Orissa

Cuttak

CC/57/2015

Sibanath Samal - Complainant(s)

Versus

Electrical Engineer( Electrical) - Opp.Party(s)

A K Samal

24 Nov 2017

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.57/2015

 

Sibanath Samal,

At:Brahmanajharilo,PO:Raipur,

Via:Phulnakhara,Dist:Cuttack.                                                    .… Complainant.

 

Vrs.

1.        Executive Engineer(Electrical),CESU,

Electrical Division,Cuttack,At/PO/Dist:Cuttack.

 

2.        Sub-Divisional Officer(Elect.),CESU,,

Elecltrical Sub-Division,Gopalpur,

At/PO:Gopalpur,Dist:Cuttack.

 

3.         Divisional Manager,

M/s. Riverside Utilities (P) Ltd.,

Plot No.370/373,1^st Floor,N.H-5,

Rudrapur,Bhubaneswar                                                               … Opp. Parties.

 

Present:               Sri Dhruba Charan Barik,President.

Sri Bichitrananda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    29.05.2015

Date of Order:  24.11.2017

 

For the complainant  :    Mr. Ashwin Kumar Sahoo,Adv. & Associates.

For the O.Ps.                :   Mr. U.N.Sahoo,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Hon’ble Forum against the O.Ps for Redressal of his grievances under the C.P.Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service provided and unfair trade practice adopted by O.P.

1. The case of the complainant in brief is that he is a consumer under the Licensee having Consumer No.03227361 with connect load of 1 Kw. under the GPS category.  From the date of availing power supply the complainant is regularly paying the energy charges.  The bill for the month of June,2013 dt.16.12.13 issued by the Licensee in favour of the complainant where the connect load was shown as 1 Kw. and current bill amount was shown as Rs.1308.37p.(Copy of the said bill attached as Annexure-1).  Similarly the bill dt.16.1.14 issued by the Licensee for the month of December,2013 where the connect load is shown as 1 Kw. and current bill amount Rs.1123.80.(copy attached as Annexure-2).  While matter stood thus, the O.Ps issued the bill for the month of September,2014 in bill dt.15.09.14 where indicated C.D. 4 Kw. and status-OK and bill under the provisional and similarly the bill issued for the month of October,2014 where indicated the connect load 4 Kw. status-O.K and basis of bill provisional and complainant paid the bill amount.(copy of the bills and payment receipts attached as Annexure-3 series).
2. The O.P issued notice dt.13.12.14 for hearing of the provisional assessment order No.RUPL/EF/0914 dt.11.12.14 where they have provisionally assessed an amount of Rs.2,13,679.34p and fixed the date for hearing on 1.1.15.  Prior to receipt of the notice no provisional assessment order, verification report or calculation sheet received by the complainant.  So he went to the office of the O.P No.3 on 10.01.2015 and denied the allegation made by the said O.P and requested to waive the said provisional assessed amount.  The O.P No.3 taken the signature of the complainant on 15.01.2015 regarding his presence at the time of hearing on blank paper.  After one month, the O.Ps demanded an amount of Rs.1,12,000/- from the complainant towards provisional assessment amount and on 13.2.15 they disconnected the power supply from the premises of the complainant without giving any notice.
3. The complainant further stated that the O.Ps alleging excess load of 7 Kw.  but the earlier inspection has been made by the Licensee where the connect load was shown as 4 Kw. and according to the said load bill was generated and the complainant paid the bill amount.  So the enhancement of load from 4 Kw. to 7 Kw. without any basis, so it cannot be accepted.
4. The O.Ps issued the bill for the month of Octovber,2010 indicating the serial number of meter as 110010898 but actually meter has not been installed for which bill was issued on average basis.  The allegation by the O.Ps regarding no meter which is not latches and lapses on the part of complainant.  As such the provisional assessment made by the O.Ps is illegal.
5. The complainant further alleged that the O.Ps have violated the provisions of Sec-126 of Indian Electricity Act where it is said that (1) if in 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 using electricity unauthorizedly, the assessment shall be made for the entire period.  But without following due procedure of law, the O.Ps have disconnected the power supply.  The complainant has prayed for declaring verification report and the demanded amount of Rs.1,12,000/- as illegal and for a direction to pay compensation of Rs.50,000/- towards mental agony and Rs.10,000/- as litigation cost.
6. The O.Ps 1 & 2 appeared and filed their written version denying the allegations made by the complainant.  The case of the O.Ps is that the power supply was given to the premises of the complainant with installation of meter.  During routine inspection at the premises of the complainant on 10.12.14 and accordingly process has been followed Under Sec-126 of Indian Electricity Act.  The O.P No.3 is to clarify and answerable to all the material questions raised by the complainant.  The O.ps also filed a petition praying to dismiss the case and to advise the complainant to prefer appeal before the appropriate Forum as per the provisions of Section (127) of the Indian Electricity Act.
7. O.P No.3 vide their written version dt.04.05.2016 has intimated that the complainant is a consumer vide consumer No.   with 1 KWCD GPS category.  The MRT Team inspected the premises of the complainant on 10^th December,2014 and it was found that the complainant was using the electricity by hooking.  Provisional Assessment was made after such inspection U/S-126(2) of Electricity Act 2003 for Rs.2,13,679.34.  The complainant came to the office of O.P.3 and gave his opinion.  The final assessment was made taking 3.87 Kw. as consumption instead of 7 Kw. and was for Rs.1,12,011.80p to which the complainant agreed to pay.  He has already paid Rs.35,000/- on 07.01.2016.  O.P No.3 has also stated that since it is a case under Section 126 of Electricity Act and the Hon’ble Supreme Court has held that “complainant against the assessment made by assessing officer U/S 126 or against the offences committed U/S-135 to 140 of the Electricity Act,2003, is not maintainable before a Consumer Forum”
8. We have observed that the complainant was a consumer of electricity vide consumer No.03227361 with 1 KWCD GSP category on 10.12.2014 he was found using the electricity by hooking.  Assessment was made against him for Rs.2,13,679.34 for which was reduced to Rs.1,12,011.80p and the consumer was finally assessed at 3.7 Kw.  The consumer instead of moving to the Appellate Authority/ any other court of law has paid a sum of Rs.35,000/- on 07.01.2016 which indicates that the complainant has accepted the final assessment order which was based Under Sec-126(2) of Electricity Act,2003.  The Hon’ble Supreme Court of India vide Civil Appeal No.5466 of 2012 has held that “A” complaint “ against the assessment made by assessing officer U/S-126 or against the offences committed U/S-135 to 140 of the Electricity Aft,2003 is not maintainable before a Consumer Forum”.

 

 

ORDER

Basing on the facts and circumstances as stated above, we have observed that this complaint is coming U/S-126 of Electricity Act,2003 hence it is not maintainable by this Hon’ble Forum.  Thus the case is dismissed.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 24^th   day of November,2017  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                         Member (W)                                                                                                                                                                                                                                                                                                                                                               (Sri D.C.Barik)

                                                                                                           President.

                                                                                                   (Sri B.N.Tripathy )

                                                                                                           Member