Orissa

Cuttak

CC/190/2021

Pradeep Jena - Complainant(s)

Versus

CEO,Tata Power Central Odisha Distribution Ltd(TPCODL) - Opp.Party(s)

B K Mohanty & associates

17 Dec 2022

ORDER

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

C.C.No.190/2021

 

Pradeep Jena,

S/O:GuruCharanJena, Managing Partner

Of OmmGurudev ICE Plant-II,located at

Badachana,P.O:Badachana,Dist:Jajpur.                         ... Complainant

 

                                                                Vrs.

1. CEO(Chief Executive Officer),Tata Power

Control Odisha Distribution Limited,

(TPCODL) IDCO Tower,Rupali Square,

                              4^th Floor,Bhubaneswar,Dist-Khurda

 

2. Executive Engineer, TPCODL,

CEO,Cuttack near Settlement Offrice,Jobra,Dist:Cuttack

 

           3.Sub-Division Office,(SDO),TPCODL,

            Badachana,At/Po-Badachana,Dist-Jajpur

 

 

Present:               Sri Debasish Nayak,President.

                          Sri SibanandaMohanty,Member.

 

               Date of filing:     08.11.2018

Date of Order:    17.12.2022

 

For the complainant:           Mr. B.K.Mohanty,Adv. & Associates.

For the O.Ps.             :            Mr.L.Mishra,Adv,.& Associates.

 

Sri Debasish Nayak,President.                                               

The case of the complainant as made out from the complaint petition in short is that the complainant has one Ice Plant on his own plot since from the year 2012 and had taken electrical connection from the O.Ps in order to run the said Ice Plant.  He was regularly paying the energy bills and was never a defaulter.  During the pandemic Covid-19 as there was no requirements of Ice blocks with effect from July,2020 to May,2021, there was no much consumption of electrical energy but still then the O.P no.2 had served a revised bill upon the complainant claiming a sum of Rs.10,31,276/- which included the current bill of Rs.30,936/- and the rebate date was of 14.7.21.  The complainant was also served with a disconnection notice in case if the bill is not paid.  The complainant had then made a grievance petition to the O.Ps and accordingly the O.P no.2 had insisted to pay an amount of Rs.10,31,276/- by serving a demand notice dt.19.7.21 and also had threatened to disconnect the electricity connection.  Ultimately, the O.Ps without paying any heed to the grievance of the complainant had disconnected his electricity connection on 7.8.21 and had insisted for payment of Rs.1,66,723/- prior to restoration of the electricity connection to the plant of the complainant.  The complainant had sustained a loss of Rs.3,00,000/- apart from his mental agony.  Again on 17.8.21 the O.Ps had served a bill claiming an amount of Rs.12,84,999/- including the disputed amount which they wanted the same to be paid by 25.8.21.  Ultimately, the complainant had to approach this Commission praying through his petition to quash and set aside the revised bills dt.9.7.21,18.8.21,8.7.21 and 11.10.21.  He has further claimed a sum of Rs.5,00,000/- as compensation towards his mental agony and another sum of Rs.3,00,000/- towards the loss as sustained by him due to the forcible disconnection of electrical connection by the O.Pson 7.8.21 and further he has claimed a sum of Rs.34,211/- as taken by the O.Ps for restoration of his electricity connection.  The complainant has also sought for any other relief as deemed fit and proper.

          In order to prove his case, the complainant has filed copies of several documents alongwith his complaint petition.

2.       The O.Ps have contested this case and have filed their written version jointly wherein they have stated that the case of the complainant is not maintainable which is liable to be dismissed.  The O.Ps have also raised the question of jurisdiction since because the Ice plant of the complainant is at Badachana area in the District of Jajpur.  According to the O.Ps, the complainant was directed to deposit the current bill amount of Rs.4,66,767.81p.  Initially the complainant had taken power load of 60 kw. In the year 2016 but subsequently as per his request, the said load was enhanced to 95 Kw. and accordingly, an agreement was executed in-between the complainant and the O.P no.2 on 31.5.16.  As per the meter reading, the complainant had to pay the demanded amount and there was no anomaly in the said meter reading since because the meter of the O.Ps as installed in the plant premises of the complainant was found to be OK.  The complainant was given the due rebates but he had not availed the rebates as per the provisions.  Though the complainant said that he had paid the bills in time but he had only paid a sum of Rs.1,66,723/- to O.P no.2 and that to even after several persuasions.  The bill amount of Rs.12,84,999/- was the actual final bill upto the month of July,2021 including the revision bill of the complainant.  Thus, according to the O.Ps, without paying the actual energy dues, the complainant has come up with a false and frivolous case which is liable to be dismissed.

3.    Keeping in mind the averments as made in the complaint petition and the contents of the written version of O.Ps, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable?

ii.         Whether this Commission has jurisdiction to entertain the complaint petition of complainant?

iii.        Whether there was any deficiency in service on the part of the O.Ps?

iv.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues no.II& iii.

Out of the four issues, issues no.ii& iii being the pertinent issues are taken up together first for consideration here in this case.

Admittedly, here in this case the complainant owns an Ice Plant at Badachana and had power supply to it which is under the Executive Engineer,ElectricalDivision,Cuttack.  There is no complain as regards to the defect in the meter reflecting the readings of the energy consumption of the complainant at his Ice Plant located at Badachana.  The bills as served upon the complainant by the O.Ps were thus as per the consumption of electricity in the Ice Plant of the complainant.  The complainant by not paying the same has approached this Commission on various pleas but this Commission. After a thorough probe into the documents and averments as available in the case record, this Commission could come to a conclusion that there is no deficiency noticed on the part of O.Ps here in this case.But territorial jurisdiction as questioned by the O.Ps is erroneous since because the Plantsite is under the control of Executive Engineer,Cuttack Division.  These issues are answered accordingly.

            Issues no.i& iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him.

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 17^th day of December,2022 under the seal and signature of this Commission.   

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                              Sri Sibananda Mohanty

                                                                                 Member