PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                     CONSUMER COMPLAINT NO. 189/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Bikramaditya Satapathy, Advocate

At-Gujatal Colony, Hirakud,

Dist-Sambalpur-768016, Odisha

Consumer No. 411834080134                                                         …........Complainant

-Vrs. –

1. The Managing Director,

Tata Power Western Odisha Distribution Ltd. Burla.

Dist-Sambalpur-768018, Odisha

2. The S.D.O.,

Tata Power Western Odisha Distribution Ltd. Hirakud.

Dist-Sambalpur-768016, Odisha

3. The Junior Engineer,

Tata Power Western Odisha Distribution Ltd. Hirakud

Dist-Sambalpur-768016, Odisha                                   ……......Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                       :- Sri. Swapnil Ku. Nanda & Representative Samapika    

      Mohanty

Date of Filing:31.10.2023,  Date of Hearing :16.01.2024,  Date of Judgement :27.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is the Son of Late N.M. Satapathy, Consumer No. 411834080134 of the O.P. N.M. Satapathy died in 1999. The O.Ps did not change the meter for year and charged energy bill on average without installing new meter as a result. Bill went up to Rs. 1,85,399/- till February, 2023. On 08.12.2021 the O.Ps installed a new meter and energy bill was paid on actual basis thereafter. On 12.05.2022 the O.Ps made a false inspection and assessed Rs. 65,988/-. The Complainant submitted his objection, the O.Ps without consideration disconnected the power supply on 21.03.2023 and demanded Rs. 35,634/- as final assessment. The O.Ps demanded Rs. 12,000/- on the spot and the Complainant was compelled to deposit the amount. The inspecting team indicated the connected load as per data is 5.36KW as per inventory report dated 12.05.2022. Non-change of meter after persuasion, raising monthly bill exorbitantly on the basis of load factor and average basis compelled the Complainant to file this complaint. The bill supplied Rs. 1,85,272.73P is illegal and unfair.
2. The O.Ps in their version submitted that the electricity bills provided by the O.Ps is due to unauthorized consumption of electricity. N.M. Satapathy consumer No. 4118-3408-0134 was having a permitted load of 2KW under L.T/Domestic category, during O.S.E.B. period. Up to October 2023 the defaulted bill became Rs. 1,86,616/- Billing disputes are not maintainable before this Commission. The G.R.F., Burla u/s 42(5) of the Electricity Act, 2003 has power to entertain the complaint. On 12.05.2022 the inspecting team found the consumer using unauthorized connected load of 5.36KW by cutting the service wire and by passing the meter. In May 2021 meter sl. No. LW 612198 was installed in place of old meter. The Complainant refused to sign the physical verification report dated 12.05.2022. Provisional assessment made for Rs. 65,988/- vide letter No. HKD/VIG/PROV/ 2022-23/083 dated 13.05.2022, objection was filed by Complainant. Vide letter No. HKD/SD/FINAL/022 dated 14.06.2022 final assessment u/s 126(2) of the Electricity Act, 2003 made Rs. 35,634/-. The Complainant on 21.01.2023 gave an undertaking to deposit the balance assessed amount. U/s 126 proceeding is not maintainable before this Commission.

The Complainant has not followed Regulation 39 to 41 of OERC Distribution code, Meter was working from March 2001 to March 2004 then meter No. 1938174 from May 2004 to April 2021 and at present meter No. LW 612198 from May 2021 is working. The Complainant on 21.12.2021 paid a meagre amount in periodical inspection on 12.05.2022 PVR was drawn up. Only in 30 occasions due to irregularity Rs. 1,85,616/- outstanding is lying till Oct 2023. After installation of meter also from May, 2021 there is irregularity and meagre amount has been paid.

The Complainant acknowledge the PVR and submitted undertaking-Cum-declaration dated 21.01.2023 in which paid Rs. 12,000/- and undertook to pay the balance settlement amount and not to proceed in any court or forum in future.

There is no any deficiency on the part of O.Ps and complaint is liable to be dismissed.

3. The Complainant filed the following documents:

1. Final assessment order dated 12.05.2022.
2. Reply of Complainant to preliminary assessment letter No. HKD/VIG/PROV/ 2022-23/083.
3. Receipt No. 291942 dated 15.09.1997.
4. Bill for month 8/1997.
5. Bill No. 411130223000032111642 dated 13.02.2023.
6. Bill dated 17.11.2023.
7. Letter No. 27 dated 07.11.2023 of S.D.O.(Elect) TPWODL.
8. Bill dated 13.02.2023.

