Sri S.K.Sahoo,President.
This is a petition U/s.12 of C.P.Act, 1986 filed by the complainant.
2. The case of the complainant is that he is a honest consumer , who has been regularly paying the legitimate electricity dues to the company of the opp.parties since the date of power supply to his house which was accepted by the opp.parties without any objection. The initial connected load was 1 K.W and the category was domestic. The bills were issued by the opp.parties as per actual consumption by the complainant . After his retirement from Nalco, the company presented one Air Conditioner to him and the staffs presented one geezer .Both the electrical instruments were not installed at the time of alleged verification by the opp.parties on 09.02.2017 . One mechanical meter installed in the house of the complainant by opp.party No.2 initially. The said meter was subsequently became defective during the year 2004. Since then the monthly bills were issued to the complaint on average consumption of 144 units per month with connected load of 1 K.W. Since then the officers/staffs of the opp.parties regularly visiting the house of the complainant in each month and issued the bill as per actual consumption made by him. He was also paying the bill amount regularly till February, 2022 . Annexure- A is the true copy of the electricity bills and payment particulars. On 09.02.2017 the complainant was absent from his house. Without any prior intimation all of a sudden some persons came to the house of the complainant introduced themself as staff of opp.party No.2 & 3 and wanted to make verification of the premises of the complainant. The wife of the complainant was reluctant but by threatening for disconnection of the electric power supply to the house of the complainant, those persons managed to enter into the house premises of the complainant. After some time they came out and asked the wife of the complainant to sign on some printed blank forms and threatened the wife of the complainant to put her signature . Out of fear of disconnection of electricity supply the wife of the complainant put her signatures on the printed blank forms. On 10.02.2017 the complainant personally met the opp.parties and lodged his complaint with a request to verify the electrical installation properly and for installation of anew meter for installation of a new meter immediately. On 16.02.2017 the opp.parties issued the bill for the month of February, 2017 with average consumption of 144 units and the same day the complainant deposited an amount of Rs. 1000.00 in the office of the opp.parties. On 16.03.2017 again the opp.parties issued an energy bill for the month of March, 2017 with average consumption of 432 units per month by showing the connected load of 4 K.W and the status of the meter is defective one. The said bill was issued without any basis and inspite of protest by the complainant. From March, 2017 to May, 2017 the bills were submitted to the complainant with average consumption of 432 units per month. In the month of March, 2017 the complainant purchased one new Genus Meter and submitted to the opp.parties with meter testing fee of Rs. 100.00. On 21.05.2017 the said meter was installed in the house premises of the petitioner. On 20.06.2017 the energy bill for the month of June, 2017 was issued to the complainant with actual consumption of 117 units. The opp.parties also added an additional amount of Rs. 42,879.46 along with current dues in the energy bill for the month of June, 2017. The said calculation is illegal and arbitrary . The photo copy of the bill dtd. 20.06.2017 for the month of June, 2017 is Annexure-B. On 13.07.2017 the complainant lodged a written complaint before the Manager(Electrical) CESU ,Angul in which he had challenged the illegal verification made by the staffs with a request to withdraw the additional amount of Rs. 42,879.46 .The copy of the said complaint is Annexure- C. On 24.07.2017 the Manager (Electrical ) CESU,Angul by his letter No. 8767 dtd. 24.07.2017 forwarded the written complaint of the complainant to opp.party No.1 for inquiry and taking necessary action. The photocopy of the said letter of Manager (Electrical) CESU ,Angul is Annexure- D. As no action was taken , the complainant on 20.09.2017 again filed a written complaint before the Manager(Electrical) CESU, Angul with the same request as earlier. The photo copy of the said letter is Annexure- E. By letter No. 15198 dtd. 21.09.2017 the Manager(Electrical) CESU, Angul requested to opp.party No.1 for immediate redressal of grievance of the complainant but no action was taken. Annexure- F is the photo copy of the said letter of Manager (Electrical) CESU, Angul. Neither any authorise letter of Odisha Ltd. nor any physical verification report was handed over to the complainant.
As per the notification dtd. 25.01.2013 of IPR Department of Govt. of Odisha and agreement dtd. 31.01.2013 executed by CESU officials and Dist. Administration with the Enzen Kriyanustan Committee , the opp.party No.3 has been debarred to operate in Angul and Dhenkanal Districts. Due to public agitation against opp.party No.3 , the supply, maintenance, supervision , collection and preparation of bills were taken over by CESU by intervention ofthe Dist.Administration. The photo copy of said notification is Annexure-G. Therefore the opp.party No.1 & 3 have no authority to submit the energy bill to the complainant in the month of June, 2017. The Hon'ble High Court of Odisha has also observed that the Enzen Authority has no power to make any physical verification and assessment as per section-126.
