PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                  CONSUMER COMPLAINT NO. 219/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Niranjan Barpanda,

R/O- House No. 1/291, Bhawani Field, PS/PO-Dhanupali,

Dist-Sambalpur, Odisha-768005.                                      .……….......Complainant.

Vrs.

1. TPWODL, represented by the Chief Executive Officer,

TPWODL, Corporate office, Burla, Sambalpur-768017.

2. TPWODL, represented by the Superintending Engineer

TPWODL, Ainthapali, Sambalpur-768004.

3. TPWODL, represented by the Executive Engineer, SEED

TPWODL, Near Jail Chowk, Sambalpur-768001.

4. TPWODL, represented by the Sub- Divisional Officer-II,

TPWODL, Dhanupali, Sambalpur-768005.

5. TPWODL, represented by the Electrical Section Officer,

TPWODL, Padiabahal, Sambalpur-768112.            …...……….Opp. Parties

Counsels:-

1. For the Complainant           :- Self
2. For the O.P.                         :- Parika Gupta & Samapika Mohanty, representatives.

Date of Filing:01.12.2023,  Date of Hearing :08.04.2024,  Date of Judgement :13.05.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant brought this complaint against arbitrary disconnection of power supply to his premises at village Khaliapali having Consumer No. 416234020203. The O.Ps on 26.10.2023 disconnected power supply at 3.23PM without following due procedure. The O.P. No.4 handed over a rolling paper on 26.10.2023 saying disconnection due to non-paying of arrear dues. Further it was written, if reconnected without permission proper legal action shall be taken against him. On the same day at 4.08PM a disconnection notice was received through SMS saying that arrear is Rs. 79,816/- and disconnection notice is given and to avoid disconnection, ignore if paid.

On 27.10.2023 the Complainant approached the O.P. No.4 for reconnection and was ready to pay Rs. 10,000/-. The O.P. No.4 forced to pay Rs. 40,000/- but ultimately agreed on Rs. 20,000/- but obtained an undertaking. Through G-pay Rs. 20,000/- was deposited. For restoration of power supply representation was given on 28.10.2023 but it was refused to receive by O.P. No.4. Complaint was made to O.P. No.1for the forced disconnection. Again on 24.11.2023, 2.15PM another SMS came for disconnection. The O.Ps using WESCO UTILITIES DEOGARH DIV-1, Letter head instead TPWODL.

Being aggrieved with the procedures followed complaint was filed.

2. The O.Ps in reply submitted that the Complainant is having Consumer NO. 4162-3402-0203 with permitted load of 2KW LT/Domestic Category with meter No. WLT-213147. Rs. 55,869/- is lying outstanding area till Nov. 2023. Billing month September 2023 bill served on 12.10.2023 for Rs. 79,816/-. From October 2004 to September 2023 only in ten occasions amounting to Rs. 13,462/- has been paid. System generated notice has been sent for disconnection and disconnected on 26.10.2023. The O.P. No.4 acknowledged the disconnection on 26.10.2023. On 27.10.2023 on request of Complainant Rs. 20,000/- installment was received and the rest amount were made installments. Due procedures have been followed for disconnection and reconnection given on payment.
3. Perused the documents filed by both the parties. The Complainant filed

1. Acknowledgement of disconnection by O.P. No.4 dated 26.10.2023.
2. SMS dated 26.1.2023 at 4.08 P.M.
3. Office order dated 27.10.2023 of O.Ps.
4. G-pay of Rs. 20,000/- in WESCO UTILITIES DEOGARH DIV-I
5. Representation dated 28.10.2023.
6. Copy of petition dated 23.11.2023 with postal receipts.
7. Disconnection notice dated 24.11.2023.

The O.Ps filed:

1. Billing ledger of the Complainant.
2. Copy of order of hon’ble SCDRC & High Court, Orissa.
3.  Statement showing payment history.

4. In the present complaint the Complainant challenged the procedure adopted by O.Ps for disconnection u/s 56(1) of the Electricity Act, 2003. In reply without explaining the procedure the O.Ps have taken the plea mechanically that billing disputes are not maintainable before this Commission and cited the decisions of Hon’ble High Court, Orissa and S.C.D.R.C, Cuttack although it is irrelevant.
5. Perused the account statement/ billing ledger and payment particulars of the Complainant. Since 01.10.1985 the Complainant is a domestic user of the licensees and at present the O.Ps. From ledger history it reveals that on average basis billing has been made till February 2013 @ 95 units per month. From October 2013 to 2016 no any units of consumption shown. From January 2016 has been charged. During August 2021 the area outstanding was Rs. 68,025.80. From August 2021 on actual consumption basis bills have been supplied.

Till August 2021 the total outstanding amount is disputed as it was not drawn on the basis of actual consumption. The O.Ps not explained why on the actual basis meter reading was not taken nor explained about the meter whether it was defective or not. The O.Ps also not tried to settle the dispute before the competent authority or recovery of the amount through proper method prescribed under the O.E.R.C. regulation, 2019.

The O.Ps have notproduced the demand notice on the alleged disconnection dated 26.1.2023 nor the disconnection notice. From the documents filed by Complainant it reveals that unwanted messages are sent to the customers and the O.Ps are taking the plea that disconnection notices are given.

As per section 56(1) of the Electricity Act, 2003 15 days notice to be given to the consumer. The O.Ps failed to submit the 15 days notice for disconnection prior to the date of disconnection i.e. 26.1.2023. As per provision of Regulation 184 of the supply code 15 days notice through different mode and acknowledgement is essential to establish the case. As the O.Ps failed to prove that due notice has been given, the disconnection made on 26.10.2023 is illegal and arbitrary. This proves the monopolistic practice of the O.Ps which is unfair and dissatisfaction of the consumers.

6. The Complainant raised the question of nearby consumers. This Commission has no power to examine the issues relating to public interest. As a sensible and responsible citizen the Complainant should deposit the monthly consumed power supplied by the licensee to bring the system to main line.
7. Taking into consideration the circumstances of the complaint following order is passed:

ORDER

The Complaint is partly allowed against the O.Ps. The O.Ps are directed to settle the arrear dispute amicably with the Complainant to avoid multiple litigations. The Complainant is directed to pay the actual compensation bill every month regularly. The O.Ps should ensure that monthly meter readings are taken and served to the Complainant. The Complainant is directed to deposit the bills, amount provided by the O.Ps regularly.

With above observation the case is closed.

Order pronounced in the open court on this 13^th day of May, 2024.

Supply free copies to the parties.