OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 94 of 2010
Date of Filling : - 20.09.2010.
Date of Order :- 14 .11.2018.
Debadutta Mishra,S/O.Khetrabasi Mishra,
resident of village Panchamahala
P.O/P.S/Dist.Angul.
_________________________Complainant.
Vrs.
01. Central Electricity Supply Utility of Orissa,Registered office
at 2nd Floor,IDCO Tower,Bhubaneswar,represented through its
Manager(Electrical),Angul Electrical Division,
At/P.O/P.S/Dist.Angul.
02.Division Head,Enzen Global Solutions(P) Ltd.,
Angul,Odisha.
_________________________ Opp. parties.
For the complainant :- Sri A.K.Mishra & associates(Advs.).
For the opp.party :- Sri R.P.Pattanaik & associates (Advs).
: J U D G E M E N T :
Sri K.K.Mohanty,Member.
The petitioner has filed this case with prayer to waive out the illegal demand of Rs.69,860.06p made by the opp.party in respect of Consumer No. 708A- 8043 (old) i.e new account No. 01228204 and to give compensation of Rs.5,000.00 towards harassment and mental agony and Rs.5,000.00 for cost of litigation and other reliefs as deemed fit.
2. The petitioner’s case runs thus :-
That, the petitioner is Consumer No. 708-A- 08043 (old) & 01228204 (new) under the opp.parties with domestic tariff category of one K.W connected load.
The petitioner got one bill of Rs.4440.56p (972 units) for the month of March,2010.The opp.party has calculated it on average basis describing the meter status as defective .In addition to that the opp.party has charged Rs.69,860.06p towards arrear dues. On 24.09.2009 the staff of the opp.party had checked the house of the petitioner and prepared a chart on points installed for power consumption and forcibly took his signature on the calculation chart. The opp.party was regularly collecting actual metered electric bills upto February,2010. The opp.party declared that the meter was defective and also calculated the average consumption load and gave a bill of Rs. 69,860.06p which is illegal and arbitrary .So to get relief from such illegality the petitioner has moved this forum.
3. The opp.aprty has contested the case by filing written statement, stating that this case is not maintainable . It is averred that on 24.09.2009 physical verification the petitioner co-operated the employees of opp.party. The employees counted all power supply points of the complainant and calculated in a proforma which is of 4.5K.W connected load. According to them the petitioner was using the same connection for domestic and commercial purpose which has been witnessed by employees of opp.party It is further averred that the meter during physical verification was found broken , tampered and by passed . The petitioner himself signed and admitted to all these issues, relating to meter tampering .So the opp.party has vehemently opposed to granting of any relief to the complainant.
4. This is a very peculiar nature case. The penalty for back 12 months i.e from September,2009 (date of checking) is to be reassessed and the true consumption from October,2009 to February,2015 is to be reassessed as per newly fixed meter reading. The opp.parties have installed a new meter in the house of the consumer and regularly taking the rent w.e.f March,2015. As per OERC provisions/rules the real backward consumption can be reassessed taking in to considerations the average monthly consumption of three months. It is seen that the monthly average consumption from 2015 March to May,2015 is 240units. Therefore, for natural justice, equity and fair play the true consumption for the period from October,2009 to February,2015 ( date of meter installation) should be assessed basing on the average consumption of 3 months i.e 240 units per month .
Further, in August,2009 the opp.parties staff had verified the meter of the consumer and given a bill. Thus, till that month no defect was noticed in the meter. . Despite fitting of electrical points the complainant might not have used all those points. This is a very old case and till date even after lapse of 9 years final assessment has not been made. Thus for greater interest of justice this forum is of the considered view that for ends of justice, equity and fair play the opp.parties should reassess the penalty on the consumer for using defective meter or meter by pass for back 12 months from September,2009.
6. The petitioner’s counsel submitted that due to ignorance the petitioner was using electricity in his outer varendah and selling omfed milk but he has not used it strictly for commercial purpose. The opp.parties counsel also admitted that 20 to 25% of the total consumption can be used for commercial purpose. Therefore, we are of the opinion that instead of charging commercial rent, it will be just and proper to collect penalty on domestic tariff on the assessment dtd. September,2009 of the opp.parties .Further , as per calculation by the opp.parties the consumption is 4.105 KW but they have rounded it as 4.5K.W.The petitioner might not have used all the points fitted in his house. Since the consumption was below 4.250K.W, it is just and proper to round up it as 4 K.W consumption load. Therefore, as per natural justice it will be better , if the penalty assessment will be made considering that at the time of checking the consumption load was 4K.W domestic tariff .The fresh calculation shall be made as per the tariff (rate) prevalent at that time .After the date of checking till new meter is installed ,the monthly charge will be as per monthly average consumption of 3 months i.e around 240 units per month.
It is also noticed from the consumer billing ledger of the opp.parties that the complainant has paid huge amount in between September,2009 to February,2015.So the payments already made should be deducted from the new assessment .
7. Hence ordered :-
: O R D E R :
The opp.parties are directed to make penalty assessment for 12 months from September,2009 backwards on 4 K.W domestic tariff with rate applicable at that time and deduct the rent already received for that period (penalty assessment period). Also the opp.parties are directed to make fresh assessment for the period from October,2009 to February,2015 as per the average units of 3 months i.e 240 units per month. After making the assessment they shall deduct the payments made in between October,2009 to February,2015 and issue a notice within 40(forty) days of getting this order showing actual demand upto February,2015 including the penalty assessment. The complainant shall pay the penalty assessment and pay the arrear amount upto February,2015 along with the penalty assessment as per fresh bill issued by the opp.parties within 30 days of getting the bill.
Order delivered in the open forum today the 14th November,2018 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D. C. Mishra)
Sd/- President.
(Sri K.K.Mohanty )
Member.
Sd/-
(Smt.S.Mallick), Member.
