PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 42/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Rina Senapati,

W/O-Raj Kishor Senapati,

R/o- Sunapali, Purunabasti, PO-Dhankauda, Ps-Dhanupali,

Tahl/Dist-Sambalpur-768006

Aadhaar No. 6078 7540 3222

Mob No. 9040146950                                                 .……….......Complainant.

Vrs.

1. Tata Power Western Odisha Distribution Limited,

Represented by The Assistant Manager, Electrical, Electrical Section Brooks Hill, TPWODL, Sambalpur,

Po/Dist-Sambalpur-768001, Odisha.

2. The Electrical Section Officer, Brooks Hill, TPWODL, Sambalpur,

Po/Dist-Sambalpur-768001, Odisha                              ...……….Opp. Parties

Counsels:-

1. For the Complainant         :-       Sri. K.Das. Adv & Associates
2. For the O.P.s                       :-       Legal officer S. Nanda & P. Gupta

Date of Filing:27.03.2023,  Date of Hearing :22.08.2023  Date of Judgement : 31.10.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Complainant is a consumer having a single phase connection since the year 2011-12. The Complainant was getting average meter reading bills in the ordinary course of consumption of electricity and the Complainant was paying the bill amount regularly without any fault. The bill for the month of June 2021 was issued for an amount of Rs. 51,103.83 which includes the current charges and the arrear charges as well. The Complainant used to get the monthly electricity consumption bill at an average rate of Rs. 400/- to Rs. 600/- per month till the month of June, 2021 but surprisingly enough the bill issued by the O.Ps for the month of July, 2021 was found by the Complainant to have been exaggerated with an abnormal escalation of Rs. 28, 246.26 as compared to the bill of June 23. The Complainant went to the office of the SDO, Electrical and as per direction of the O.Ps the Complainant made payment of the arrears amount of Rs. 51,103.83 till June 2021 on 22.07.2021 and lodged a complaint in writing with the O.Ps and paid Rs. 59.00 towards meter testing fees. As per MRT Laboratory Burla, the meter was found defective meter, the calculation made by the O.Ps fastening the liability for payment of fastering the liability for payment of the alleged bill amount onto the Complainant, subsequent to the month of June 2021, when the defect in the functioning of the said meter was detected on test, cannot be made as it is illegal, arbitrary and unreasonable and amounts to unfair trade practice and deficiency in providing proper service on the part of the O.Ps. Since the Complainant mentally pressurised to make payment of the arrear bill and further finding no way out the Complainant had to make payment of Rs. 50,000/- as against the bill amount on 07.09.2022 on demand to atleast pay the minimum fifty percent of bill. Thereafter the O.Ps installed a new meter. Hence the case.
2. The written version of the O.P is that the Complainant has been issued bill for the month of May 2021 for an amount of Rs. 51,103.83P which includes arrear amount of Rs. 49,561.86P. In the billing month of June 2021, the Complainant has been issued actual bill on 21.07.2021 for an amount of Rs. 28.246.26P to which the Complainant disputed and thereafter she has been advised to take step for testing the meter installed in her premises. Consequent upon payment by the Consumer for testing of meter same has been tested at the laboratory of the MRT circle, Burla and after testing the concerned office reported the defect in the meter on 23.08.2022. Thereafter basing upon the test report a new energy meter on 06.09.202. The O.Ps took immediate and sincere step to replace the energy meter and for that there is no negligence and unfair trade practice on the part of the O.Ps. In compliance to the provision under regulation 155 the SDO-II, TPWODL, Bhutapada waited for actual six months billing after installation of new meter of the defective/provisional bill of the Complainant. Consequent upon the proposal for revision of bill of the Complainant the same may be effected subject to scrutiny and audit and complying all the departmental formalities. As per the said proposal an amount of Rs. 68,881.72P will be adjusted against the outstanding arrear of the Complainant thereby the total arrear of the Complainant would be Rs. 155.08P. In view of the aforesaid facts the Complainant filed by the Complaint is liable to be dismissed.
3. After perusing the records, evidences and document it is found that the meter is an defective and as the meter was defective, the billing of the said period was also not proper. Though the billing disputes are not entertainable before the Consumer Commission. Such disputes can only be decided authorities under the OERC (Conditions of Supply) code. But any deficiency or unfair trade practice found by the electric department is permissible under C.P. Act, 2019. However the O.Ps admitted about the defective meter and mentioned that an amount of Rs. 68,881.72P will be adjusted against the outstanding arrear of the complainant. So deficiency of service found against the O.Ps.

Thereafter, the O.Ps are directed to reassess the arrear bill as per average monthly bill taking into consideration the current bill which has been issued after installation of new meter, further the O.Ps are directed to pay Rs. 30,000/- towards compensation and Rs. 10,000/- towards litigation expenses to the Complaint within one month from the date of order failing which the amount will carry 9% interest P.A. till realisation from date of filing this complaint.

Order pronounced in the open Court today on 31^st day of Oct, 2023.

Free copies of this order to the parties are supplied.