PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO. 126/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Sri. Ashok Kumar Panda, Aged about 60 years

S/o-Udaya Narayan Panda,

R/o-Govindtola, Infront of Petrol Pump, At/PO/Ps-Dhanupali

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

Vrs.

1. The S.D.O ( E) TPWODL,
2.  
3.  
2. The Executive Engineer(Elect), TPWODL,

At/PO-Bhutapada, Sambalpur, Ps-Dhanupali,

3. The Superintendent Engineer(Elect) TPWODL

At/PO/PS-Ainthapali, Tahl/Dist-Sambalpur.…....……….Opp. Parties

Counsels:-

1. For the Complainant         :-Sri. H.N. Sarangi, Adv. & Associates
2. For the O.P.s                       :-Smt. S.Mohanty, Legal Officer, TPWODL & others

Date of Filing:08.04.2024,  Date of Hearing :02.09.2024 Date of Judgement : 30.09.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is a consumer of the OPs and taken power supply to his residential house at Govindtola which was received by an amicable family partition among his family members and later on the said house is gifted to him by his father. There had been arrear dues of electricity bill of Rs. 55,000/- only against his father consumer number. The Complainant has already paid the said amount of Rs. 55,000/- in cash on dtd. 12.06.2020 and obtained receipt thereof, in order to get a power supply to his said gifted house in his name. The Complainant on scrutiny of electricity bill, found that an excess payment of sum of Rs. 10,000/- has been paid vide Money Receipt No. B3- 2251064 dtd. 16.03.2018. The Complainant brought this fact of the excess payment to the notice of the OP No.1 and the OP No.1, advised the Complainant to take up this issue with the OP No. 2 and 3 since he lacks jurisdiction to deal with such matter. The Complainant accordingly filed a written application before the OP No. 3 by enclosing the photo copy of receipt of excess payment and Letter bearing No. 1183 dtd. 12.06.2020 and on being convinced of the fact that an excess payment has been made, the OP No. 3 referred the matter to the OP No. 2. The OP No. 2 informed that Complainant’s father that matter would be solved/adjusted within 15 days from issue of letter bearing No. NO/SEED/SBP/2926(2) dtd. 12.08.2020. Even if there is a clear direction by the OP No. 2 and 3 to either adjust or refund the said excess payment of Rs. 10,000/-, the OP No. 1 is not taking any action on the instruction of his higher authorities. The Complainant after being fade up with, served a pleader’s notice through his lawyer to the OPs on dtd. 07.10.2022, but none of the OPs find it necessary to give a reply to the said notice. The Complainant is running from pillar to post to get the said excess payment weather adjusted or refund to him from the year’ 2018 and it shows the complete harassment to the Complainant and that amounts to deficiency of service on the part of the OPs.
2. The written statements of the O.Ps is that after payment of Rs. 55,000/- on 12.06.2020, the Complainant had cleared arrear electric dues up to billing month of April 2020 but the electric bill for the month of May 2020 was remained unpaid. The Complainant on the same date approached before the OP No. 3 regarding mis/non-posting of Rs. 10,000/- paid by him on 16^th March 2018 and requested for adjustment of such amount. The OP No. 3 not being the appropriate authority to verify the billing data forwarded the grievance of the Complainant to the OP No. 1 & 2. On scrutiny of the money receipt submitted by the Complainant it is found that Rs. 10,000/ was paid towards electricity dues against Consumer No. 416232160081 which is not related to the present consumer. Since, the consumer number was mismatched, the Complainant was requested to wait for some days for further verification & rectification of mistake, if any. However, the OP responded promptly to the issue and after verification it was found that the Consumer paid the aforementioned amount against a different Consumer number at the collection counter of the OPs and for that the same was not credited to his billing account. After ascertaining the fact, the OPs advised for a credit sundry and accordingly an amount of Rs. 10,000/- was adjusted to the consumer’s billing account in the billing month of June 2020 issued in the month of July 2020. After such adjustment, the arrear of the consumer is Rs. 7967.29. Since, as per the request of the Complainant the power supply to the said premises in reference to Consumer No. 416232020397, was disconnected permanently the billing was stopped from the billing month of June 2020. Hence, the allegation of the Complainant regarding inaction of the OPs is false and hence denied. Regarding letter dtd. 12.08.2020 of the Executive Engineer/OP No. 2 addressed to the consumer that the Sub-Divisional Officer/OP No. 1 is the authorized officer for all the single phase consumers and the Executive Engineer is for all the three phase consumers. In response to the complaint made by the Complainant on 12.06.2020 the OP No. 3 forwarded the same to the OP No. 1& 2 for necessary action and accordingly the OP No. 1 inquired into the matter and resolved the issue by giving credit sundry to the billing account of the consumer, duly reflected in the billing ledger. The OP No. 2 not being aware of the development intimated the consumer on 12.08.2020 assuring to resolve the issue within 15 days with an instruction to the OP No. 1 to resolve the grievance of the consumer. But in fact, by that time the grievance of the consumer had already been resolved by the OP No. 1. Due to ongoing process of change in management and vesting of license by the Hon’ble OERC under the provision of the Electricity Act, 2003 to the TPOWDL followed by transfer of supply engineers, the pleader notice in question was left unanswered. However, the OP No. 1 had already resolved the Complainant’s grievance in the billing month of June 2020 and hence there existed no lacuna on the part of the OPs.

ISSUES

1. Is the Complainant is a Consumer of the O.Ps?
2. Is there any deficiency of service in part of O.Ps?
3. Whether this Forum/Commission has power to deal the case of electricity Act?
4. Whether the Complainant is entitled for getting any relief?

Issue No. 1:- Is the Complainant is a consumer of the O.Ps?

The Complainant is paying electricity dues to the O.Ps, hence the Complainant is a consumer as per the CP Act.

Issue No. 2:- Is there any deficiency of service in part of O.Ps?

After direction made by the OP No. 2 to OP No. 1 to resolve the problem within 15 days, the OP No. 1 has not resolved the issues in time and further there is no evidence submitted by the OPs regarding solving the problem in time. Hence the O.Ps are deficient in service.

Issue No. 3: Whether this Forum/Commission has power to deal the case of electricity Act?

As per the case law cited by Ops of U.P Power Corporation Ltd. Vrs Anis Ahmed and Batch cases, AIR 2013 (SC) 2766, para-47(ii) which says “47 (ii).  A complaint against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum”. But in this case the Complainant has filed the case and submitted against the OPs for deficiency of service, Unfair Trade practice and Monopoly of the OPs. This commission has power to deal with the case relating to any deficiency of service, Unfair Trade practice and Monopoly of OPs as per the CP Act.

Issue No. 4

Whether the Complainant is entitled for getting any relief?

From all the facts of the parties, the Complainant is entitled for reliefs what he claimed in his complaint petition from the OPs.

Accordingly the case is disposed of on contest and ordered:

                             ORDER

The OPs are directed to adjust the excess payment of Rs. 10,000/- of the Complainant within 15 days from the receipt of the order if earlier not adjusted. The said amount and further to payRs. 15,000/- towards deficiency in service , damages and mental agony suffered by the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 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 30^th day of Sept, 2024.

Free copies of this order to the parties are supplied.