Date of filing:- 14/01/2020.
Date of Argument:- 23/09/2022.
Date of Order/Judgement:-07/10/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 7 of 2020.
Uma Shankar Sahu, son of Sri Satyabadi Sahu, aged about 42 years, Occupation. Business, resident of Bargarh, Govindpali, Mastertikra, Ward no. 14, Post office/Police station and District. Bargarh.
..... ..... Complainant.
V e r s u s
- Assessing Officer, WESCO, Bargarh, At. Bargarh WESCO Office, Po/Ps/District. Bargarh.
- S.D.O. WESCO, Bargarh, Po/Ps/Dist. Bargarh.
- Sectional Officer, WESCO Bargarh Section 3, Po/ps/Dist. Bargarh.
... ….. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri P. R. Nag, Advocate with associate Advocates.
For the Opposite Parties:- :- Sri P.K. Acharya, Advocate with associate Advocates.
-: P R E S E N T :-
Dr. Ramakanta Satapathy ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.07/10/2022. -: J U D G E M E N T:-
Presented by Dr. Ramakanta Satapathy, President:-
- The Complainant filed the Complaint with allegation that he is a consumer of the Opposite Parties having Consumer No. 512123200090 and provided with a meter bearing No. WES 03607 Govindpali, Bargarh. On 24/03/2018 the Complainant requested the Opposite party No.3 to grant a new meter since his metre is completely damaged, which was received on 28/07/2018.
The Opposite Party No.1 there after issued letter no. 86/(3) dated 11/10/2018 stating that on 30/04/2018 an inspection was made and detected that the Complainant un authorized using electricity and assessed Rs.71,277/-(Rupees seventy one thousand two hundred seventy seven) only liability U/s 126 (2) of the Electricity Act 2003. Although power supply is for domestic use, the Opposite Parties assessed illegally and challenged the Bill as wrong.
- The Opposite Parties after appearance filed their version through Opposite Party No.2 and submitted that WESCO (now TPWODL) authority held regular inspection dated 30/04/2018 and found that the Complainant is availing 4 KW load against permitted load 3 KW with a tampered meter. The meter has been tampered by injecting liquid into the display and four numbers of hole were found on back side of metre terminal. The Inspecting quad prepared a report and recommended for replacement of a new metre enhancing the load from 3 KW to 4 KW. The Complainant refused to acknowledge but served a copy for information. The assessment is proper Provisional Assessment Order Letter No. 375 dated 03/05/2018 for last 12 months from the date of detection amounting to Rs.71,277/-(Rupees seventy one thousand two hundred seventy seven) only assessed and the Complainant was asked to file objectin within 7 days of receipt. No objection was filed accordingly vide letter no, 761 dated 11/10/2018 final assessment order was served. The bill was assessed bill including monthly bill of Oct 2018 shown same as arrear dues.
The Complainant is not maintainable as the case is involved with Sec 126 of the Electricity Act 2003 and special procedure has been provided U/s 127 of the Act. The Commission/Forum has no jurisdiction in view of decision in U.P. Power Corporation Limited and others V. Anis Ahmed case and it is followed by SCDRC, Cuttack in F.A. No. 84/2018 dated 02/08/2018.
- Perused the documents filed by the parties. The Complainant filed the copy of Complaint given to section officer Bargarh which is duly received on 24/03/2018. The Other documents are final assessment Order dated 11/10/2018 and three bills.
The Opposite parties have filed the physical verification report dated 30/04/2018, copy of dispatch register, provisional assessment letter dated 03/05/2018 and final assessment Order dated 11/10/2018.
- In the present Complainant basing on Complaint, version and documents of the parties, the following issues are framed.
ISSUES
- Whether the Complaint is not maintainable in view of assessment U/s 126 of the Electricity Act ?
- Are the Opposite parties deficient in their providing service to the Complainant?
- What relief the Complainant is entitled for?
Issue No.1 :-
To bring a case U/s 126 of the Electricity Act 2003 it is the duly of the Assessing Officer to serve a copy of the Provisional assessment made and reasonable opportunity should be given to the consumer to defend himself. In the present case the Inspecting officer has not taken the signature of the Complainant and wrote refused to sign even not affixed the notice. No signature of the witnesses have been taken. As reasonable opportunity is not given the assessment is not proper.
The Opposite Parties cited the case of Honble Supreme Court U.P. Power Corporation Limited and others V. Anis Ahmed. No doubt assessment order can not be challenged and there is a special procedure U/s 127 of the Electricity Act 2003 but there is every possibility of mis carriage of Justice. To assess the unauthorized use, the assessing officer has power to assess but when due procedure is not followed, thereby the assessing officer becomes deficient in providing service.
In the present Complaint the assessing Officer is deficient in providing service. Accordingly the case will come under the perview of the Consumer Protection Act.
Issue answered accordingly.
Issue No.2:-
The Opposite parties have received Complaint on 28/03/2018 about the defects and non functioning of the meter No. 512123200090. The Inspection was made on 30/04/2018. The Ops have not uttered a single word why the meter was not attended w.e.f 28/03/2018 till 30/04/2018. It proves the deficiency in service of the Opposite parties. Instead taking steps to make the meter correct, the inspecting team alleged unauthorized use of power. It is nothing but harassment to a Consumer.
The issue is answered accordingly.
Issue No.3:-
For the deficiency in service of the Opposite parties, the Complainant is entitled for relief. Accordingly it is ordered.
O R D E R
The Complaint is allowed on contest against the Opposite parties. The Opposite parties are directed to issue fresh bills to the Complainant for the disputed period basing on the monthly Consumption of power for six months earlier to inspection and for the deficiency in service the Opposite parties are to pay Compensation of Rs.20,000/-(Rupees twenty thousand) only and litigation expenses of Rs.5000/-(Rupees five thousand) only to the Complainant. The fresh bills to be given by the Opposite parties within one month of this Order. In case of non compliance the Compensation amount will carry 12% interest P.A. W.e.f. 28/03/2018 till realization.
Order pronounced in open court on this 07th October 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Anju Agarwarl) ( Dr. Ramakanta Satapathy)
M e m b e r (w) P r e s i d e n t.
Uploaded by
Office Assistant,
DCDRC, Bargarh.
