PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.207/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Smt. Kamala Das,

W/O-Late Jetendranath Das,

R/O-Machhapada, PO/Ps-Hirakud,                                        

Tahl/Dist- Sambalpur, Odisha Pin- 768016

Mob No. 9437330527                                          ………........Complainant

-Vrs.-

1. Executive engineer TPWODL,

Ainthapali, Sambalpur-768004.

2. Sub-Divisional Officer, TPWODL,

PO/Ps-Hirakud, Larpank-768016.

3. Office of the Junior Engineer, TPWODL,

At/PO-Hirakud, Dist-Sambalpur-768016,Odisha  .....................Opp.Parties

Counsels:-

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

Date of Filing:16.11.2023,  Date of Hearing :30.04.2024,  Date of Judgement :18.06.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having an energy connection since 30.04.1980 Consumer No. 411384150099. During Covid pandemic became irregular in payment for which Rs. 1,33,884/- was shown as arrear. For OTS the O.Ps were requested but on 8^th September 2023 without prior notice power was disconnected. Being aggrieved complaint has been filed.
2. The O.P. in reply submitted that the Complainant is having consumer No. 4113-8415-0099 with permitted load of 2.00 KW LT Domestic category. Till Nov 2023 Rs. 1,6,577/- is lying outstanding against the Complainant. Billing dispute are not maintainable before this Commission. The OERC vide order dated 22.12.2023 in Case No. 122/2022 approved the OTS-2022 from 22.12.2022 to 31.07.2023. The Complainant not availed the benefit. Due disconnection notice has been given to the Complainant. On 12.12.2023 in physical verification it was found that since 11.08.2023 the Complainant has unauthorised by direct tapping taken connection. P.V.R. was prepared. Assessment was made. The meter was working as per standard specified under law.

Son of the Complainant filed CC. No. 82/2022 before this Commission. Which was dismissed on 21.08.2023. The Complaint has no merit and liable to be dismissed.

3. Perused the billing ledger of the Complainant. Till October 2023 an amount of Rs. 1,66,413.40P is lying outstanding against the Complainant. The existing connection of the Complainant was disconnected on 11.08.2023 as per Statement of the O.Ps whereas billing has been made during September 2023 and October 2023. The statement made by the O.Ps are contradictory. During Sept. 2023 and October 2023 actual billing made so 80 units each.

From March 2001 to September 2005 average bills have been charged. From Oct. 2005 to Feb 2006 provisional bill was given. From Aug 2007 to May 2013 provisional bills given. From July 2013 to Feb 2023 average bills were given. From billing ledger it is clear that there is irregularity in meter reading and under which provision of law average billing and provisional billings were made it has not been explained by the O.Ps. The billing history clearly shows dispute between the parties and only for that reason the Complainant is insisting for a new meter.

The second point of consideration is that when the entire period discussed Supra is disputed what steps the O.Ps have taken for realisation of the arrear. The O.Ps failed to explain the steps taken as per provision of the OERC, 2019.

The third point of consideration is that when the arrear is disputed by giving demand notice u/s 56 disconnection was made by the O.Ps. The O.Ps can not go beyond arrears of two years as per OERC Regulations, 2019 and failed to explain steps taken for recovery of arrears. Accordingly, the demand made for period beyond two years in the demand notice as alleged is illegal and against the Electricity Code, 2003.

The fourth point of consideration is the physical verification Report dated 12.12.2023. OneMamata Das has signed the PVR. In CC No. 82/2022 complaint was filed by Raju Das for fresh connection by Son of Kamala Das. As the Complainant could not produce the land documents with observation the Complaint was dismissed. The O.Ps have not filed any provisional assessment or final assessment report or demand notice. The procedure adopted by the O.Ps are not in accordance with OERC regulation, 2019 and this Commission has jurisdiction to interfere when any deficiency in service found.

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

ORDER

The complaint is allowed partly on contest against the O.Ps. The O.Ps are directed to install a new meter within one month of this order and following OERC supply code, 2019 demand the arrears of two years from the Complainant. The O.Ps are at liberty to claim the arrears beyond two years as per law. The Complainant is directed to pay the monthly consumption bill without fail regularly.

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

Supply free copies to the parties.