PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 45/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Mahendra Kumar Swain

S/O Murlidhar Swain                       

R/O Hirakud Panitanki Pada

Po/PS/- Hirakud, Sambalpur,Odisha

768016

M No-9938621721                                                                    .……….......Complainant.

Vrs.

1. C.E.O, TPWODL

At/Po:- Burla, Ps:- Burla,

Sambalpur-768017

2. Executive Engineer TPWODL,

TPWODL, Hirakud Division

Hirakud, Sambalpur,-768016

3. Sub divisional Officer, TPWODL

TPWODL, Hirakud,

Sambalpur -768016                                                         ...……….Opp. Parties

Counsels:-

1. For the Complainant          :-      Sri. R.Gupta Adv. & Associates
2. For the O.P.s                        :-      Sri. S.K. Nanda & Mrs. P. Gupta

Date of Filing:03.04.2023,Date of Hearing :24.07.2023,Date of Judgement : 25.09.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the complainant is a regular consumer of the O.Ps having consumer No. 14118005110. The Complainant purchased a house at Hirakud in December 2020 from Ratnakar Gual and paying holding tax regularly. The Complainant after purchase applied for transfer of power connection and paid security deposit of Rs. 508/- vide receipt No. 1321025 and another receipt of Rs. 905/- for arrear dues. The Complainant applied for new meter and transfer of connection. After 7 days new meter was installed. On 08.02.2023 he got a bill of Rs. 40,240/- from the O.Ps. Previously the Complainant had an arrear of Rs. 15,828/- till Nov 2022 and consumption amount Rs. 456.86 for the period 30.10.2022 to 07.12.2022. The Complainant visited the O.Ps 5 to 6 times to know the reason but the O.Ps remained aloof. The O.Ps have supplied false and fabricated bills, harassed and threatened to disconnect the power supply which is unfair trade practice.
2. The O.Ps in their reply through O.P. No.3 submitted that the case covers a billing dispute. The complaint relates to consumer No. 4118-3208-0186 of one Mahendra Kumar Swain of Pattanaik pada, Hirakud with permitted load of 1Kw under Lt/Domestic Connection with meter serial WUS30191. Supply extended since 21.04.2017 and outstanding lying Rs. 38,440/- in April 2023. The meter No. WVS30191 became defective in Sept. 2018 for which provisional bills issued from Sept. 2018 to Feb 2021 with an average of 108 units/months. Thereafter meter replaced by new meter No. LW165366 in March 2021. Thereafter actual bills have been given.

The bills for March 2019 to Feb 2021 revised as per Regulation 155 OERC Regulation, 2019 and Rs. 23,036/- debited. Bill for Dec. 2022 with arrear was given Rs. 39,724/-. The provisional bill was revised taking average of Six consecutive billing after a new meter is installed. In case a meter becomes defective, the consumer can exercise his option as per Regulation 157. There is no deficiency on the part of the O.Ps.

3. Perused the documents filed by both the parties. The O.Ps have issued money receipt No. SDA 1321025 dated 06.02.2021 for change in ownership and another receipt No. TM 522041100045 for Rs. 905/- in the name of Ratnakar Gual. Sambalpur Muncipal Corporation issued receipt No. 4261 Sl. No. 14 dated 28.01.2021 to-wards service charges paid by the complainant. Bill dated 07.12.2022 issued to the Complainant for Rs. 15,384.13P to-wards arrear and current bill Rs. 456.86P totalling Rs. 15,828.00 In bill dated 08.02.2023 arrear became Rs. 39,724.30 and current bill Rs. 481.20P totalling Rs. 40,420.00. In bill dated 09.03.2023 arrear became Rs. 40,420.90 and current bill Rs. 775.10P totalling Rs. 41,341.00. The Complainant has filed physical verification report No. 118514 dated nil and photo copy of meter reading . The PVR clearly proves the manipulative attitude of the O.Ps.

The O.P. has filed account statement for the period. April 2017 to March 2023 and Revision sheet dated 10.08.2022.

4. After perusal of the Documents and statement of the parties it reveals that from September 2018 to February 2021 provisional bills have been issued against meter No. WUS30191. The load of the consumer is 1KW whereas during May 2021 consumption shown 1012 units June-21-1402 units, Aug. 2021-1791 units, Sept. 2021-1791unit and till March 2023 it increased to 5408 unit. From March-2021 after installation of new meter No. LW 165366 the meter reader not taken bill for six months consecutively. Accordingly, the revision made by the O.Ps are not proper.

The second point of consideration is that the previous owner Ratnakar Gual sold the building in December 2020. In February 2021 the O.Ps have received the amount of Rs. 508/- to-wards ownership charge and Rs. 905/- towards arrear. No doubt during that period provisional bills have been shown. The Complainant sought for new meter and it was installed in March 2021. The bills prior to December 2020 given were consumed by the previous owner Ratnakar Gual. In February the O.Ps took the charges of ownership change but the arrear were reflected in the account of the complainant which is not proper. The O.Ps should have made demand against the previous owner. Accordingly, the bills raised against the Complainant upto the period December 2020 is against the procedures of law and it is not acceptable. Accordingly, the entire arrear shown are waived out against the Complainant.

The O.Ps after installation of the new meter has the authority to revise the bill after December 2020 on the basis of actual reading which is not done, it amounts to deficiency in service. The PVR submitted proves the manipulative attitude of the O.Ps and it is unfair trade practice. This Commission with this observation passes the order as follows:

ORDER

The complaint is allowed against the O.Ps. The O.Ps are directed to calculate the arrears pending against Ratnakar Gual and waive out the amount from the Complainant within one month of this order. The O.Ps are further directed to take actual meter reading for six months and prepare a statement against the Complainant after revision. In the meanwhile the Complainant is directed to pay the regular bills to the O.Ps.

For violation of OERC Regulation, 2019 the O.Ps are to pay compensation of Rs. 30,000/- and litigation expenses of Rs. 10,000/-.

Order pronounced in the open court on 25^th day of Sept. 2023

Supply free copies to the parties.