The complainant has prayed for necessary direction to the opp.parties not to disconnect the power supply to his house, to declare the physical verification dtd. 09.02.2017 relating to consumer No. 01122732 null and void, to withdrawal the additional amount of Rs. 42,879.46 from the bill of June, 2017, to revise the load factor from the bills for the month of March, 2017 to May, 2017 in respect of the above consumer number , to pay compensation of Rs. 1,00,00.00 ,to pay litigation expenses of Rs. 10,000.00 along with any other reliefs.
3. Notices were served all the opp.parties on 30.01.2019 . Learned counsel Sri S.K.Pattanayak and others appeared on behalf of opp.party No.1. Opp.party No. 2 & 3 neither appeared nor submitted their written statement. Although opp.party No.1 took time to file written statement on several occasion didnot file the same, for which all the opp.parties were set-exparte on 09.01.2019.
4. During hearing neither the complainant nor the opp.parties adduced evidence both oral or in affidavit form . Hence the Commission is to pass order on perusal of the documents on record and hearing the argument on behalf of the complainant.
5. On perusal of the complaint petition it transpires that the complainant is a consumer under the opp.parties since last 38 years having old consumer No. AC-301- 0684 corresponding to new consumer No. 01122732 . After his retirement from Nalco the complainant and his family members are residing in his residence at village Turang during January, 2017. It further transpires that the complaint was having connected load of 1 K.W to his residential house and it was a domestic connection. It is also clear from the complaint petition and from the photo copy of consumer billing ledger that from 23.12.2013 the meter fixed in the residential house of the complainant was defective and there was average billing of 144 units till 16.2.2017. It is alleged by the complainant that on 09.02.2017 while he was absent in his house some persons entered inside his house by dis closing their identity as employees of opp.party No.1 & 3 and thereafter on 16.03.2017, 17.04.2017 and 20.05.2017 the opp.parties enhanced the unit consumed as 576.
6. Inspite of notice opp.party No.2 & 3 did not appear before this Commission nor contested the case. Although opp.party No.1 appeared through advocate and took time to file show cause, he didn’t turn-up to file written statement and contest the case.
7. On perusal of the photo copy of the consumer billing ledger it appears that on 20.06.2017 and thereafter the unit consumed by the complainant was normal , such as 117,206,149,73,116,102,98, 153, 87 etc. and those bills were issued basing on actual reading of the meter. During hearing the complainant has filed photocopy of consumer billing ledger from January, 2017 to August, 2022. On perusal of the said extract photo copy of consumer billing ledger it is clear that that since June, 2017 the meter was functioning and bills were issued basing on actual consumption till August, 2022. In the month of August, 2022 the units consumed 143. There is no reason why the average unit calculated by the opp.parties in the month of March, 2017 ,April, 2017 and May, 2017 as 576 unit per month. As the opp.parties did not appear before this Commission it is not known basing on which materials the average units per month was 576 only for three months, where as from December, 2013 to August, 2022 it was normal one. So the claim of the opp.parties basing on such calculation of average units for the month of March, April and May, 2017 has no basis at all . The claim of an amount more than actual consumption as shown from the photo copy of billing ledger filed by the complainant is illegal and without any basis. So the opp.parties are to receive the actual bill amount as per the units consumed by the complainant.
8. The claim of Rs. 42,879.46 by the opp.parties from the complainant during the month of June, 2017 is arbitrary , illegal for which the complainant is not bound to pay the same. The opp.parties are restrained to claim such amount along with any other amount from the complainant which is not based on the actual consumption by the complainant.
9. From the record it is also clear that the complainant has filed written complaint before the CESU on 14.07.2017, 20.09.2017 and some other dates. All his approach both oral and written does not yield any result. On the other hand the complainant was forced to file the present litigation by engaging an advocate for last three years. From the documents on record it is clear that there is gross deficiencies in the service of the opp.parties. So it is clear that the complainant and his family members were subjected to mental agony due to the illegal demand of the opp.parties. Hence the complainant is entitled for compensation for mental agony and litigation expenses.
8. Hence the order :-
: O R D E R :
The complaint filed by the complainant is allowed against all the opp.parties. The opp.parties are directed to realise the tariff from the complainant as per the actual consumption shows in the bills issued by the opp.parties. They are not entitled to realise the excess amount i.e Rs.42,879.46 (Rupees Forty-Two Thousand Eight Hundred Seventy Nine point Forty Six paisa ) only claimed from the complainant. The opp.parties are jointly and severally liable to pay an amount of Rs. 20,000.00 (Rupees Twenty Thousand) to the complainant for mental agony and Rs. 5,000.00 (Rupees Five Thousand) only towards litigation expenses. The opp.parties are directed to comply the order within one month from the date of receiving this order from this Commission, failing which the complainant is at liberty to approach this Commission for execution.