MR. NAYANANANDA DASH,MEMBER -
Deficiency in Service in respect of serving illegal and arbitrary energy bills, and threat of disconnection of power supply are the allegation arrayed against Ops.
2. As per the Complaint, it is alleged that, Complainant is a domestic category of consumer under Ops bearing No. 01174740 with a contact demand of 1K.W. and complainant was paying monthly energy dues regularly as per the meter reading, an amount of Rs. 1959/- is pending upto dt. 29.05.2016 as arrear dues of the Complainant. It is also alleged that, in the month of June, 2016, Ops served a monthly energy bill amounting of Rs. 22,964.42p. which according to complainant is illegal and arbitrary. Complainant requested many a times to the Ops to rectify the illegal arbitrary amount, where the Ops have illegally calculated the load factor on 2 K.W. basis instead of existing contact load 1 K.W. It is further stated that, Ops without rectifying the energy bills, threatening to disconnected the power supply on non-payment of arrear dues, which according to complainant is deficiency in service and preys this Forum, seeking a direction to Ops for rectification of energy bills and to pay Rs. 20,000/- as compensation for mental agony.
3. Being noticed Ops appeared through Ld. Counsel Mr. P.K.Samal and filed written statement into the dispute challenging the maintainability of the complaint, as the adjunction of the dispute is a bar U/S 126, 145,174 & 175 of India Electricity Act, 2003 and also by citing the decision of Honbl’e Apex Court on case of U.P. Power Corporation & others vrs. Anis Ahmed reported on O.L.R. 2014(1) SC-68. In the written statement, Ops averred that Complainant is a domestic category of consumer under Ops bearing No. 0117470 and on physical verification conducted by CESU, authorities on dt. 19/5/2016 detected that Complainant is availing power supply by parallel hooking from nearby LT Line with the help of 4 M.M. service wire and Complainant committed theft of energy. Accordingly the Assessing Officer in exercise of power conferred U/S-126 of I.E. Act, 2003 assessed a penal amount of Rs. 19,844/- by converting the existing contact load from 1 K.W. to 2 K.W. The PVR and provisional assessment order are filed in to the case as Annexure A & B. It is also averred that, if any objection is not filed within seven(7) days of provisional assessment, the provisional assessment amount will be treated as final. The arrear outstandings of the Complainant upto July-2017 remains as Rs. 34,450/-. It is further averred that, as the complaint is based on unauthorized use of power supply, this Forum has now power to adjudicate U/S 174 & 175 of I.E.Act-2003, further the Ops have not committed any deficiency in service and has acted on accordance with law, and the complaint is a false, frivolous one which is to be dismissed with cost.
4. Heard, the arguments advanced by Ld. Counsels for the parties, perused the documents filed into the dispute. Complainant to substantiate his case filed documents as per the list, which includes attested photocopies of money receipts, monthly energy bills and consumer billing statement. Ops filed Annexture-A & B, the attested photocopies of PVR (Physical verification report) and the provisional Assessment order. The admitted facts of the dispute are that complainant is a domestic category of consumer under Ops bearing No. 01174740 with a contact demand of 1 K.W. and it is also admitted that amount of Rs. 19,8941/- had been imposed and reflected on the monthly energy bill of May-2016.
The written statement and Annextures filed by Ops, it appears that the dispute in hand relates to ‘theft of energy’ or ‘suspected theft of energy’ and imposition of penal amount are prepared under section of I.E.Act, 2003, and the case laws citied in the allegations prohibits the Forum to adjudicate the dispute U/S 145 of I.E.Act-2003. But on the allegation on deficiency is service, it is submitted by Ld. Counsel for the Complainant during course of argument that, he came to know about the physical verification, provisional assessment and imposition of penal amount of Rs. 19,844/- just during pending of the present proceeding, no communication/intimation has been given regarding such allegations, if the provisional assessment order duly served on the complainant-consumer, Complainant could have filed protest/objection before the assessing officer. On the other hand the plea of the complainant is not resisted by the Ops any way on furnishing the information, where by the Complainant lost an opportunity/scope provided to a consumer under the I.E.Act-2003. In this context, we are of the opinion that regarding ‘theft of energy’ no opinion is expressed and complainant should raise the issue before the appropriate authority for redressal of his grievance. But so far the imposition of penal amount, filing of objection to the provisional assessment order and conversing the provisional order into final assessment order, we felt that opportunity is to be given to complainant to file the objection before the assessing officer, which he has lost to protect himself and a legitmate right of the consumer and on filing of the objection, the Ops should consider the objection in accordance with law. During pending of the proceeding a Misc case bearing No. 21/17 was filed for restoration of power supply, considering the ex-parte submissions, this Forum directed the Ops to restore the power supply on payment of Rs. 5000/- and the amount deposited is subject to adjustment of the final hearing of the case. As the Ops did not files any objection in the prescribed period, the Misc case was dropped, with a direction to Ops not to take any coercive action against complainant. In the course of adjudication, complainant-consumer intimated that as per the order of the Forum, he has deposited Rs. 5000/- before Ops, hence in our view, if the amount is deposited, same to be adjusted in the monthly energy bill of the complainant.
Having observations reflected above, it is directed that complainant-consumer will submit an application before the Assessing Officer through Op No.2 for consideration of provisional Assessment order dtd. 20/5/2016 within 7 days of receipt of this order, and Ops shall consider the Application of the Complainant-consumer within one month of receipts of the application as per the provisions. If the complainant is not satisfied, he is at liberty to approach the appropriate authority established under the law. Till consideration of the application, Ops are here by restrained to take any coercive action against the Complainant.
Complainant is allowed in part without any cost on contest.
Pronounced in the open Court, this the 12th day of February, 2018.
I, agree I,agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
