PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 31/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Nabin Kumar Satpathy,
S/O- Late Jogendra Satpathy,
R/O-Deheri Pali, Po-Budharaja, Ps-Ainthapali,
Dist-Sambalpur-768004. .……….......Complainant.
Vrs.
- Sub Divisional Officer (Elect) TPWODL,
AT/PO/PS-Ainthapali, Dist-Sambalpur.
- Executive Engineer (Elect) TPWODL,
Sambalpur Electrical Division, Ainthapali,
Counsels:-
- For the Complainant :- Sri. D.K. Bishi & Associates
- For the O.P.s :- Sri. Purna Chandra Biswal, S.D.O (Elect.)
Date of Filing:09.03.2023,Date of Hearing :13.03.2024,Date of Judgement :29.04.2024
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant is having consumer No. 4117-2215-0112 of the O.Ps. From 2018 the O.Ps issued bills under the head ‘defective meter’. After several approach also the meter was not replaced. On 06.09.2021 a meter was installed but provisional bill continued.
On 09.03.2022 the Complainant received the bill for Feb. 2022 wherein an arrear of Rs. 8222.15P was shown. Complaint made but grievance not redressed rather demanded the entire amount and incase of non-payment told to disconnect the power supply. Complainant was compelled to pay the entire demand.
On 08.02.2023 the Complainant received the electric bill claimed Rs. 13,312.4P as sundry Adj. along with current bill. The Complainant enquired and asked for billing data since the date of provisional billing to the date of fixation of new meter but the O.Ps supplied billing data from Sept. 2019 to Aug 2021 without payment particulars from Nov. 2020 to Jan 2023, as per billing data furnished by the O.Ps, the sundry adjustment was not shown from Sept. 2019 to Feb 2023. Accordingly, the demand of O.Ps for sundry Adj. is not maintainable which is not shown continuously for more than two years.
The O.Ps are deficient in their service and unfair in trade practice.
- In reply O.Ps submitted that the outstanding arrear against the Complainant against Consumer No. 4117-2215-0112 upto Feb 2023 is Rs. 14,649/-. Supply has been extended from the period of OSEB/ GRIDCO. Billing disputes are not maintainable before this Commission.
- The Complainant had been billed from April 2001 to Sept. 2007 under load factor basis @144 units/month. Thereafter on average basis bill charged till September, 2021 due to defective meter. At no point of time the Complainant complained about defective meter. On 07.09.2021 energy meter Sl. No. LW 168610 was installed and billing continued till Jan 2022. On 15.02.2022 meter reading was taken and billing from 07.09.2021 to 15.02.2022 for 1741 units for Rs. 6334.35P made to-wards arrear. Bill of February for Rs. 8998.4P was generated and issued on 09.03.2022. Taking average of actual meter reading after installation of new meter @ Rs. 316/units/month average for the period Oct. 2019 to Aug 2021 was revised as per Regulation 155 of Supply code and Rs. 13,312.41P was debited to the billing account and with the previous arrear, the bill for the month of Jan, 2023 for Rs. 14,137.69P was generated on 08.02.2023 Although the Complainant the consumer was billed on average basis from April 2001 to Aug 2021 with defective meter, revised the bill only for past two years.
In the present case the Complainant not exercised his option for replacement for defective meter. There is no deficiency on the part of the O.Ps and complaint is liable to be dismissed.
- Perused the documents filed by both the parties. The Complainant filed copy of his grievance dated 15.03.2022 along with bill for the period Oct. 2021 to Feb 2022, Billing ledger for the period Sept. 2019 to Aug. 2021 physical verification report dated 15.07.2018 and R.T.I. reply No. 108 dated 19.08.2023 on the application of Hrudananda Sarangi of Sakhigopinath Para, Sambalpur.
The O.Ps filed the billing ledger of Complainant from April 2001 to February 2023, Order in C.D. Appeal No. 1342/2003, Sundry Adjustment Cover sheet and order of O.E.R.C. in case No. 82/2020 dated 17.12.2020.
- On 08.01.2024 the Complainant filed a petition to submit documents relating to stock of Domestic category Energy meter and stock register for the period 2018 to 2023, name of company and brand energy meter purchased, total meters purchased, total meters purchased and meters utilized but the O.Ps failed to submit the documents sort for and replied that the documents are not relevant and consumption of precious time of the Commission. In the other hand the Complainant through R.T.I. application obtained the data from O.Ps. vide letter No. 108 dated 19.08.2023.
