PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                      CONSUMER COMPLAINT NO. 202/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Rasmiranjan Nath,

S/O- Late Rajaram Nath,                                         

R/O-Baham, Ps-Sadar,

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

-Vrs.-

1. The Executive Engineer, TPWODL, Division Officer,

Ainthapali, Sambalpur.

2. The Sub Divisional Engineer, TPWODL Sub Divisional Office,

Dhanupali, Sambalpur.

3. Department of Energy, 2^nd Floor, Kharavel Bhawan,

Gopabandhu Marg, Keshari Nagar,

Bhubaneswar, Odisha-751001                                      .....................Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. S.K. Mishra & Associates
2. For the O.P.s                       :- Parika Gupta & Representative Samapika    

      Mohanty

Date of Filing:08.11.2023,Date of Hearing :05.02.2024,Date of Judgement :27.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is a consumer of O.P. No.1 & 2 having consumer No. 4162-3403-0229 in the name of his father Late Rajaram Nath. Till 31.12.2020 an arrear of Rs. 36,059.79P was shown in the account. The Complainant was not in house on 01.03.2023 and the collection agents of O.Ps demanded the entire amount and forcefully disconnected the power supply using uncivilized language. The said fact was intimated to the O.P. no.2 through mobile on the same day. OTS was available and the Complainant settled the restructured amount Rs. 25,351/- vide receipt No. 001416234030229. After settlement the Complainant paying the bills regularly. The O.P. No.2 was requested verbally to enhance the load from 1Kw to suitable 2 or 3 Kw but it was in vain.

On 12.07.2023 at about 10.00 AM while Complainant was taking rest in his house a team of unknown male and females entered into his house inspected the electrical points. On 15.07.2023 Complainant received a demand notice bearing No. 724012072301 showing assessment u/s 126 read with sec. 135 of the Electricity for the period 12 July 2021 to 12 July 2023 for additional units of 9901.0 and assessed Rs. 72,675.00 on 18.07.2023 the O.P. no.2 was approached who demanded Rs. 20,000/- to write off the demand. On 22.09.2023 Rs. 72,675/- was demanded in addition to the actual monthly bill.

Being aggrieved complaint has been filed.

2. The O.Ps after appearance submitted that consumer No. 4162-3403-0229 is in the name of Rajaram Nath with permitted load of 1Kw. Supply has been extended on 08.01.2002 with meter No. LW 566602. For unauthorized use of electricity u/s 126 of the Electricity Act, 2003 proceeding has been drawn. This Complaint is not maintainable.

On 12.07.2023 the O.Ps in periodical inspection prepared physical verification report. For unauthorized us of power provisional assessment of Rs. 72,675/- vide letter dated 15.07.2023 made. Vide letter dated 13.08.2023 final assessment of Rs. 72,675/- made following due procedures. The Complainant has not taken step under Regulation 39 to 41 of the OERC code, 2019. The outstanding dues up to February, 2023 was Rs. 39,431. For recovery disconnection notice was given. No any misbehavior with family members made. Complainant availed OTS and cleared his outstanding dues up to Dec. 31^st, 2020 and paid Rs. 25,351/-. On 22.03.2023 against dues Rs. 35,747/-.

For change of consumers name Complainant has not taken any step. On 12.07.2023 in periodical inspection it was detected that against 1KW permitted load 5.7KW load is used which is under Regulation 188 of the OERC Code, 2019. Due procedure has been followed for the unauthorized use of electricity and the Complaint is liable to be dismissed.

3. Perused the documents filed by the Complainant and O.Ps. In OTS scheme the Complainant settled the earlier claims. Registration was made for OTS on 01.03.2023. The Complainant filed provisional assessment order dated 15.07.2023 and bill dated 22.09.2023.

The O.Ps submitted PVR against meter No. LW 566602 provisional assessment order dated 15.07.2023 and final assessment order dated 13.08.2023.

4. From the pleading of the parties it is clear that periodical inspection was made on 12.07.2023. The Complainant admitted the receipt of provisional assessment order and also final assessment order. The Complainant has not filed any objection before the O.Ps after provisional assessment. Rather the O.Ps have given scope to settle the dispute by payment of Rs. 20,000/- which is admitted by the Complainant. When no settlement made the O.P. issued final assessment order. Due procedure has been followed by the O.Ps for the unauthorized use of electricity against permitted load of 1KW.

Secondly the Complainant has not made any F.I.R. for the alleged misbehavior of the O.P. and also not submitted any documents to change the name of consumer under the OERC Regulation, 2019. The Complainant failed to establish his case against the O.Ps regarding deficiency in service.

Accordingly, the complaint has no merit and dismissed. No cost and compensation.

Order pronounced in the open court on 27^th day of Feb. 2024.

Supply free copies to the parties.