Orissa

Jagatsinghapur

CC/10/2022

Sasmita Routray - Complainant(s)

Versus

E.E, Electrical TPCODL - Opp.Party(s)

Mr.N.P.Mohanty

17 Aug 2022

ORDER

 

                                         

                                                                                                       JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to revise the penal bill as per actual consumption of the complainant as per meter reading and restore the power supply to the premises of the complainant and be direct the opposite parties to pay compensation and cost of the litigation”.

            The brief fact of the case is that the complainant is a bonafide consumer under the opposite parties since 31.3.2013 and paying the dues to the opposite parties. When the complainant and his family members left the residential house the supply of electric energy has been disconnected and the power supply was restored on dt.29.11.2019. Thereafter the premises of the complainant as per the request was verified by the J.E. on dt.20.8.2020 and submitted his report and also the concerned lineman also submitted his report and village committee submitted their request letter for supply  and the load verification report dtd.20.8.2020 show the consumption of electric energy 319 KW which 0.5 KW. There after the opposite parties supplied the electric dues as per bill issued by the opposite parties and there is no electric due outstanding against the complainant. On 16.7.2021 electric squared verified the premises of the complainant and submitted a report stating there in that the complainant use the electric energy by parallel hooking system and verified the load at 3 KW and the J.E. Electrical issued a demand notice to the complainant demanding payment of Rs.1,21,881/-. The complainant immediately put forth his grievance before the O.P. No.1 as the squad disconnected the power supply to the premises of the complainant on the date of verification by opposite parties has not considered her case and in spite of repeated request has not supplied the electric connection to the premises of the complainant for which the complainant is suffering a lot of difficulties.

            The opposite parties have appeared and filed their written version as stated below;

            The complainant LF billing period and non supply period already revised and a sum of Rs.36,950.15 credited to the complainant account in the month of 10/2000. Outstanding arrear up to 04/2022 is 9,435/- as per ledger. On dt.16.7.2021 the enforcement team TPCODL verify the consumer premises and found that the consumer availing power supply through unauthorized means of parallel hooking with CD 3.0 KW for which the line was disconnected and a sum of Rs.1,21,881/- penal bill made against the complainant and a notice served vide letter No.494 on dtd.17.7.2021 to the complainant. So there is no question arising unfair trade practice by opposite parties and the complainant suffering mental agony.

            Dispute relates to parallel hooking and notice U/s.126 of Electricity Act, 2003, “126 Assessment- (1) If on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used, or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally access to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.

            (2) The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed.

            (3) The person, on whom a notice has been served under subsection(2) shall be entitled to file objections, if any, against the provisional assessment before the assessing officer, who shall, after affording a reasonable opportunity of hearting to such person, pass a final order of assessment within thirty days from the date of service of such order of provisional assessment, of the electricity charges payable by such person.

            (4) Any person served with the order of provisional assessment, may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him.

            (5) If the assessing officer reaches to the conclusion that unauthorized use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorized use of electricity has taken place and it, however, the period during which such unauthorized use of electricity has taken place cannot be ascertained, such period shall be limited to a period of twelve months immediately preceding the date of inspection.

            (6) The assessment under this section shall be made at a rate equal to [twice] the tariff applicable for the relevant category of services specified in sub-section (5).

            Explanation – For the purposes of this section-

1. “assessing officer” means an officer of a State Government or Board or licensee, as the case may be, designated as such by the State Government;
2. “unauthorized use of electricity” means the usage of electricity – (i) by any artificial means; or

(ii) by a means not authorized by the concerned person or authority or licensee; or

(iii) through a tampered meter; or

(iv) for the purpose other than for which the usage of electricity was authorized; or

(v) for the premises or areas other than those for which the supply of electricity was authorized.

The opposite parties as well as complainant has not followed Sec.126 of Electricity Act, 2003 for which we direct the authorities/opposite parties to settle the matter by deducting 25% of the assessment, which normally being deducted by AMC/E.E. and in order to resolve the dispute and close the dispute for all time to come. We dispose the consumer complaint directing that the complainant shall pay the 30% of amount of the deducted amount of Rs.1,21,881/- within a month from the date of receipt of order and rest of the bill is to be paid within six months in installments. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

 

            Pronounced in the open Commission on this 17^th August, 2022.