The O.Ps filed the following documents:

1. Account statement from March-2001 to October-2023.
2. Physical Verification report dated 12.05.2022.
3. Provisional assessment letter dated 13.05.2022.
4. Final assessment letter dated 14.06.2022.
5. Undertaking Cum Declaration dated 21.01.2023.

4. This is a year-old dispute between the parties. Originally Nilamani Satapathy Consumer No. 4118-3408-0134 was having 2KWh/Domestic connection and as per admission of both the parties an outstanding of Rs. 1,85,616/- is lying up to October 2023. It is admitted by the O.Ps that Meter No. WESCO 231239 was working from March 2001 to March 2004, Meter No. 1938174 from May 2004 to April 2021 and Meter No. LW612198 from May 2021. Till date the connection is in the name if Nilamani Satapathy and the Complainant submitted that Nilamani Satapathy dies in the year 1999.

As per regulation 41 of the Orissa Electricity Regulatory Commission Distribution(Conditions of OERC Regulation) procedure has been prescribed. The Complainant not followed the procedures till date as a result licensee/supplier company changed the meter consumer is shown as Nilamani Satapathy. By filing this complaint the Complainant admitted that the premises of Nilamani Satapathy is occupied by the Complainant and is responsible/outstanding dues recoverable from him.

After perusal of the account statement it reveals that from August 2021 actual bill has been raised. The meter No. LW 612198 was installed in May 2021 but provisional bill was given  in June 2021 and July 2021. Thereafter on actual basis bill has been provided to the Complainant. During May 2021 the outstanding was Rs. 1,87,967.36P. As per Regulation 154 the O.Ps had every authority to proceed under the Odisha Public Demand Recovery Act, 1962(Act No. 1 to 1963) but ni any step has been taken as the limitation Act, 1963 is applicable. Non –following the procedures established under Law and taking recourse by demand pressing hard to a consumer and terrifying by disconnection notice amounts to deficiency in service. The O.Ps again and again demanding the arrears and this Commission has jurisdiction to entertain complaints within two years. Accordingly, the demand made for more than three years is not proper. The O.Ps are at liberty to proceed under the O.P.D.R. Act & Rules made there under but cannot press the Complainant demand of more than three years.

5. It is agitated by the O.Ps that the Complainant is not a consumer and this complaint is not maintainable. Admittedly the Complainant is the son of Nilamani Satapathy, deceased Consumer of O.Ps. Accordingly, this complaint is maintainable before this Commission.
6. The O.Ps submitted that this is a case u/s 126 of the Electricity Act, 2003 and not maintainable before this Commission. It is prescribed under the Regulation 159 to 170. In order to establish unauthorized use and theft of electricity certain procedures are prescribed. The O.Ps not submitted any video graph nor any photographs of by passing method of unauthorized use. The physical verification report dated 12.05.2022 does not reflect the signature of Complainant nor any witnesses. Department officers have put their signatures which is one sided. In case of any protest to take photographs or putting signature due procedures need to taken by the O.Ps but it is lacking. Accordingly, it can not be terms as unauthorized use/theft of electricity. The O.Ps failed to prove that the use made by Complainant was unauthorized. The assessment made are not acceptable. The O.Ps while proceeding u/s 126 of the Electricity Act, 2003 not followed due procedures, it amounts to deficiency in service. It is a pressure technique of the O.Ps to collect arrears which is against the procedures of law. The undertaking-Cum-declaration dated 21.01.2023 is a printed form and forcibly imposed on a consumer and in order to avoid disconnection a consumer will be compelled to make signature. It is not voluntary and accordingly not acceptable.

Taking into consideration the circumstances of the complaint the following order is passed:

ORDER

The complaint is partly allowed on contest against the O.Ps. The O.Ps are directed to refund Rs. 12,000/- to the Complainant within one month of this order. In case of non-refund the amount will carry 7% interest P.A. from date of payment till realisation. The O.Ps are further directed to collect the actual bill from date of installation of new meter after adjustment of payment made. The Complainant is also directed to pay the regular bills in time. No cost and compensation.

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

Supply free copies to the parties.