ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties not to disconnect power supply, pay compensation Rs.50,000/- towards mental agony, Rs.30,000/- towards financial loss and to affix a parallel meter in the premises of the complainant to ascertain as to whether the present meter is defective or not as per the OERC guidelines”.
The brief fact of the case is that the complainant is a resident of village Ohala which comes under jurisdiction of this Commission. The complainant namely Samarendra Mahapatra is a consumer and having consumer No.80024927370 under TPCODL and regularly paid electric bill regularly to the opposite parties. The complainant has not used any ultramodern electric equipments in his house he used simply seven CFL bulbs, four fans, fridge and a motor in his house and the connection load is 1.5 KW. The meter is installed by the Opposite parties and in all electric bill meter status mentioned as “OK”. On 17.3.2022 opposite party No.2 Arun Kumar Sahoo with his team entered into the premises of the complainant and verify the installed meter and unsealed the meter and found no technical defect while leaving the premises of the complainant without sealing the same for which complainant requested them to seal the meter as before but they told that within one or two days the sealing personnel will come and seal the meter. Then the complainant got a telephone call from the opposite parties to pay Rs.7,000/- towards penalty otherwise the electric connection will disconnect
When the complainant asked about the fine over phone on 25.5.2022 the op told him regarding more consumption of electric bill the complainant also requested to install another parallel meter so that actual consumption can be calculated rather the op caller threatened him to pay Rs.7,000/- fine or else the service connection will be disconnected, hence this consumer complaint.
The complainant submitted following document in favour of his case;
- Letter dated 7.03.2022.
- Electric bill for the month of 16.1.2022, 13.2.2022, 15.03.2022, 18.04.2022, 17.06.2022, 15.09.2022 and 16.10.2022
Notice was issued to opposite party on 11.07.2022 and the opposite party gave their written version on 15.09.2022 and mentioned that the complainant is regular payer of the electricity dues and his meter status is OK condition and availing power supply 1.5kw load. During routine official work Enforcement Team verified the premises of Samarendra Mohaopatra and found that the body seal is tampered condition (out from the middle). As the body seal is tampered, the consumer has all the access to the internal mechanism of the meter. Hence meter has been declared tampered & so there is no need of sealing it further.
It is no doubt that complainant is a regular electric bill payer to the opposite parties. The Physical verification report which was submitted by op that in the column signature of consumer remark as “refuse to sign” so it is not clear that whether actual PV was done or not as in the petition of consumer there is no PV at all. It is also an astonishing factor that opposite parties mentioned in their written version that “there is no need of sealing it further”. If meter is tampered then the opposite party should install a new meter with seal but it was not installed till today rather bill was collected from the old meter and meter status is also mentioned as “OK” and the bill was on actual basis as it shown on 16.10,2022.
Since the meter is OK and good condition and the complainant is paying the bills as per meter reading and imposing fine is illegal, arbitrary, whimsical and negligence of opposite parties which create deficiency of service on the part of the opposite parties for which we quash the notice/enhanced bill imposing arrear of Rs.7,071/- and direct the opposite parties not to disconnect the electric line to the complainant and issue correct bill in favour of the complainant. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.
Pronounced in the open Commission on this 3rd Feb.,2023.
