Orissa

Jajapur

CC/30/2015

Jagabandhu Roul - Complainant(s)

Versus

Electrical S.D.O,Jajpur - Opp.Party(s)

Rabi Kumar Mohapatra

26 Aug 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                                                                 

        Dated the 26th day of August,2015.

                                        C.C.Case No.30 of 2015

Jagabandhu Roul,S/O Late Mukunda chg. Roul

At. Khandara ,P.O.Mirchandapur,

P.S/ Dist.Jajpur                                                                                                     ……………Complt.

                                        Versus.

1.Electrical,S.D.O,Jajpur,At/P.O/Dist. Jajpur .

2.Junior Engineer, Jajpur ,Electrical, At/P.O/Dist. Jajpur.                                                   

                                                                                                                       ……………..Opp.Parties.                                                                                                                                                                                                                                                                                                                                         

For the Complainant:              Sri  A.K.Prusty, S.Pati, R.K. Mohapatra, Advocates.

For the Opp.Parties                Self.

                                                                                                 Date of order:   26. 08. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                         The petitioner has filed the present dispute alleging deficiency in service on the part of the O.Ps.

                        The fact relevant in the present dispute shortly is that as per complaint petition the petitioner is a consumer under the O.Ps. bearing consumer No.JTR-1651. The petitioner was paying the electrical dues of the O.Ps. regularly as per meter reading.

                        That in the month of February-2015 the petitioner suddenly received a inflated bill from the O.Ps amounting to Rs.17,410/- . Thereafter the petitioner approached the O.Ps. through written application regarding correction of the wrong inflated bill. But the O.Ps. threatened that if the arrear dues not be deposited in time ,the power supply will not be disconnected from the premises of the petitioner

                        Accordingly finding no other way  the petitioner has filed the present dispute  with the prayer to direct the O.Ps. for correction of the inflated electricity bill.

                        After notices the O.Ps. have appeared and filed their written version denying the allegations of the petitioner. In the written version the O.Ps. have taken the following the defence:

                        The petitioner is a consumer of Electricity bearing consumer no.JTR 1651.

 It is false to say that the petitioner suddenly received  bill from Sub-Divisional Officer(Elect) No.1 ,Jajpur Town which has arrears. And it is also false that prior to Feb’15 there is no arrears. If we gone through the ledger copy of the consumer there will be clear that the arrears starts from Feb’13 Direction may please be given to the petitioner to produce the previous bills supplied by the department.

                        There is nothing wrong in the energy bill of the consumer. The bill drawn during Feb’13 to July’13 has been revised as per rule and revisionary effect has been given during April’14 . As far as the Rs.14,984.33 is concerned which was imposed  in the energy bill of the petitioner during May’13 is concerned , it is due to tampering of the meter. The petitioner premises were  verified on 18.06.11 and the energy meter found tampered, as such provisional order vide T.O letter No.1343/18.08.11 was issued to the petitioner. The provisional amount was finalized for Rs.14,984.33.

                        In this contest the prayer of petitioner may please be dismissed as the O.P has revised the energy bill of the consumer Rs.14,984.33 imposed is comes  U/S 126 of Electricity Act,2003 falls beyond the jurisdiction of Hon’ble Forum.          

                        In view of the above pleadings we have perused the record along with documents and ledger copy filed by both the parties in details and inclined to dismiss the dispute as per our observation given below:-

As regards penalty U/S 126 of Indian Electricity Act-2003 as assessed by O.P we are in the considered view that this Fora has no jurisdiction to entertain such claim as per provision of electricity Act-2003. In view of the above observation of Hon’ble Supreme (U.P. Power Corporation Ltd,& others Vrs.Anis Ahamad) 2013(3)CLT-227 (S.C) wherein it is held that:-

“The Consumer Forum can not derive power to adjudicate a dispute in relation to assessment made U/S 126  and offences under section 135 to 140 of the Electricity Act-2003.”

In the conclusion the reason recorded above though we are constrained to hold that this

Fora gets no jurisdiction to decide the dispute as per observations of the Hon’ble Appex Court.                                                                            O R D E R

                   Consequently the dispute is dismissed  and the complainant is at liberty to approach proper Forum/ court in respect of his grievance if he so likes.  No cost.

         This order is pronounced in the open Forum on this the 26th day of August ,2015. under my hand and seal of the Forum.

                                                                                                            

 

(Shri Biraja Prasad Kar )                                                            (Shri Pitabas Mohanty)                                                         

           President.                                                                                        Member.                                                                       

                                                                                     

                                                                          Typed to my dictation & corrected by me

 

                                                                                                                                                             (MissSmitaRay)                                                                               (Shri Pitabas Mohanty )                                                         

     Member.                                                                                              Member.