Orissa

Cuttak

CC/64/2021

Nibedita Mohapatra - Complainant(s)

Versus

AGM Electrical,(TPCODL),SED - Opp.Party(s)

P K Rout & associates

25 Aug 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.64/2021

 

Nibedita Mohapatra,

W/o: Pramod Kumar Rout,

At/PO/Ps:Nischintakoil,

Dist:Cuttack.                                                              ... Complainant.

 

          Vrs.

 

1.       The A.G.M Electrical, (TPCODL),SED,

Salipur,Office of the Electrical Salipur Circle,

                 Division -Salipur,At/Po/Ps-Salipur

                 Dist-Cuttack

 

2.       The S.D.O Electrical (TPCODL) Nischintakoil

Sub-Divisio ,At/PO/Ps:Nischintakoil,

                  Dist-Cuttack

 

3.       The Junior Engineer,Electrical,

Nischintakoil,At/PO/Ps: Nischintakoil

           Dist-Cuttack

 

 

Present:         Sri Debasish Nayak,President.

                      Sri Sibananda Mohanty,Member.

 

Date of filing:    31.03.2021

Date of Order:  25.08.2023

 

For the complainant:           Mr. P.K.Rout,Adv. & Associates.

For the O.Ps                :            Mr. S.C.Dash,Adv. & Associates.

           

Sri Debasish Nayak,President                   

           

Case of the complainant bereft unnecessary details as made out from the complaint petition in nut-shell is that there was electric connection to her residential house at Nischintakoili block square since long which was registered in the name of her deceased father-in-law, late Natabar Rout vide SNC No.364 and consumer No.05235921.  Her father-in-law had died in the year 2004 and after him, the complainant was paying the energy dues as per the bills.  In order to change ownership in her favour from that of her deceased father-in-law, she had approached the O.Ps on many occasions.  She had also met O.Ps no.2 & 3 on 7.1.2016 and 5.2.2016 for the said reason but no action was initiated.  She has submitted several applications in order to change the defective electric meter which reflects excess units at her house.  The outstanding arrear energy bill as on 20.9.2017 was of Rs.12,563/- and without giving any disconnection notice, the O.Ps had disconnected the electrical connection as provided to her house on 2.10.2017 thereby putting the complainant and her inmates in serious trouble.  Her son had to suffer who was one HSC examinee and she could not practice properly being a Homeopathic doctor.  She had applied for proper calculation of the energy dues and for reconnection of the electrical line to her house but the O.Ps have not done so.  When she met them for a discussion in that regard, they even had not responded well.  She had filed copy of her application dated 28.10.2017 and the electrical bills from the year 2017 to 2021.  When she approached at different Forum against the inaction of the O.Ps, the electrical line to her house was given on 12.2.2020 but without finalisation of the wrongly calculated energy bills and without installation of a correct electrical meter.  The O.Ps  one month after reconnecting the electrical line to her house had provided her electrical bill of Rs.23,300/- which according to the complainant is maliciously done as because she had not consumed electrical energy for such a heavy amount.  It is further submitted by the complainant that since because her house is situated near the market place by the side of the road, the heavy vehicles which are frequently plying on the road had caused disconnection of her electrical line by the over-loaded trucks and vehicles and she had applied on 30.1.2021 to the O.Ps for reconnecting her electrical line.  The complainant alleges that the O.Ps are not calculating her energy consumption bill properly and are not providing her the proper bills but are rather disconnecting her electrical line.  They had disconnected her electrical connection again on 1.3.2021 for which she had to approach this Commission and has filed her case claiming compensation of Rs.,7,00,000/- from the O.Ps towards the loss as sustained by her and her son, towards the illegal calculation of the energy dues and also for the disconnection of the electrical line by the O.Ps towards her mental agony and harassment.

            Together with her complaint petition, the complainant has filed copies of several documents in order to prove her case.

