 days of acceptance by the licensee and the changes shall be made and dues shall be recoverable by the licensee. The Complainant has not followed due procedures for change of the name.
In most of the cases of power supply the O.Ps are not taking any steps and years together in the name of deceased consumer, family members are continuing the enjoyment of power supply for which the disputes are coming. The O.Ps casted responsibility on the Complainant that in form No. 1 & 2 for change of name steps have not been taken. In such cases it is also responsibility of the O.Ps that who is paying the electricity bill and why the ownership has not been changed. In such circumstances the inspection notes should be given and form the side of O.Ps step required to be taken to make the billing ledger up-to-date. Here in the present case from 2016 to 2021 neither side have taken any steps in this regard. No doubt on 10.11.2021 complaint No. 101121000003 was made after the inspection dated 09.11.2021 to avoid the assessment but duty is casted upon the O.Ps to make necessary change in the billing ledger.
- As per order of this Commission dated 27.02.2023 the O.Ps have restored the power supply which proves the ideal corporate personality of the O.Ps.
Taking into consideration the circumstances of the case as the O.Ps have worked/acted bonafide we are not inclined to allow this complaint with supra observations and following order is passed.
ORDER
The complaint is dismissed on contest against the O.Ps. The parties are directed to settle the dispute within one month and the O.Ps are directed to revive the bill and change the name of complainant to ledger by giving a demand notice. The Complainant should co-operate in solving the dispute or in the alternative is at liberty to move u/s 127 of the Electricity Act, 2003 for redressal of grievance.
Order pronounced in the open court on this 4th day of March 2024.
Supply free copies to the parties.
