Orissa

Sambalpur

CC/76/2022

Radha Madhab Panda - Complainant(s)

Versus

1.The S.D.O. TPWODL, - Opp.Party(s)

Sri. P.K.Sahoo

24 Apr 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 76/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Radha Madhab Panda,

S/O- Late Kailash Chandra Panda,

R/O-J.M. Colony, Lane No.2, Plot No. R/-2/B4,

PO-Budharaja, Ps-Ainthapali, Dist-Sambalpur-768004.        ...………..Complainant

Versus

1. The S.D.O. TPWODL,

Electrical Sub-Divisional(Electrical) No.1,

Ainthapali Electrical Sub-Division, Sambalpur.

2. The Executive Engineer, TPWODL.,

Sambalpur Electrical Division, Ainthapali,

Sambalpur.                                                          …………...Opp.Parties

Counsels:-

1. For the Complainant         :-       Sri. P.K.Sahoo & Associates
2. For the O.P.s                       :-       Purna Ch. Biswal S.D.O. (Elect), Ainthapali &

Sri. D.K.Thakur, Advocate & Associates

 

Date of Filing:10.10.2022,  Date of Hearing :06.03.2023  Date of Judgement : 24.04.2023

Presented by Dr. Ramakanta Satapathy, President.

1. The complainant come up with this complaint to refund Rs.54,551/- final assessment amount arising out of meter tampering case U/S,126of the Electricity Act,2003. The appellate authority cum Deputy Electrical Inspector in case No.A.F.O.01/2021 found no fault of the appellant and directed to adjust the penal electricity charges in electricity bill on the basis of actual consumption. Against the said order the complainant again filed G.R.F Case No.88/2022 before President, GR.F. Case Burla. The authority vide order dated 27.5.2022 directed to revise the bill within 30 days of the order and to submit compliance report. Again case No.08/22 was filed by the complainant before Ombudsmen I wherein order of G.R.F., Burla was uphold.

The contention of the complainant is that Rs.54,551/- order of adjustment was passed as per regulation 169 of the OERC. The complainant failed to get 4% relaxation of digital interest since 19.7.2021. Monthly bill of Rs.1000/- is coming and it will take years together to adjust. There is no jurisdiction of retention of the amount. At the age of 70 years he is put to physical and mental harassment and prayed for refund of the amount with interest.

2. The Opp. Parties in their version submitted that the grievance of complainant has been exhausted U/S.127 of the Electricity Act, 2003. As per Regulation 169 of the Electricity Act, 2003, the amount has been refunded to the consumer in the form of adjustment in subsequent bills. In case of not adjustment the licensee/supplier shall be liable to pay interest at the same rate. The G.R.F and Ombudsman have also upheld the order of the appellate authority.

Actual billing has been made. This complaint is not maintainable as this Commission can not entertain appeal U/S 127 (2) of the Electricity Act, 2003 being final, no appeal can be made against the said order and prayed for dismissal of the complaint.

3. Perused the documents filed by both the parties. The contention of the complainant is that the appellate authority, G.R.F.,Burla and Ombudsman passed order for adjustment of Rs.54,551/- with future electricity bill. As per OERC Regulation and the Electricity Act,2003 and related provisions the authorities passed order. In case A.F.O. 01/2021 the appellate authority held that “……. In view of the above, it is concluded that this Authority found no fault of the appellant and disposed of accordingly.”

This order of the appellate authority has been upheld by the G.R.F., Burla and also by the Ombudsman –II, Bhubaneswar. The observation made by the appellate authority has not been challenged by the Opp.Parties before any forum/authority/Ombudsmen. It implies the procedure/action taken by the Opp Parties U/S 126 of the Electricity Act, 2003 is not in accordance with law. For imposition of high assessment the complainant was compelled to deposit Rs.54,551/- and run one after another forum for Redressal but the harassment part, non following of procedures was left un-discussed.

The complainant is a 70 years Senior Citizen and imposed fine of Rs.54,551/- which will take adjusted approximately 54 months as per actual consumption. For the harassment of the Opp.Parties a huge amount is not only blocked but also the complainant was tortured. It amounts to deficiency in service of the Opp.Parties.

This commission cannot go beyond the OERC Regulation and the Electricity Act, 2003 but for the mental harassment and torture, deficiency in service of the Opp.Parties is established.

                    Accordingly, it is ordered:

ORDER

The complaint is allowed partly against the Opp. Parties. The order of appellate authority, under OERC Regulation, G.R.F., Burla and Ombudsman–II, Bhubaneswar can not be interfered. For harassment of the complainant the Opp.Parties are directed to pay compensation of Rs.50,000/- and litigation expenses of Rs.5,000/- within one month of this order, failing which the amount will carry 12% interest P.A w.e.f. 10.10.2022 till realisation.

Order pronounced in open court on this 24^th day of April 2023.

Supply free copies to the parties.