PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-139/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Tarachand Bag, Aged about 54 years,

S/O-Banabasi Bag,

R/O-Front of LIC Colony, Burla, PO/PS-Burla

Dist-Sambalpur-768112, Odisha.                                   ….…......Complainant.

                                    -Vrs.-

1. S.D.O. Electrical, TPWODL, Burla,

Dist-Sambalpur-768017.

2. Executive engineer Electrical, O/O- Executive Engineer General Electrical Division, Sambalpur, At-Bhutapada, Hans Nagar,

Sambalpur-768001,Odisha.                         …………........Opp.Parties

Counsels:-

1. For the Complainant     :- Sri. A.K.Dash & Associates
2. For the O.Ps.                   :- Samapika Mohanty and Anurag Dash, Representative

Date of Filing:18.04.2024,  Date of Hearing :10.09.2024,  Date of Judgement :04.11.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Case of the Complainant is that the Complainant is having Consumer No. 4113-3306-0410 of the O.Ps and paying regular bill has as per meter reading. On 01.03.2024 when the Complainant was at Bhubaneswar a disconnection notice was given by O.Ps and claimed Rs. 1,98,489/-. The Complainant asked for detail bills but it was not provided but shown rude behaviour. Being aggrieved complaint has been filed.
2. The O.Ps in reply submitted that the Complainant is having permitted load of 4 KW/LT/Domestic category and meter serial No. WLT 251280. The supply is extended since 18.10.2008. For irregularity is payment bills piled up till March 2024 is RS. 2,00,208.50P. Billing disputes are not maintainable before this Commission. The Complainant is having past history of unauthorised use. On 03.10.2023 it was found that Complainant was by passing the energy meter and using 5KW load. On 10.10.2023 Rs. 94,410/- provisional assessment made. The Complainant agreed on an amount of Rs. 37,764/- final assessment and paid Rs. 18,882/- on 07.11.2023 and Rs. 5000/- on 10.01.2024.

From 2009 to 2016 the Complainant has paid only on 20 occasions. In 2018, 6 occasions, in 2019, 3 occasions and once in 2021. When payment of arrears not made disconnection notice was given on 01.03.2024 u/s 56 along with regulation 172 of OERC Code 2019. The allegation of rude behaviour is denied. The OTS scheme 2022 was not availed by the Complainant. There is no deficiency on the part of the O.Ps and complaint is liable to be dismissed.

3. Perused the documents filed by both the parties. From disconnection notice dated 01.03.2024 it reveals that an amount of Rs. 1,98,489/- has been claimed by the O.Ps.

The Complainant filed the following receipts:

Some of the receipts are illegible.

The O.Ps filed the account statement from Jan. 2009 till March 2024.. In March 2024 the arrear is Rs. 200208.52P. The O.Ps also filed PVR dated 03.10.2023, provisional assessment order dated 10.10.2023 and final assessment order dated 31.10.2023.

4. From the account statement filed by the O.Ps it reveals that this is a disoute between the parties which is year-old. The outstanding arrear is mounting since January, 2014. From February 2014 to June 2021 the O.Ps have not given the actual bill and average calculation has been made. The O.Ps not explained under which circumstances average bills have been given.

In September 2021 new meter No. WLT-251280 was installed by the O.Ps. The following amount has been paid by the Complainant:

Sept. 2023Rs. 12,000.00

After payment of the aforesaid amount an outstanding of Rs. 2,00,208.52P is lying against the Complainant since March-2024. The O.Ps submitted that disconnection notice u/s 56 of the Electricity Act, 2003 read with Regulation 172 of OERC Code, 2019 was given to the Complainant. Here question arises when year old dues are pending without taking recourse under the law the O.Ps issued disconnection notice which is illegal and not in accordance with the procedures of the Electricity Act and OERC Regulations.

5. The O.Ps submitted that on 03.10.2023 unauthorised use of power was detected and complainant was using 5Kw connected load by passing the energy meter. Provisional assessment made for Rs. 94,410/- on 10.10.2023 and final assessment order was made on 31.10.2023. The O.Ps not submitted the written objection submitted by Complainant basing on which the penalty amount of Rs. 94,410/- was reduced to Rs. 37,764/-. O.Ps further submitted that the Complainant paid Rs. 18,882/- on 07.11.2023 and Rs. 5000/- on 10.10.2024. This Commission does not interfere for the unauthorised use of power if any by the Complainant as the Complainant submitted that the said amount were paid to-wards demand of the O.Ps.
6. The Complainant challenged the disconnection notice  given by O.Ps on 01.03.2024. As discussed supra the O.Ps not followed due procedures for recovery of the arrears and accordingly the disconnection notice dated 01.03.2024 is declared illegal. The O.Ps are deficient in their service and practice of the O.Ps is unfair.

Accordingly following order is passed:

ORDER

The complaint is allowed against the O.Ps on contest. The disconnection notice dated 01.03.2024 is illegal. The O.Ps failed to explain why such a huge amount of Rs. 1,98,489/- was claimed against the Complainant. The O.Ps are at liberty to recover the arrears prior to installation of new meter No. WLT-251280 through process of law prescribed under the OERC Regulations, 2019. The Complainant is also directed to pay the monthly regular bill to the O.Ps. For deficiency in service and unfair trade practice the O.Ps are to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- to the Complainant.

Order pronounced in the open court on 4^th day of Nov. 2024.

Supply free copies to the parties.