Orissa

Cuttak

CC/94/2023

Kedarnath Samal - Complainant(s)

Versus

Branch Manager,TPCODL - Opp.Party(s)

B Tripathy & associates

15 Apr 2024

ORDER

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

C.C.No.94/2023          

 

Kedarnath Samal,

S/o: Suryamani Samal,

Village:Kairapari,P.S:Tangi,

Dist:Cuttack.                                                                   ... Complainant.

 

                                                Vrs.

1.          Branch Manager, TPCODL,

         Bhubaneswar, At:2^nd Floor, Janapath,

         Bhubaneswar-751022.

 

2.          The Chief Electrical Engineer,TPCODL,

         Cuttack,At:Bajrakabati Road,

         Cuttack-753001.

 

3.          The S.D.O(Electrical),TPCODL,

         Electrical Sub-Division,Choudwar,

         At/P.O/P.S:Choudwar,Dist:Cuttack.

 

4.          Junior Engineer,  TPCODL,

         At/PO/PS:Tangi,Dist:Cuttack.                                        ... Opp. Parties.

 

 

Present:           Sri Debasish Nayak,President.

                                    Sri Sibananda Mohanty,Member.

 

             Date of filing:       28.03.2023

Date of Order:     15.04.2024

 

For the complainant:           Mr. Biswajit Tripathy,Adv. & Associates.

For the O.Ps no.1 & 2:                    None.

For the O.Ps no.3 & 4:          Mr. A.K.Nath,Adv. & Associates.

 

Sri Sibananda Mohanty,Member.

          Case of the complainant in short is that he is a consumer of O.P having consumer no.04008112 for his agriculture and residential purpose.  It is stated by the complainant that on 5.3.2021 due to lightning, his electricity service connection was damaged for which he approached the O.P no.4 on 7.3.2021 for necessary repairing of his service line but the damage could not be rectified by the O.Ps.  However it is stated by him that the service line was repaired on 31.3.2021.  It is further stated by the complainant that on the same day i.e. on 31.3.2021, the O.Ps found that there was no manipulation  of the meter  nor any tampering was made by the complainant but they issued a show cause notice demanding electricity dues a sum of Rs.3,41,107/- alleging therein the  unauthorized use of electricity.  Thereafter, the complainant had approached the O.Ps no.3 & 4 time and again to settle his electricity dues but they did not take any action.  It is stated by the complainant that after two years of serving show cause notice, i.e. on dt.25.3.2023, the O.P no.4 came with his staff to the premises of the complainant and threatened to disconnect the electricity connection as he had not paid the disputed bill amount.  The complainant has stated that due to such actions of the O.Ps, he has  suffered mentally.  Hence, he has filed the present case with a prayer for direction to the O.Ps to award him a sum of Rs.5,00,000/- towards compensation for his mental agony and harassment caused by the O.Ps as well as has prayed for a direction to the O.Ps  not to disconnect the electricity connection from his house.

          Alongwith his complaint petition, the complainant has filed copies of some documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps no.1 & 2 were set exparte.  However, O.Ps no.3 & 4 have contested this case and have filed their written version jointly.  According to them the complaint as filed by the complainant is liable to be dismissed and the complainant is not entitled to any relief as the complainant has suppressed the material facts and misrepresented the facts before this Commission.  It is stated by them that on 31.3.21, the Enforcement Team verified the premises of the complainant and found that the complainant tampered the meter by removing connection from the meter and making it direct.  It is further stated that the complainant actually had taken a domestic tariff but he was using GPS tariff for running a hotel namely “Shradha” and misusing the electricity by tampering the meter.  Hence, the provisional assessment was done U/S-135 of the Electricity Act by the Assessing Officer,S.D.O,(Electrical),Choudwar.  It is further stated by them that the complainant is actually using 9 kw. as a GPS tariff and as per the assessment, a sum of Rs.3,40,107/- was demanded in the show cause notice dt.31.3.21.  It is stated by the O.Ps that the complainant failed to appear on hearing date before the Assessing Officer on 8.4.21, the date fixed in the show cause notice as well as  did not reply to the  show cause notice.  Finally, the assessment was made as per U/S-126 of the Electricity Act,2003 by the Assessing Officer.  The aforesaid assessed amount was debited to the electricity bill of the complainant in the month of May,2021.  The complainant only has paid a sum of Rs.1,00,000/- on 31.3.23 but he has not paid rest dues.  It is also stated by the O.Ps that as per the Electricity Act, he may have approached the Appellate Authority U/S-127 of the Electricity Act,2003 against the assessment order for redressal of his grievance but he has not done so.  In toto the answering O.Ps  has prayed for dismissal of the case.

3.       Keeping in mind the averments as made in the complaint petition and the contents of the written version of the O.Ps no.3 & 4, 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 him?

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.

          The complainant admitted the fact that he was issued a show cause notice on 31.3.21 towards the un-authorised use of the electricity energy but surprisingly he has taken a plea that he had not tampered the meter.  The O.Ps no.3 & 4 have filed a verification report which reveals that the complainant refused to sign in the said report at the relevant time.  The said verification report reveals that the complainant had taken a domestic tariff but he was using GPS tariff for running a hotel namely “Shradha” as well as he was misusing the electric energy by tampering the meter.  As such, the O.Ps had issued show cause notice to the complainant U/S-126(3 & 4) of the Electricity Act for unauthorised use of electricity energy.  At this juncture, it is pertinent to refer a decision of the Hon’ble Apex Court in the case of Uttar Pradesh Power Corporation Ltd. & Ors. Vs. Anis Ahmed, reported in (2013) 8 SCC,491 wherein it is held that a “complaint” against the assessment made by the Assessing Officer U/S-126 or against the offence committed U/S-135 to 140 of the Electricity Act,2003 is not maintainable before a Consumer Forum”.

          In view of the above judgment of the Hon’ble Supreme Court as well as the observation made above, the present case is not maintainable before this Commission.  Hence, it is liable to be dismissed.

Issues no.ii & iii.

          From the discussions as made above, further discussion on the other issues is not necessary here in this case.  Hence it is so ordered;

                                                          ORDER

          The case is dismissed on contest against O.Ps no.3 & 4 and  exparte against O.Ps no.1 & 2  and as regards to the facts and circumstances of the case without any cost.

          Order pronounced in the open court on the 15^th day of April,2024 under the seal and signature of this Commission.         

         

                                                                                     Sri Sibananda Mohanty

                                                                                             ember

                                                                                        Sri Debasish Nayak

                                                                                              President