PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 166/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Abtar Singh, Aged about 54 years,

W/O-Late Dalbir Singh,

R/O-Jamada, KadampadaHirakud, PO/Ps-Hirakud, Dist-Sambalpur,

At Present R/O- RITI Road, Larpank, PO/PS-Hirakud

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

                                    -Vrs.-  

1. Executive Engineer Sambalpur Electrical Division TPWODL

Ainthapali, Po/Ps-Ainthapali,

Dist-Sambalpur, Odisha.

2. S.D.O. Electrical TPWODL Hirakud,

At-Larpank, PO/Ps-Hirakud,

Dist-Sambalpur, Odisha                              .…………........Opp.Parties

Counsels:-

1. For the Complainant      :- Sri. R.P. Nanda & Associates
2. For the O.P.s                       :- SamapikaMohanty, representative

Date of Filing:09.10.2023,  Date of Hearing :22.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that Complainant is having Consumer No. 411001131798 on 05.06.2023 submitted application for disconnection. The O.Ps made physical verification on 06.06.2023 and disconnected the power supply. On 11.07.2023 Complainant paid his final bill of Rs. 10,707/- and received no dues certificate. After disconnection the Complainant received No dues certificate. After disconnection also the Complainant received bills for June 2023, July 2023 and August 2023 along with a demand of Rs. 12,062/-. On Complaint O.P. no.2 assured to enquire and not to issue further bills. In the electricity bills “meter reading Details” left blank which shows illegal demand and unfair trade practice.
2. The O.Ps in reply submitted that consumer No. 4110-0113-1798, 8 KW/LT domestic category was allotted to Complainant with energy meter sl. No. 10015728. On 06.06.2023 power supply was disconnected with final meter reading 004042 KWH. Clearance certificate was given on payment of final bill of Rs. 10,707/- on 11.07.2023. As per regulation 49(iv) of supply code, 2019 two months notice is required. On 05.06.2023 final notice was given by Complainant and on the same day bill for May 2023 was issued. On 06.06.2023 power was disconnected on request. As notice period was not over provisional bills were given for June & July 2023. The consumer is not liable for payment any dues and it was never demanded as he is liable to pay fixed charges during notice period of two months as per law. In August 2023 in data base ‘0’ (zero) arrear has been shown. On 09.11.2023 provisional bill have been debited to billing ledger. Provisional bills issues during notice period has been withdrawn.
3. The Complainant filed following documents:

1. Complaint dated 05.06.2023 to disconnect power supply.
2. P.V.R. dated 06.06.2023 of Consumer No. 4110-0113-1798.
3. Money receipt No. 63722911072EZTP0011 dated 11.07.2023.
4. Clearance Certificate dated 11.07.2023.
5. Bill for August 2023.
6. Bill for May 2023.

The O.Ps filed bill revision from June 2023 to August 2023.

4. This is a dispute regarding disconnection of power supply. The Complainant intended to disconnect power supply permanently and requested the O.Ps on 05.06.2023. The O.Ps made a physical verification report on 06.06.2023 and disconnected the power supply. The O.Ps on 11.07.2023 gave a final bill of Rs. 10,707/- and the Complainant deposited vide money receipt No. 63722911072EZTP0011. The Executive Engineer issued clearance certificate on 11.07.2023.

As per Regulation 178 of the supply code, 2019 on the spot on 06.06.2023 disconnection was made. At the time of PVR special meter reading was taken and F.M.R. was 004042. After calculation and payment on 11.07.2023 clearance certificate was given as per Regulation 179 of the supply code. The entire process was to be completed within 10 days from receipt of request. However on 11.07.2023 no dues certificate was issued.

After issuance of no dues certificate it is the duty of Licensee/supplier not to raise any bill after disconnection. In the present case after disconnection on 06.06.2023 bill No. 411011309231857045 dated 16.09.2023 and disconnection notice dated 16.09.2023 has been issues by the O.Ps. The O.Ps admitted that the bills for June 2023, July 2023 and August 2023 have been withdrawn. It is an admission of the O.Ps that violation of Regulation 180 of supply code has been made. It amounts to deficiency in service and unfair trade practice. The explanation given by the O.Ps as per Regulation 49(iv) is not acceptable in view of admission of violation.

5. It is a general plea of the O.Ps that the Complaint is billing dispute and not maintainable before the Commission. It is established case that the O.Ps have violated the Electricity Act, 2003 and the OERC, Regulation, 2019, Non-following the laws and Regulations attract deficiency in service and this Commission has jurisdiction.

Taking into consideration the circumstances of the complaint following order is passed:

ORDER

The complaint is allowed on contest against the O.Ps. The O.Ps are directed not to issue any bills after disconnection and issuance of electrical clearance certificate in future. For deficiency in service and unfair trade practice the O.Ps are to pay compensation of Rs. 1.00 lakh and litigation expenses of Rs. 20,000/-.

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

Supply free copies to the parties.