2.         On the other hand, all the three O.Ps have contested this case and have  filed their joint written version wherein the O.Ps have stated that the case of the complainant is not maintainable which is liable to be dismissed.  She is not a consumer of electricity in respect of Consumer No.SNC-364(05235921).  The said electrical connection as obtained by the consumer is commercial in nature.  They admit that the father-in-law of the complainant Late Natabar rout was the consumer under the said consumer no. under commercial category whose son is Pramod Kumar Rout and the complainant is the wife of the said Pramod Kumar Rout.  According to the O.Ps, the complainant and her family members are using electricity through two electrical connections, one in the name of Late Natabar Rout for GPS Tariff and the other one is in his name for domestic use.  The complainant had not taken any steps to provide legal heir certificate so as to be a consumer of electricity.  The complainant was a chronic defaulter in paying the energy dues for which legal steps were being taken for realisation of the energy dues in the month of October,2017 by serving statutory notice U/S-56(1) of the Electricity Act,2003.  Being aggrieved, the complainant and her husband have filed a number of writ petitions against the O.Ps which are as follows:

            (a)        W.P.( C) No.14350/2018 disposed of on 6.3.2018

            (b)        W.P.( C) No.11891/2020 disposed of on 29.5.2020

            (c)        W.P.( C) No.17310/2020 dismissed don 13.4.2022

           ( d)       W.P.( C) No.11891/2020 disposed of on 29.5.2020 granting liberty to approach the GRF.

           ( e)       W.P.(C) No.31,995/2020 disposed of on 12.01.2021

           (f)        W.P.( C) No.2199/2021 disposed of on 02.02.2021

          (g)        W.P.( C) No.19545/2021 withdrawn on 02.08.2021

          (h)        W.P.( C) No.507/2021 disposed of on 01.03.2021.

           (i)         W.P.( C) No.4355/2022 pending in the High Court.

           (j)         CRLMP No.1078/2018 disposed of on 20.1.2020

            (k)        CRLMP No.1661/2021 pending in High Court.

(l)         GRF Case No.10 of 2021 disposed of on 12.02.2021 by the Forum,Cuttack.

(m)      C.R.Case No.56/2021 dismissed on 17.8.2021 by the Ombudsman-I of Electricity, BBSR.

             (n)        W.P.( C) No.22381/2019 disposed of on 2.12.2019

             (o)        W.P.( C) No.35655/2021 pending in the High Court.

(p)        C.C No.64 of 2021(The present case as pending in the DCDRC,Cuttack claiming Compensation of Rs.7/- lakhs against the O.Ps-TPCODL).        

The O.Ps thus have prayed for dismissal of the complaint petition as because the complainant is in the habit of filing cases always.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

                      i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps?

iii.        Whether the complainant is entitled to the reliefs as claimed by her?

Issue no.I.

Out of the three issues, issue no.i  being the pertinent issue is taken up  first for consideration here in this case.

Admittedly, Late Natabar Rout, the father-in-law of the complainant had obtained electric connection to his premises from the O.Ps since long and was a consumer thereof.  After his death, as alleged by the complainant dispute arose regarding wrong calculation of the energy bills by the O.Ps and disconnection  of the electric line thereof by the said O.Ps thereby making her suffer without electricity on two occasions. The complainant consistently has averred about the wrong calculation of the energy bills as raised by the O.Ps initially to the tune of Rs.12,563/- as on 20.9.2017 and an amount of Rs.23,300/- as on 29.1.2021.  Though the O.Ps had disconnected electricity connection on 2.10.2017, according to the complainant, when she approached before  different Forum, her electrical connection was restored but again it was disconnected in the year 2021 by the O.Ps. 

The matter as it appears to be a dispute of calculation towards the tariff of the energy as consumed by the complainant and her inmates.  There is a pertinent decision of the Hon’ble Apex Court in the case of U.P Power Corporation Vrs. Anis Ahmed reported in AIR 2013 Supreme Court at page-2766 where it is held by their Lordships that such type of disputes are not to be dealt with the Consumer Commission rather, the parties are to approach the appropriate authority other than the Consumer Commission. Accordingly, the case as filed by the complainant can in no way be said to be maintainable before this Commission.  Hence, this issue goes against the complainant.

Issues no.ii & iii.

          From the observation of the first issue, no further discussion on the other two issues are necessary and accordingly the case of the complainant is found to be not maintainable and the complainant is not entitled to any of the reliefs as claimed by her.

 

                                                          ORDER

          The case of the complainant is dismissed on contest against the O.P and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 25^th day of   August,2023 under the seal and signature of this Commission.     

                                                                                              Sri Debasish Nayak

                                                                                                      President

                     

                                                                                                              

                                                                                             Sri Sibananda Mohanty

                                                                                                            Member