Orissa

Jagatsinghapur

CC/136/2020

Debasish Choudhury - Complainant(s)

Versus

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

Mr.D.N.Acharya

27 Sep 2022

ORDER

                                                                                            JUDGMENT

 

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

            “Direct the opposite parties to adhere the judgment passed by the Hon’ble GRF-JED-147/2008 and waive out all the illegal bills charged against father of the complainant and also pay Rs.50,000/- towards mental agony and cost of litigation”.

            The brief fact of the case is that, initially the electric line was supplied in the name of Sri Purusottam Choudhury (Father of the complainant) bearing consumer No.JSP84572(d) new A/C No.03100269 and electric meter was also supplied by the electric department and the father of complainant was also paying the electric dues as per meter reading. In the last super cyclone 1999, the entire thatched house, so also the mud wall has been destroyed and all the electrical accessories/fittings have been dismantled. After restoration of the electricity in village Kotian so also in the vicinity and since the complainant’s family was settled at Jagatsinghpur and no one was ever staying in village, as no house or any structure ever existed. Despite the above facts, regular electric bills amounting Rs.450/- per month have been served in the name of complainant’s father. For the illegal billing and whether any structure ever exists for the said purpose, the father of complainant requested the opposite party No.3 so also the concerned electrical linemen to cause enquiry. Accordingly opposite party No.3 and lineman enquired and submitted their report stating that no structure ever exist nor any electric line connection also supplied to the premises. Despite the above facts, instead of waiving out the irregular/illegal bills, the electric department regularly served electric bills as per the consumption amounting to Rs.450/- per month and same comes to Rs.97,000/- as arrear outstanding. Since all the requests made by the father of complainant after the verification by the opposite party No.3 with the lineman for waiving out the illegal arrear bills being turned down by the opposite parties, later on he was constrained to file a case before the Grievance Redressal Forum, Paradeep bearing C.C case No.GRF/JED/147/2008. The learned GRF, Paradeep in it’s order dt.29.7.2008 passed order as follows,

            “The opposite party shall waive out all the EC bills of the complainant, raised on load factor basis from 6/1997 and revise the bill accordingly within one month of receipt of this order. The complainant shall pay the billing amount up to 5/1997 amounting to Rs.929.70p after which his consumer-ship shall be discontinued.”

            Thereafter, since the year 2013 the complainant time and again personally met the opposite party No.2 so also the opposite party No.1 agitating the order passed by the learned GRF and make necessary correction of their arbitrary, illegal bills charged but to no effect.

            The opposite parties have filed their reply in misc case stating as under;

            The complainant is a permanent consumer who had been availing power supply bearing consumer No.03100269 under Jagatsinghpur No.II Electrical Section since long. The complainant had filed a misc case No.103/2020 (arising out of C.C. No.136/2020) with a prayer not to disconnect the electricity power supply to his own premises before this Commission. The complainant has complained that the electric bill is wrong and arbitrary. After careful observation of the bill abstract, it came to our notice that the bill has been revised for non supply period from 08/2000 to 05/2013, load factor period from 06/2013 to 07/2013 (one month) & 12/2013 to 08/2014 (9 months) the revised credited amount of Rs.83,382.32 credited to the account of the consumer. The total outstanding arrear of the consumer is Rs.1,01,210.38 up to 10.2020 and the consumer has to pay the rest amount of Rs.17,828.06 within the stipulated period.

            The complainant’s claim is that he has left the village in 1997 and his house was destroyed in supper cyclone of 1999 (29.10.1999). The complainant has not intimated the opposite parties for disconnecting his connection, which goes to show that he requires electricity. It is not at all disputed regarding super cyclone and damage of houses.

            As per section 100 (2) of OERC Act “100 (2) Notwithstanding anything contained herein above, no sum due from any consumer, under this section shall be recoverable after a period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity for non-payment of such sum which has become non-recoverable.”

            The Grievance Redressal Forum, Paradeep GRF/JED/147/2008 has directed as under;

            “The opposite party shall waive out all the EC bills of the complainant, raised on load factor basis from 6/1997 and revise the bill accordingly within one month of receipt of this order. The complainant shall pay the billing amount up to 5/1997 amounting to Rs.929.70p after which his consumer ship shall be discontinued.” The order passed by the GRF has not been challenged and the same has got its final.

            In view of the order passed by the learned GRF and the house of the complainant being damaged in supper cyclone it is presume that there was no electricity but the complainant has paid Rs.2,500/- on 27.5.2013, which goes to show that he was using the electricity and liable to pay the charges and he should have been insisted for installation of meter to prove his bonafide that he is not using electricity. The complainant has paid different amounts in different occasion from 2017 to 2021 amounting Rs.10,807/- as such it is proved that complainant was using electricity from 2013 onwards and he has paid some amounts. The consumer billing statement filed by the opposite parties goes to show that the complainant was availing electricity and a meter was given and he has paid some amount with regular intervals.

            We therefore direct the opposite parties to take the electricity charges as per rules and meter reading from 27.5.2013 onwards and resolved the dispute. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

                       

            Pronounced in the open Commission on this 27^th Sept., 2022.