SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Deficiency in service e in respect of non-rectification and imposition of arbitrary energy billings  are the allegations arrayed against the Opp.Parties.

2.                  Complaint,  in brief reveals that complainant ‘s deceased mother namely Sita Rout was a domestic category of consumer under Ops bearing Consumer No.01256026. Complaint petition reveals that in the month of February,2013 Ops submitted an excess energy bill to the tune of Rs.58,738.46 and complainant has paid Rs.15,000/- on dtd.22.10.14, Rs.200/- on dtd. 28.02.15 and Rs.15,000/- on dtd.31.03.2015. In the meantime complainant object the billing of the month of February,2013 as high and excess and request the Ops for rectification, without rectifying the energy billings OPs submitted an excess billing in the month of February,2015 and March,2015 alongwith a threat of disconnection of power supply. Hence, the complaint wherein it is prayed that a direction may be given to Ops to rectify the energy bills and not to disconnect the power supply from the premises of the complainant.

3.               Being noticed Ops appeared through their Ld. Counsel Mr. R.K.Samal and Associates filed written statement into the dispute denying the allegations of the complainant and submitting the facts, it is stated that complainant’s mother  Sita Rout was availing power supply as domestic category of consumer and she was not paying her monthly dues regularly and becomes a defaulter to the tune of Rs.56,539.16 upto October,2014. It is averred in the written version that on physical verification of the complainant’s premises it is found that the meter was tampered by making a hole on the upper side of meter and the approved connected load of the house was increased from 3.5 KW to 4.5 KW and after provisional assessment penal bill was served to the tune of Rs.75,247/- and complainant without any objection deposited Rs.15,300/- against provisional penal which turned into final assessment and the amount was debited from the monthly bill of November,2014. It is also averred that  the death of consumer Sita Rout has not been informed to the Ops and there is no error in preparation of energy bill, it is prepared in accordance with the rules and regulations of Ops. It is further averred that the allegation raised by the complainant can not be adjudicated by this forum. The complaint is devoid of any merit  and is liable to be dismissed with cost.

 4.             Heard the Ld. Counsel for Ops and the case of the complainant on merit, perused the documents, citations filed into the dispute. It is an admitted fact that complainant’s mother Sita Rout was a domestic category of consumer under Ops bearing Consumer No.01256026 and is enjoying power supply from the Ops. Complainant alleges that after death of his mother Sita Rout though he has paid the energy charges on different dates, but Ops are serving illegal and erroneous billing without rectifying the same. In support of his claim complainant filed Xerox copies of energy bills and money receipts. Countering the allegation Ops plea are that complainant is regular defaulter in respect of his allotted consumer Number and Rs.56,539.16 was pending on the complainant till October,2014. According to Ops it is a fact that on physical verification of the complainant’s premises it was found that meter has been tampered and approved connected load was enhanced from 3.5 KW to 4.5 KW. As per the physical verification report and provisional assessment turned into  final assessment to the tune of Rs.75,427/-. Complainant has paid part thereof i.e. Rs.15,300/-.  Ops also cited a decision of the Hon’ble State CDR Commission,odisha,reported in 97(2004) CLT 14(OSC) in case of Parbati-Vrs-J.E.Kandap;ur and Others,where the Hon’ble Lordship has opined that “ in case of tampering of  meter and penal billing, matter to be raised before Designated Authority”.    In the present dispute Ops filed attested Xerox copy of physical verification report dtd. 27.10.14 provisional assessment letter dtd. 25.10.14. In the facts and position of law discussed above, the present dispute relates to tampering of meter which comes under the provisions of Sec.126 of Indian Electricity act,2003 which debarred the consumer Forum to adjudicate the dispute and the dispute to be raised before Designated Authority U/S-127 of I.E.Act,2003.

                     Having observations reflected above the complaint bears no merit and is dismissed. If the complainant desires to raise his grievance before the competent authority, time limit is not bar for filing the complaint before the Designated Authority.

                    Accordingly, the complaint is dismissed on merit.

                           No order as to cost.

                        Pronounced in the open Court, this the 3rd day of May,2016.