PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.-194/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Narayan Bhoi, 

S/O-Late Chandrasekhar Bhoi,

R/O- Banmal, Po-Kulundi, Ps-Jamankira,

Dist-Sambalpur, Odisha.

Mob No. 7608977840                                          ………………Complainant

-Vrs-

1. The Superintending engineer,

TPWODL, SEED, Sambalpur, NH-6, Panchagachia,

Sambalpur-768004, Odisha.

2. The S.D.O. II, Dhanupali, SEED TPWODL,

Cuttack Road, Dhanupali, Sambalpur, Odisha-768005

3. The Junior Engineer/ESO TPWODL, Padiabahal

Sambalpur,Odisha-768112.                         ………………Opp. Parties

Counsels:-

1. For the Complainant      :- Self
2. For the O.P. s                   :- S.K. Nanda, P.Gupta & S. Mohanty, representative

Date of Filing:02.11.2023,  Date of Hearing :22.04.2024  Date of Judgement : 01.07.2024

Presented by Sri SadanandaTripathy, Member.

1. The case of the Complainant is that the Complainant is a consumer of the O.Ps and has lodged a complaint before O.P. regarding damage of the wire. But suddenly on 09.08.2022, the staff of the O.P. came to the house of the Complainant and without permission, they checked and fined of Rs. 1,40,194/- without knowledge of the Complainant. They demanded Rs/51,872/- as final amount on E.M.I. basis. They have not repaired the damaged wire till now and warning to disconnect electricity. Hence this case.
2. The written statement of the O.P. is that the consumer is irregular in paying the energy bills for which the outstanding dues against the consumer till Nov. 2023 is Rs. 25,956/-. The Consumer is permitted load of 0.11 Kw under LT-Domestic category with the initial energy meter serial number 607011. The supply has been extended to the premises of the consumer since 01.01.2012. On a periodical inspection of the premises of the consumer on dtd. 17.12.2022 by the O.Ps, it was found that the consumer used power unauthorized of connected load of 7.09KW by means of incoming 4mm black colour with turine core service cable directly connected to the concealed wiring of his house without energy meter. The electric connection was extended to the premises of the consumer since  the year 2012. On 23.07.2019, the energy meter has been installed the consumer deliberately displaced the energy meter and used electricity through direct tapping unauthorisedly. For such unauthorised consumption, a physical verification report was prepared at the spot in presence of the consumer but when the consumer was asked to acknowledge the PVR he refused for which it was affixed in the main wall of the premises of consumer and photographs was captured for evidence  as per provision of law. Basing upon the inventory report the O.P. no.2 as the assessing officer, assessed to the best of his judgement the liability of the consumer to pay the electricity charges for such unauthorized use of energy and accordingly issued a provisional order of assessment under Sec. 126(2) of the Electricity Act, 2003, for an amount of Rs. 1,40,194/- dtd.. 28.12.2022. Further by such provisional order the consumer was asked to appear before the assessing officer an the day fixed for personal hearing and file objection, if any, against the provisional order of assessment. The Consumer did not file any satisfactory objection against the aforesaid provisional order. Consequently the O.P. vide his letter No. 15(A) dtd. 20.01.2023 issued final order of assessment u/s 126(3) of the Electricity Act, 2023 for an amount of RS. 1,40,194/- after complying all the formalities of law and requested the consumer to pay the finally assessed amount. At the outset the instant application is not maintainable before the Hon’ble Commission in the eyes of law, as the matter involves assessment proceeding U/S 126 of the Electricity Act, 2003, against which an efficacious alternative remedy is available to the applicant under Sec. 127 of the Electricity Act, 2003.
3. Form the case record, documents and evidences it is found that although complaint was lodged by the Complainant regarding damage of wire, the O.P. did not take  any step for replacement of new wire. Inspite of that on dtd. 17.12.2022, they physically verified and gave report on physical verification report that “During physical verification it has found that consumer availing power supply unauthorisedly by means of incoming 4m black  colour therein core service cable directly connected to the concealed wiring of house. No meter has found at the premises. All photos & evidences has taken. But no photos or evidences has been filed by the O.Ps. Further the O.Ps have not filed any evidences regarding the procedure followed U/S. 126 of electricity Act, 2003 against Complainant. So deficiency is found against Ops. Accordingly it is ordered.

ORDER

The O.Ps are directed to exempt the alleged fine amount of about Rs. 1,40,194/- as it is illegal, Rs. 10,000/- to-wards deficiency in service, damages and metal agony suffered by the Complainant as compensation and Rs. 5000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which all amount will further carry with 9% interest per annum till realisation. Further the Complainant is directed to pay the monthly electric bill regularly to the O.Ps.

Order pronounced on open court on 1^st July, 2024.

Supply free copies to the parties.