PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                     CONSUMER COMPLAINT NO. 160/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Smt. Suchitra Panda,

W/O-Shri. Pathan Kumar Panda Panda,

R/O-Near Life Care Hospital, SRIT Colony, At/PO-Budharaja,

PS-Ainthapali, Dist-Sambalpur-768004, Odisha.                   ….…......Complainant.

                                    -Vrs.-  

1. The Tata Power Western Odisha Distribution Limited (TPWODL)

Represented through its Chief Executive Officer,

At/PO/PS-Burla, Dist-Sambalpur-768017.

2. Shri.Purna Chandra Biswal, aged about 40 year,

Now Working as Sub-Divisional Officer-I, Ainthapali. TPWODL,

Sambalpur-768004.

3. The Controller of Legal Metrology,

O/O-Directorate of Legal Metrology,

At/Po/Ps-Khandagiri, Bhubaneswar,

Dist-Khurda-751030.                                 …………........Opp.Parties

Counsels:-

1. For the Complainant         :- Sri. R.N. Debta & Associates
2. For the O.P. No.1 & 2        :- Sri. S.K. Nanda & Others
3. For the O.P. No.3                           :- S.K. Kandulna, Joint Controller, Legal Metrology,
   •  

Date of Filing:04.10.2023,Date of Hearing :12.02.2023,Date of Judgement : 22.04.2024

  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 I.D. No. 14111036275 with two independent electric connections vide Meter No. WLT-105863 and WLT 104861. During April, 2021 the O.Ps unilaterally assigned meter No. WLT-211024 to Meter No. WLT 105861. The O.Ps are required to get the meters tested and certified by O.P. No.3 before its installations. The testing report has not been communicated to the Complainant. The meters were installed with a gap of Six inches in 2018. The Complainant is paying regular electricity bills but the O.P.No.2 threatened and collected Rs. 20,000/- and in case of non payment disconnection shall be made on 29.09.2023 by 2 P.M.

The O.Ps communicating bills of meter No. WLT 105861 (WLT-211024) on actual consumption. The O.Ps unilaterally changed the meter number and started giving provisional bills from 22.04.2021.

The O.Ps communicated bill dated 25.07.2023 claiming arrear of Rs. 88,348.82 i.r.o. meter No. WLT-21024 changed to meter No. WLT-105861. Protest was made on 28.07.2023 on the claim. The O.Ps issued bill dated 22.09.2023 with a demand of Rs. 88,348.87 to Rs. 65,896.49P.

On 22.09.2023 husband of Complainant went to the O.P. no.2, who advised to submit written application and on 29.09.2023 application was given. When the Complainant wanted to know about the original demand and basis of revised demand, the O.P. no.2 became angry and directed his employees to disconnect power supply, who insisted for 50% deposit minimum of the arrear and directed to deposit Rs. 20,000/- within one hours to avoid disconnection. Notice dated 24.08.2023 was issued for disconnection along with demand.

Being aggrieved complaint has been filed.

2. The O.P. No.1 & 2 in their reply submitted that billing disputes are not maintainable before the Commission. The dispute is relating to consumer No. 4117-2104-0194 in the name of Complainant having permitted load of 2 KW under LT/Domestic Category. The supply has been extended since 10.06.2022 with current Meter No. WLT105861. The outstanding arrear till September 2023 is Rs. 46,000/-.

Meter No. WLT-105861 was installed on 24.05.20218 and actual meter reading bill given till Feb-2021. In March 2021 due to technical glitch in the server a separate meter serial number has been reflected resulting in provisional billing for billing month of Aug. 2021 to May 2023, although the same meter serial No. WLT 105861 is in operation. It was never complained. On 03.07.2023 when site verification made the meter No. WLT 105 861 has been mismatched in the billing ledger. The meter was found in operative. The final meter reading of WLT-105861 as on 03.07.2023 was 17822KWtt. Thereafter bills were rectified. Accordingly, in billing month June 2023 FMR 17822KWtt an amount of Rs. 88,348/- was debited to the billing ledger and bill amounting to Rs, 90,570/- issued. For the same meter the earlier bill was for 4428 units and for that subtracting FMR(4428KWH) in billing month Feb. 2021 from FMR June 2023 the bill was revised and thereby an amount of Rs. 28,328/- was credited in billing month August, 2023. The O.P. no.3 is not a proper party to the case. The license is authorized to test the accuracy of energy meter in its laboratory under Regulation III(c) of the supply code, 2019. In case consumer so desire then it can be tested in accredited laboratory under Regulation III(ii) of the Supply code, 2019.

In August 2023 Rs. 66,108/- bill was issued. When Complainant failed to pay disconnection notice was served u/s 56(2) of the Electricity Act, 2003. The Complainant on 29.09.2023 approached O.P. no.2 for installments. The Complainant deposited Rs. 20,000/- to-wards first installment. Instead of paying rest installments this complaint was filed.

The disconnection notice which is computer generated and without signature is proper and as per Sec. 56 of the Electricity Act and Supply code, 2019, regulation 172. There is no deficiency on the part of O.Ps and complaint is liable to be dismissed.

3. The Complainant filed the following documents:

1. Meter Showing WLT- 105863 and WLT- 105861(WLT-211024).
2. Axis Bank payment slip dated 29.09.2023.
3. Bill dated 24.03.2021.
4. Bill dated 22.04.2021.
5. Bill dated 25.07.2023.
6. Complaint dated 28.07.2023.
7. Bill dated 22.09.2023.
8. Disconnection Notice dated 22.09.2023.
9. Request to supply old History dated 29.09.2023.
10. Disconnection notice dated 29.08.2023.

