MR. BIBEKANANDA DAS, MEMBER:-
The C.C. Case No. 2/2019 is taken up today for order and pending since 2019. The license has been changed from Enzen to TPCODL but the grievances of the Complainant remain unsolved till today. The Complainant being aggrieved by the illegal action of the Ops, has filed the present C.C.Case. We tried for an amicable settlement between the parties but in vain. Heard the Complainant in person & perused the written version filed by the Ops.
The Complainant is a consumer under the ops since the year 2014 vide his Domestic Consumer No. 02379346 for a connecting load of 1KW and the Complainant was paying the energy charges regularly to the Ops. The Ops which has been changing frequently disconnected power supply to the Complainant’s premises on dt. 26.03.2017 and after receiving an amount of Rs. 6000/- out of the arrear amount reconnected the power supply on dt. 31.03.2017. As per advise of OP No.3, the Complainant replaced the defective meter and installed a new tested meter in July,2017(Xerox copy annexed) and the Ops alongwith their staff suddenly on dt. 30.08.2018 went to the Complainant’s premises for physical verification and gave the false information to the Complainant that the verification is being done for rectification of arrear outstanding and in good faith the Complainant put his signature in the said verification paper. But all of a sudden the OpNo.1 issued a final assessment notice to the Complainant vide No. 978 dt. 21.12.2018 with an amount of Rs. 51,018/-.
We have gone through the case record and documents available on record and it is our considered view that today the corporate licensee do not redressing consumer’s problem as per Electricity Act, 2003. Taking advantage of Sec-126,127,135,145,174 & 175 of Electricity Act, 2003 imposing assessment heavily which are arbitrary and illegal and by such acts the corporate entity collecting huge funds with a profit motive. The business conducted by the Ops are always prejudicing the consumers and affected by illegal assessment of huge value & intentionally hiking load factors. Further the Ops in their written version stated that this DCDRC has no jurisdiction to adjudicate electricity dispute. This Commission whenever gone through the provision of Sec-100 of C.P.Act, 2019 which said “Act not in derogation of any other law”. Provisions of this Act shall be in addition to and not in derogation of the provision of any other law for the time being force. This Commission has power to adjudicate arrear dispute, billing, metering, connection and disconnection issues and have jurisdiction within the district more than the GRF & Ombudsman. This Commission established by the Act of Parliament and a quasi-judicial authority having power to adjudicate issues relating to electrical dispute. Further the service of Ops well defined U/S-2(42) of C.P.Act, 2019 where service includes supply of electrical energy and any deficiency of the Ops. This Commission have jurisdiction to exercise its power within the District for the interest of justice and the Complainant is not liable to pay Rs. 51,018/- &we are deducting the arrear bill upto 60% and rest 40% of arrear amount will be paid by the Complainant within 3(three) months alongwith the current bill in 3(three) equal installments.
O R D E R
It is directed that, the Complainant shall pay 40% of the arrear amount of Rs. 51,018/- i.e, Rs. 20,407/- alongwith the current bill within 3(three) months in 3(three) equal installments from the date of receipt of this order and the Ops further directed that, they shall provide receipt and revise the present bill as per actual consumption accordingly, failing which the Ops shall be liable for execution proceeding under C.P.Act, 2019. The C.C.Case No. 2/2019 is accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Court, on this the 14th day of March,2023.
I agree,
Sd/- Sd/-
PRESIDENT MEMBER
