PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 10/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Chitta Ranjan Raula,

S/O-Gobinda Charan Raula,

R/O-Shakti Nagar, Ps-Hirakud, 

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

Vrs.

1. Sub-Divisional Officer,

Hirakud Sub-Division,

TPWODL, Hirakud, Sambalpur.

2. Electrical section Officer,

Shaktinagar, Hirakud,

Sambalpur, Odisha.                                    .....……….Opp. Parties

Counsels:-

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

Date of Filing:27.01.2023,  Date of Hearing :04.07.2023  Date of Judgement : 07.08.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is a domestic consumer of TPWODL. On dtd. 21/02/2022 the Complainant wrote a complaint letter to SDO, Hirakud regarding excess reading in his electrical meter. After that the SDO directed the section officer to install a parallel meter for testing the old meter and to compare the reading of both meters. On the same day an another parallel meter was installed by the OPs for testing. On 24/02/2022 the OPs found that the said meter was running fast. The actual meter shows 20KWH consumption of electricity during the period of 21/02/2022 to 24/02/2022 while the parallel meter shows only 10KWH of consumption of electricity during the same period. On the same day an another meter was installed by the OPs avoid defective bill on wards dtd. 24/02/2022. On 25/02/2022 the Section Officer informed the above facts to the SDO, Hirakud, Sambalpur for rectification of bill vide letter No. HKD/R.E/CAMP(108). But till now the OPs had not rectified the Complainant’s electricity bill. The Complainant requested the OPs for rectification of his electricity bill but they are not showing any interest regarding this and harassing the Complainant for payment of dues in full. For the said reasons the Complainant passing through mental pain, harassment and as such eligible for compensation from OPs and for which the Complainant filed this case.  
2. The written statements of the O.Ps is that the present complaint relates to Consumer No. 41183207 which has been allotted in the name of the Complainant.. The electric supply has been extended to the premises of the consumer since 8^th May 2015. The consumer is not regular in payment of the bills served to him, for which the outstanding arrear against the consumer up to February 2023 is Rs. 74,065/-. As per the observation of the Hon’ble State Commission, Cuttack, in its judgment/order dtd. 30.03.2012 in Consumer Dispute Appeal No. 1342/2003, the billing disputes are not entertainable before the consumer Commission. Such disputes can only be decided by the authorities under the OERC(Conditions of Supply) Code. In response to the complaint dtd. 21.02.2022 of the Complainant a parallel meter was installed in the premises of the consumer on the same date i.e. 21.02.2022 to test the accuracy of the old meter. After comparison of reading of both the meters on 24.02.2023 it was found that the old meter used for billing purpose recording more units than the parallel meter for which the old meter has been declared defective and the same has been replaced with a new energy meter on the same day. As per provision under Regulation 114 of the OERC Distribution (Condition of Supply) Code, 2019 the defective meter shall be replaced within 30 days from the date the meter found to be defective and in unavoidable circumstances within 60 days the defective meter shall be replaced. But in the present case the defective meter has been replaced on the same day when it was found defective. The OPs responded the complaints of the Complainant without any delay. As per provision under Regulation 155 of the OERC Distribution ( Condition of Supply) Code, 2019 the provisional/defective billings shall be revised as per the average of six consecutive billing after a new meter is installed. In the present case the new meter has been installed on 24.02.2022 in the premises of the Complainant and actual bill has been issued to the consumer since May 2022. After taking average of six months actual billing from May 2022 to October 2022 as 222 units per month taking (initial meter reading) 547 and FMR (final meter reading) 1880, the provisional bills of the consumer has been revised and an amount of Rs. 18,451/- has been adjusted in the bill ledger of the consumer which will be reflected in the next month bill of the consumer. So there is no cause of action for the present case and the OPs promptly responded to the complaint of the Complainant, for that there is neither any negligence nor deficiency in their service.
3. After perusing the case record, documents and evidences, it is observed that on dtd. 21/02/2022 the Complainant wrote a complaint letter to SDO, Hirakud regarding excess reading in his electrical meter. After that the SDO directed the section officer to install a parallel meter for testing the old meter and to compare the reading of both meters. After comparison of reading of both the meters on 24.02.2023 it was found that the old meter used for billing purpose recording more units than the parallel meter for which the old meter has been declared defective and the same has been replaced with a new energy meter on the same day.  On 25/02/2022 the Section Officer informed the above facts to the SDO, Hirakud, Sambalpur for rectification of bill vide letter No. HKD/R.E/CAMP(108) stating there that “ As the billing meter is running fast twice, another meter bearing SL NO. WLT254603 has been installed for avoiding defective bill on wards on dtd. 24.02.2022”.. But the OPs have not rectified the Complainant’s electricity bill. So deficiency of service on the part of the OPs found.

                                                                            ORDER

The OP No. 1 is directed to rectify the electricity bill of the Complainant of the disputed period, Rs. 30,000/- towards deficiency of service, harassment and mental agony suffered by the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses within 30 days from the date of order, failing which the amount will further carry 9% interest per annum till realization. Further the Complainant is directed to pay the monthly electric bill regularly to the Ops.

Order pronounced in the open Court today on 7^th day of August, 2023.

Free copies of this order to the parties are supplied.