ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                       JUDGMENT

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

            “Direct the opposite parties to revise penalty paid by complainant and to be paid by complainant to the opposite parties after installation of meter and average of consumption electric units and pay cost of Rs.10,000/- towards penalty for harassment, misbehave and expenditure and Rs.5,000/- towards the cost of mental agony”.

           The brief fact of the case is that, the complainant went to the office of opposite party No.2 on 30.7.2021 to enquire regarding installation of a new meter after verification report and action taken by opposite party No.3 vide Sl. No.58188 on 24.7.2019 inter alia the complainant ask about visit of opposite party No.2 to the premises of complainant on 22.4.2021 and regarding endorsement by son of complainant on blank form of a book. Above facts and circumstances ask about to the opposite parties for two times fine impose on complainant for same defect is illegal and the hole at the top of meter is not proper and use of heater is totally false and fabricated story of opposite parties. And the complainant paid Rs.8,000/- towards a fine of first verification report of opposite parties which is illegally impose upon complainant.

            The opposite parties file their version stating as under;

       The premises of consumer was verified on 24.7.2019. During verification, it is found that consumer has tampered the meter unauthorizedly by making a hole on the top of the meter body. Basing on the report, assessment bill raised amounting Rs.7,410.62 and reflected on database in Sept.2019. The last meter reading wise bill served to consumer on existing meter with reading 19892 as on Sept.2019. Thereafter provisional billing continued from Oct.2019 @ 150 units per month. On 22.4.2021 Enforcement team of TPCODL verified the premises as a routine check. This time connected load found 2187 watt. On that day meter reading recorded 25578. Basing on the reports, findings and going through records, Assessing Officer assessed under section of 126 of E.A., 2003 as the meter was on same tampered condition. Provisional assessment bill with show cause reply vide letter No.310 dt.05.5.2021 amount to Rs.35,667/-.

          In this case complainant has been noticed U/s.126 of Electricity Act, 2003 for which this Commission lacks jurisdiction to entertain the application. However on our suggestion the opposite parties have agreed to reduce 30% of the bill. Accordingly the consumer complaint is disposed that the opposite parties shall take the bill deducting 30% of the pending bills in two installments within three months. With the aforesaid observation and direction the consumer complaint is dispose of without any cost.