The O.P. No.1 & 2 filed:-

1. Decision in WP(C) No. 1704/2020 and C.D. Appeal No. 1342/2003.
2. Billing ledge till September 2023.
3. Revised bill for the period 24.05.2021 to 21.06.2023.

     The O.P. No.3 filed.

4. Letter No. 17/01/2024-W& M section dated 06.02.2024-Central Guidelines issued by Govt. of India.

4. Relating to testing of Electric Meters the O.P. No.2 & 3 submitted guidelines issued by Govt. Of India and clarified that energy meters(Electric Meters) are not covered in the legal Metrology(general) Rule, 2011. The testing of energy meter is covered under the Electricity Act, 2023 and the O.E.R.C. Regulation, 2019 in Orissa.
5. Meter serial No. WLT-105-861 was installed in the premises of the Complainant since 24.05.2018. The Complainant alleged that the O.P. were sending bills on the basis of actual consumption. For the bill period 01.02.2021 to 28.02.2021 bill was raised Rs. 203.55P. The O.P.s changed the meter unilaterally and started giving provisional bills from 22.04.2021. In reply O.Ps submitted due to technical glitch. In the server in the billing ledger a separate meter serial has been reflected resulting in provisional billing for August 2021 to May 2023. After giving a provisional bill dated 25.07.2023 an amount of Rs. 88,348.82P was claimed which is the matter of challenge in this complaint. The O.Ps pleaded that never any complaint was made by the O.Ps to detect the fault site verification made on 03.07.202. The O.P. replied WLT 105861 was working properly but due to technical error mismatched in the billing ledger. The F.M.R. on 03.07.2023 recorded 17822 KWH. The O.Ps took steps for rectification of the errors. The Complainant has paid the bills from August 2021 to May 2023. Here question arises when the meter No. WLT- 105861 was working properly why meter No. WLT- 211024 was installed the O.Ps failed to explain. Mere stating technical error is not sufficient. The O.Ps failed to explain why provisional bills were given for the alleged period. It indicates suppress meter reading and it is done by the meter readers, only for that reason all of a sudden an amount of Rs. 88,348.82P was raised. It proves the deficiency in service of O.Ps.
6. The O.Ps explained that in billing month February 2021 the FMR was 4428 KWH and the amount Rs. 28,328/- was credited for which in bill revision the amount(demand) came to Rs. 66,108/-. In one hand the O.Ps stating that against claim of Rs. 88,348.82P. The Complainant paid Rs. 20,000/-first installment and on the other hand stated after bill revision Rs. 66,108/- was demanded as per section 56(2) of the Electricity Act, 2003.

The O.Ps in the name of billing disputes taking the plea of non-maintainability of the complaint and citing decisions of hon’ble High Court, Orissa and State Commission. In the other hand the O.Ps are not rectifying their irregularities in management of accounts and supply. In the present complaint when suppress reading made on 22.09.2023 is illegal and the O.Ps can not exercise the power u/s 56(2) of the Electricity Act, 2003 as the demand itselfis illegal and it amounts to unfair trade practice.

7. The O.Ps submitted that as per Regulation 10 of the CEA(Installation and operation of Meter) Regulation 2006 read with Regulation 99 of the Supply Code 2019, the operation testing and maintenance of all types of meters shall be carried by the Licensee and for that the licensee/Supplier is only authorised to test the accuracy of the energy meter. The O.Ps supply electric meters which are tested and certified as per standards prescribed by Bureau of Indian Standards as per Regulation 98 of the OERC Supply code, 2019 read with (Installation & operation of Meters) Regulation, 2006.

In the present complaint the O.Ps on 03.07.2023 made the site verification and ascertained meter No. WLT- 105861 is functioning properly. The O.Ps failed to submit the details of meter No. WLT-211024 and why it was installed in April 2021 although meter No. WLT- 105861 was working properly. The testing report of the alleged meters have not been filed although categorically stated that the meter WLT-105861 was working properly. It also amounts to deficiency in service and unfair trade practice.

8. The O.Ps submitted that the C.E.O. of the O.Ps is not a proper party for domestic consumers as per circulars of Govt. of Orissa. The O.Ps not filed the circulars. The O.Ps TPWODL is a company registered under the companies Act and its C.E.O. is the competent person to sue and be sued on behalf of the company. The Sub-Divisional officer is only an employee of the company. Deficiencies in service covers the company including its officers and the C.E.O. can not escape from its liability on behalf of the company.

Taking into consideration the circumstances of the complaint it is established that the O.Ps supplier are liable for the deficiencies is service and accordingly it is ordered:

ORDER

The complaint is allowed on contest against the O.P. no.1 & 2. The demand notice dated 22.09.2023 and 24.08.2023 are illegal and the actions of the O.P. no.1 & 2 demanding Rs. 68,896.09 is not proper. The O.P. No.1 & 2 are directed to refund Rs. 20,000/- with 12% interest within one month of this order w.e.f 29.09.2023. For deficiency in service and unfair trade practice the O.P. no.1 & 2 are directed to pay compensation of Rs. 1.00 lakh and litigation expenses of Rs. 10,000/-. Further the O.Ps are directed to install a tested and certified meter in the premises of the complainant within one month of this order.

Order pronounced in the open court on this 22^nd day of April, 2024.

Supply free copies to the parties.