PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO. 04/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Dr. Tanuj Ranjan Mishra,

S/O-Late Dr. B.P.Mishra,

At-Sakhipara, Po-Sambalpur H.O., PS-Dhanupali,

Dist-Sambalpur-768001                                          .……….......Complainant.

Vrs.

1. S.D.O.(Electrical), TPWODL,

Bhutapara(SEED),

At/Po/Ps/Dist-Sambalpur-768001.

2. C.E.O., TPWODL, Corporate Office,

At/PO/Ps-Burla,

Dist-Sambalpur-768017, Odisha.                  ....……….Opp. Parties

Counsels:-

1. For the Complainant           :-       Sri. M.K. Sandha, Adv. & Associates
2. For the O.P.                         :-       Sri. S.Nanda, Legal Officer, TPWODL

Date of Filing:06.01.2023,  Date of Hearing :29.08.2023  Date of Judgement : 16.10.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant is a bonafide consumer of the OPs since long as paying regular energy dues of the energy connection which is in the name of his Late father namely Dr. B.P Mishra. On 30. 11. 2022, the Complainant received one energy bill, showing that the current energy consumption amount is Rs. 4035.33p for the month of Sept-Oct 2022 and outstanding arrear dues is Rs. 4422.32p and in total Rs. 8389/- till 22.11.2022, having seen this the outstanding dues the Complainant paid through electronic mode of Rs. 8274/- on dtd. 19.11.2022 before the due date of 22.11.2022. As the total outstanding dues was paid by the Complainant, it is to be assumed, there only to be paid the current dues but surprising enough, the Complainant received the energy bill for the month of Nov-December 2022 where the bill amount is Rs. 23,182/- and where the arrear amount shows only 0.61p and current energy is Rs. 2110.00p than where does the big amount of Rs. 21071.39 come? The Complainant’s B.P become high seeing such an irregular, faulty bill and immediately admitted in the hospital for treatment and for which the OPs are equally and severally liable for the cost and the consequence.
2. The Written Version of the OPs is that the present complaint relates to consumer which has been allotted to B.P Mishra under Bhutapada Electrical Sub-Division of TPWODL, Sambalpur with a permitted load of 4 KW under LT/Domestic Category. The supply of power has been extended to the premises of the consumer since 16 Dec 2002. Since then, the consumer is enjoying electricity uninterruptedly. The outstanding arrear against the consumer up to January 2023 is Rs. 27,075.94p. The consumer was billed as per actual meter reading up to October 2020 and thereafter from November 2020 to March 2021 he was billed as per provisional reading due to the energy meter of the consumer became defective. During the same period the consumer was issued provisional bills for 322 units each month. In the month of April 2021, a new meter has been installed in the premises of the consumer and thereafter from April 2021 the consumer was issued bills as per actual meter reading barring a few months in which provisional bills were issued which were auto adjusted in the next billing month. The consumer was billed provisionally during the period from November 2020 to March 2021 for 322 units per month whereas the average actual consumption of the consumer after installation of new meter from April 2021 to September 2021 is ‘1004’ units per month (taking initial meter reading as “0” in April 2021 and final meter reading as “6026” in September 2021). As per the provision under Regulation 155 of the OERC Distribution (Conditions of Supply) Code, 2-19 the provisional bills of the consumer have been revised taking average of six months consumption after installation of the new meter and thereby an amount of Rs. 20,990.30/- has been debited in the consumer’s billing ledger in the month of November 2022 along with the revised amount the consumer has been served with the energy bill for the month November 2022 for an amount of Rs. 23,182.12p. In view of mentioned factual aspect of the case there is absolutely no cause of action for the Complainant to file the present complaint against the OPs.
3. After going through the records, evidences and documents, it is observed that  the Complainant has not submitted any evidences which proves the deficiency in service or unfair Trade practice against the OPs. In the other hand it is a case of billing disputes and as per the observation made by the Hon’ble State Consumer Dispute Redressal Commission, Cuttack in its Order dtd 30.03.2012 in Consumer Dispute Appeal No. 1342/2003, the billing disputes are not entertainable before the consumer fora. Accordingly the case is dismissed contest.

Order pronounced in the open Court today on 16^th day of Oct, 2023.

Free copies of this order to the parties are supplied.