Date of filing:- 25/08/2023.
Date of Order:-18/06/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 120 of 2023.
Sri Jagbindar Kaur, W/o Late Gurusebak Singh, aged about 55(fifty five) years, R/o W. No.16(sixteen), Kapileswar Nagar, Near- Baramchari Sibamandir, Bargarh, Po/Ps/Dist. Bargarh. ..... .... ..... Complainant.
-: V e r s u s :-
TATA Power Western Odisha Distribution Ltd., represented through:-
- The Chief Executive Officer, TATA Power Western Odisha Distribution Ltd. Corporate Office, Burla, Po/Ps. Burla, Dist. Sambalpur-768017.
- Executive Engineer, Electrical, Bargarh Electrical Division, Canal Colony Bargarh, Po/Ps/Dist. Bargarh-768028. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri S.K.Panda, Advocate.
For the Opposite Parties :- Sri Sarbeswar Nanda, Dy. Manager (Legal) and Sri Sambit Panda (legal Associates), E.C.O., Bargarh, TPWODL.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.18/06/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is a consumer of electricity in the name of her husband Gurusebak Singh and the Complainant being the beneficiary is using the electricity in the name of her husband bearing Consumer No. 5121 2105 0127 and meter No. 8174614. During the year 2020 the meter installed in the house was burnt and the fact was communicated to the Opposite Parties, at the time being WESCO was in charge of the electric supply. After December 2020, the TPWODL look charge and new meter was installed in the house of the Complainant in January 2021 vide meter No. LW397125 and since then the Complainant has been the electric dues regularly but surprisingly during the month of May-2023 on Dt.20-05-2023 the Opposite Parties claimed a huge amount of ₹ 53,401/-(Rupees fifty three thousand four hundred one)only towards arrear along with actual meter reading for the month without assigning any reason vide bill No. 512170523000066M7014. The Complainant enquired about the bill and the Opposite Parties told the amount which is claimed in the bill as arrear is for the period up to 2020, when the meter was burnt and the bill was issued on provisional basis. The Opposite Parties never claimed the aforesaid bill starting from January-2021 to March-2023 and hence they are not entitled to recover the said amount which is beyond the stipulated period as per OERC Guideline as well as Electricity Act. The Opposite Parties are regularly threatening for disconnection of electricity supply to the premises of the Complainant. As the arrear amount is illegal the Complainant got harassed and filed the complaint before this Commission praying that the Opposite Parties be directed to recall the illegal claimed amount of ₹ 53,401/-(Rupees fifty three thousand four hundred one)only declaring the same to be non-recoverable according to the provision of Section 56(2) of Electricity Act and Regulation 152 (ii) of OERC Distribution (Conditions of Supply) Code-2019 and Opposite Parties be directed to pay a total sum of ₹ 1,80,000/-(Rupees one lakh eighty thousand)only towards compensation.
2) The case of the Opposite Parties is that the Opposite Parties have filed version and admitted that the Complainant is the consumer of the Opposite Parties bearing Consumer No. 5121-2105-0127. The Opposite Parties further submitted that as per billing data due to meter defect status of Complainant's power supply there was provisional/average billing since July-2017 to December-2020 for consumption of merely 324(three hundred twenty four) units per month. During January-2021 a new meter bearing No. LW397125 installed and bill on actual meter was made. On verification of six months actual meter reading for the period January-2021 to June-2021, it is found the Complainant's average consumption is much more than the previous provisional bills. Accordingly the bill has been revised on 689(six hundred eighty nine) units per month as recorded during January-2021 to June-2021 and revised bill was found to be ₹51,386.16/-(Rupees fifty one thousand three hundred eighty six and sixteen paise) only. There is no illegal bill, the Opposite Parties have done their duty under Reg-155 of OERC (Conditions of Supply) Regulation-2019, accordingly the case to be dismissed against the Opposite Parties.
3) Perused the documents filed by the Parties and it reveals that on Dt.23-05-2023 the Opposite Parties has issued bill vide Bill No. 512170523000066M7014 amounting to ₹ 53,401/-(Rupees fifty three thousand four hundred one)only. The Opposite Parties in their version has submitted that they have done their duty under Reg-155 of OERC Distribution (Conditions of Supply) Regulation 2019. On Dt. 08-04/2024 the Opposite Parties have further submitted that the disputed billing amount of ₹ 51,398.16/-(Rupees fifty one thousand three hundred ninety eight and sixteen paise)only has been withdrawn in adherence to the policy of the organization. The Opposite Party in support of the said has filed the bill dated 30-09-2023 which reflects that the disputed amount has been waived off.
4) The Opposite Parties could have waived off the bill when the Complainant enquired about the matter but the Opposite Parties failed to rectify the bill and the Complainant has to redress complaint before this Commission.
5) Further the Opposite Parties are deficient in their service by imposing illegal bills without any verification and rectified the bill after delay of 4(four) months for which the Complainant got harassed.
O R D E R
6) The Complaint is allowed on contest against the Opposite Parties. The Opposite Parties are jointly and severally liable to pay ₹ 15,000/-(Rupees fifteen thousand)only for mental harassment and ₹ 10,000/-(Rupees then thousand)only towards litigation expenses within one month of this Order, failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.18/06/2024 and the case is allowed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
