Orissa

Jajapur

CC/28/2016

Santosh Kumar Behuria. - Complainant(s)

Versus

Authorised Administrative Officer,North Eastern Electricity Supply Co. of Orissa Ltd. - Opp.Party(s)

Suvransu Sekhar Mohanty

30 Jan 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.                         

                                                    Dated the 30 th day of January,2017.

                                                      C.C.Case No.28 of 2016

Santosh Ku.Behuria  S/OLate Jagannath Behuria

At/Keruna , P.O. Mangalpur

Dist.-Jajpur.                                                                                                 …… ……....Complainant .                                                                      

                   (Versus)

1.Authorised Adminstrative Officer,North Eastern Electricity Supply Co.of Orissa

    Januganj, Baleswar .

2.Executive Engineer,J.T.E.D,Jajpur,At/P.O/P.S/Dt.Jajpur .

3.S.D.O,Electrical Division ,Binjharpur, At/P.O. Binjharpur

Dt.Jajpur.

                                                                                                                       ……………..Opp.Parties.                  

For the Complainant:                           Sri S.S. Mohanty, Advocate.

For the OPP.Parties :                            Self.

                                                                                                     Date of order: 30.01.2017.

SHRI JIBAN BALLAV DAS , PRESIDENT.                                                                    

                        The petitioner has filed the present dispute alleging deficiency in service on the part of the O.Ps .

                        The facts  relevant for the present dispute as per complaint petition  shortly are that the petitioner is a domestic consumer under the O.Ps bearing  consumer No.BR655D. The petitioner was paying the electric charges  regularly having no arrear electricity dues .

                        In the mean time in the month of August’2015 ,the petitioner received a  unexpected bill having the amount of Rs.17,594/- served by the O.Ps. with a direction to pay the bill amount immediately for which the petitioner became astonished since the amount relates to the period of the defective meter reading. Thereafter the petitioner approached several times about his grievance to the O.Ps. for correction of his inflated electricity bill. But the O.Ps did not respond to the grievance of the petitioner . On the other hand the O.Ps threatened the petitioner if he did not clear up the outstanding arrear dues in stipulated time the Department will take action against him and power supply may be disconnected from the premises of the petitioner .

                        Accordingly finding no other way the petitioner filed the present dispute with the prayer to direct the O.Ps for correction of the excess arrear electricity bill which arises by the defective meter .

                        After appearance the O.Ps.  filed their written version but was absent  on the date of hearing. Hence the O.Ps have been set-expartee vide order dt.25.01.15 .

                        In the written version the O.Ps have taken the following  stand:

The complainant is a domestic consumer under Binjharpur-11 Electrical Section and  having  his consumer No.BR655D with a C.D of 1K.W. The  meter bearing SL no.ORBB2153 was installed in the month of  March-April,2009 and the bill was served to him on monthly basis and the consumer was also paying the electricity bill by availing monthly rebate with actual meter reading . The claim of the petitioner was purely false and fabricated only because the old meter bearing SL.No.ORBB2153 was OK till August,15 billing and after that the meter was defective during the billing period September,15.

                        That due to non-functioning  of old meter ,one new meter bearing SL no.NCG14852 was installed during December,15 and the billing is being done on actual meter reading from the date of installation of new meter .

                        In view of the above, it is proved that the petitioner has either not understood the matter or knowingly avoided  to pay the actual electricity dues by making false and fabricated complaint. For the reason stated above necessary order may please be given to the petitioner to make payment of his arrear electricity dues.

                        In view of the above pleadings of  both the parties we perused the record along with the documents and ledger copy filed from the side of the O.Ps. as well as inclined to  dispose of the dispute as per our observations below:-

                        Admittedly the petitioner is a regular consumer under the O.Ps who is availing  monthly rebate to pay  the monthly electricity dues in time.  It is clearly reflected in the ledger copy  that there is marginal arrear of Rs.358.96 shown against the petitioner up to May-2015 . But the bill of June-2015 a huge arrear of Rs. 11,982/- has been  added in the ledger copy showing consumption 2214 unit.  Thereafter  for the month of July to November,2015 the bill was prepared with load factor basis.  In the month of December,2015 the O.Ps. changed  the old meter  and installed a new meter and prepared  the bill as per meter reading. It is pertinent to mention here  that we verified the entire ledger copy filed by the O.P. and after verification we did not find any jusitifiction regarding 2214 units electricity consumption of the petitioner in the month of June-2015 even if in the other months the petitioner’s electricity consumption does not exceed more than 150 units. Further more it is also not understood under what circumstances the O.Ps changed the old meter in the month of December-2015 . In view of the above factual aspect , we hold that the old meter which installed in the premises of the petitioner as it was  defective in the month of June-2015 for which was replaced the O.Ps  replaced the meter in the month of December -2015 and assessed on average /load factor basis of electricity dues which is contrary to regulation -86 and 93(8) of OERC Code-2004,and the O.Ps intentionally  has harassed  an  honest consumer who pays  the energy dues regularly.

Hence this order :-

                        In the net result the dispute is allowed against the O.Ps. . The O.Ps. are directed to revise the petitioner electricity dues from June-2015 after taking the average meter reading  from the newly installed meter No.KNCG1485 from December-2015  as per Section-97 of OERC Code -2004 within one month after receipt of this order, failing which the O.Ps. liable to pay Rs.5,000/-(Five thousand) as compensation to the complainant . No cost.                        

This order is pronounced in the open Forum on this the 30th day of January,2017. under my hand and seal of the Forum.