Domestic Consumer
FY 2018-19231295753
FY 2019-2021435 155913
FY 2020-212332110367
FY 2021-22126560 57736
FY 2022-2318332236684
FY 2023-2421454680
Total 335834622533
- It is the admission of O.P. that from April 2001 to September 2007 the Complainant had been billed under load factor basis @ 144 units each month. Till September, 2021 due to defective meter provisional billing made and in September, 2021 new meter No. installed bearing No. LW168610. Provisional billing made due to delayed meter up-dating. In the other hand the Complainant submitted although complaint made meter was not changed by O.Ps till 06.09.2021. This is a long standing dispute between the parties. From the physical verification report dated 15.07.2018 it reveals that the inspecting officer remarked that the meter is defective and suggested for replacement of the meter. Here question arises from 15.07.2018 till 06.09.2021 why the O.Ps not took any step for change of the meter. As per information supplied by O.Ps during financial year 2019-20, 1435 meters replaced and during 2021-22 126560 meters replaced. The O.Ps could not produce the figures whereas through R.T.I. provided the figures, it reflects the intention of the O.Ps and intentionally suppressed the facts which amount to unfair trade practice on the part of the O.Ps. The O.Ps replied the documents sort for by the Complainant is not relevant and wastage of time to the Commission. It is the duty of the O.PS to disclose the consumers the price of the meter supplied by the companies and the supply company. The O.Ps admitted the facts of provisional billing made till January, 2022. When the meter was installed in September 2021 due to delayed meter updating provisional was given. Here question arises what is the meaning of installation of new meter when it is updated in January, 2022. Delay in updating the bills amount of deficiency in service on the part of O.Ps. The O.Ps intentionally not up-dating the records and taking the plea that the dispute is a billing dispute and not maintainable before this Commission.
As per Regulation 97 (iii) of the O.E.R.C. Regulation.
“The licensee/Supplier shall replace the defective or the meter not complying with the above mentioned standards within next billing cycle or its detection even if not replaced by the consumer. In no case, provisional billing shall continue for more than two billing cycle at stretch, whatever may be the reason”.
After commencement of the Regulation vide notification dated 27.08.2019 till installation of new meter No. LW 168610 in September, 2021 why Regulation 97 was violated has not been explained by the O.Ps.
Secondly, the O.Ps submitted that on 15.02.2022 meter reading has been taken and billing made from 07.09.2021 to 15.10.2022 for 1741 units and thereby Rs. 6,334.35P was debited to the billing account of the consumer in the month of March 2022. The O.Ps supplied electric bill on 08.02.2023 as per submission of Complainant and claimed Rs. 13,312.41 as SUNDRY ADJ with current bill. The adjustment was not shown from Sept. 2019 to Feb. 2023. The amount shows for a period of more than two years. Disconnection notice was given. The O.Ps not explained why the claim for more than two years made which is illegal and issued disconnection notice. In the circumstances also the O.Ps violated the supply code. As per Regulation 152(ii) O.E.R.C. Regulations the demand made by O.Ps is illegal and against the supply code, which amounts to unfair trade practice.
- This Commission has jurisdiction to take up the consumer dispute for a period of two years. This dispute is continuing since April 2001. The Complainant challenged the bill supplied in Feb 2022 for an amount if Rs. 8221.15P and thereafter when SUNDAY ADJ, made and supplied the bill amounting to Rs. 13,312.41P. In the O.E.R.C. Regulations, 2019 although specific provisions(Reg. 155) in there to recover the arrears through the Orissa Public Demand recovery Act, 1962 without taking recourse in the name of revision of bill the O.Ps claiming arrears which is illegal although the O.Ps are well versed that no bills revision can be made for more than two years.
- Taking into consideration the circumstances of the case the demand of Rs. 8222.15 made in Feb 2022 and Sundry adj. demand of Rs. 13,312.4P is illegal and contray to the provisions of the supply code.
Accordingly, following order is passed:
ORDER
The Complaint is allowed on contest against the O.Ps. The O.Ps re directed to refund the amount deposited against bill of Feb 2022 and sundry adjustment along with Rs. 3000/- deposited by Complainant as per order dated 10.03.2023. The Complainant is directed to pay the monthly consumption bills regularly. For deficiency in service and unfair trade practice the O.Ps are directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/-.
Order pronounced in the open court on 29th day of April, 2024.
Supply free copies to the parties.
