BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint NO-17/2015
Present- Sri Dipak Kumar Mahapatra, President,
Smt. Smita Tripathy, Member (W).
Pradeep Kumar Sahani
Aged about 61 years, S/O- Late Dr. Radhamadhaba Sahani
R/O- Mohantypara, Ps- Town,
Po/Tahasil and Dist- Sambalpur ………………………Complainant
Versus
1. Ex. Engineer( Elect), Sambalpur
Electric Division, Ainthapali, Sambalpur.
2. S.D.O. ( Elect)
Khetrajpur, Sambalpur ……………………….Opp. Parties
For the Complainant:-Sri H.C. Dani Advocate
For the O.P-1& 2:Sri. S.K. Dora & Others Advocate
DATE OF HEARING : 23.12.2020, DATE OF ORDER : 04.01.2021
DIPAK KUMAR MAHAPATRA,PRESIDENT- Brief facts of the case is that the Complainant is the son of Smt. Snehalata Sahani,who owned a house and availed electric connection to the said house from the O.Ps in the name of one G.S. Dhingra vide consumer no.-DOM-17-D-3 and 4116-210-0104. Mr. Dhingra was a tenant in the said house and availed electric connection in his name with the permission of the house owner Mrs. Snehalata Sahani. The monthly electric charges were being paid by the tenant without any default. The Complainant wanted to get the house vacated by Mr. Dhingra but in spite of several approaches he did not vacate the house for which Mr. Sahani stopped paying electric bill with a hope that the tenant Mr. Dhingra may vacate the house. But after all, the said house was vacated. Thereafter the Complainant has settled the outstanding electric dues on dtd.21.01.2007 with a payment of Rs.6,500/- with a note- “Bill up to Nov-2006 settled at Camp”. The Complainant requested the O.Ps to make necessary correction in the bill and issue a rectified bill but in vain. As the O.Ps did not take any steps to rectify the disputed bills, the Complainant stopped making payments to the O.Ps. but he paid Rs.480/- in the year 2007, Rs.1,000/- on dtd.30.06.2011, Rs.19,000/- on dtd.28.03.2012 and Rs.10150/- on dtd.23.03.2013 in a hope to minimize the bill. The Complainant knocked the door of the Permanent Lok Adalat for Public Utility Services, Sambalpur vide PLA Case No-15/2013 which remained pending due to transfer of the Presiding Officer. The O.Ps taking opportunity of the vacancy issued a disconnection notice on dtd. 13.03.2014 amounting to Rs.2,25,279/- directing to pay within 7 days. The Complainant on dtd.18.03.2014 served a letter through his Advocate to the O.Ps but the O.Ps remained silent for one year. But when the O.Ps served second disconnection notice on dtd. 10.03.2015 for an amount of Rs.2,58,567/- the Complainant with apprehension of disconnection of power supply filed a Consumer Case before this Forum on dtd. 17.03.2015 with a prayer for an Interim Order with a direction to the O.Ps not to disconnect the Power supply to his house. Accordingly an Interim Order was issued from this Forum directing the O.Ps “not to disconnect the power supply to the house of the Complainant during pendency of this case”. But ignoring the Interim Order the O.P-2 served another disconnection notice to the Complainant on dtd.23.06.2015 amounting to Rs.2,60,810/- to pay within 7 days, though the Complainant has paid Rs. 30,000/- to the O.Ps till dtd.22.03.2013 and again a direction given to the O.Ps to restrain from disconnection of power supply to the premises of the Complainant. The Complainant has paid Rs.20,000/- on dtd.17.07.2015. Similarly other disconnection notices on dtd. 07.03.2016 for Rs.2,81,057 and dtd. 24.12.2019 for Rs. 4,38,889/- were served to the Complainant by the O.Ps. The Advocate for the Complainant again claims that the O.Ps have not authorised to demand arrear bill more than two years as per Section 56 of Electricity Act-2005.
But the O.Ps objected to the matter stating that during pendency of a case before the Permanent Lok Adalat the Complainant has filed another case on the same matter before this Forum which is illegal and prayed to reject the same. Again the Complainant has admitted that due some personal problems he has stopped paying bills to the O.Ps for which an amount of Rs.2,01,225/- has been accumulated as arrear till-2013. Again the bills from April 2004 to January 2012 were revised by the O.Ps in May-2012 but the Complainant has filed a petition for revision of the revised bill. An amount of Rs.20.419.22 was deducted from the arrear bill and an outstanding amount of Rs. 1,63,673/- is supplied to the Complainant for payment but no steps taken to pay the same. The O.Ps files the copies of monthly bills till date (October-2020) where he claims that there is no mistake in the monthly bills as it were generated on actual meter reading basis.
POINTS OF DETERMINATION:-
- Whether the Complainant is comes under the purview of Consumer Protection Act.2019?
- Whether the O.Ps has committed any Deficiency in Service to the Complainant?
From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumer of the O.Ps as he has availed electric supply to his house in the name of one G.S Dhingra and making payment of dues regularly since long. The claim of the Complainant regarding settlement of outstanding dues through one time settlement is disputed by the O.Ps who claims that there is some amount lying outstanding even after the settlement, has no meaning and serves no purposes. Again the receipt of Rs.6,500/- vide M.R No-4007194 dtd. 22.01.2007 does not show clear the status of the outstanding dues, as it is confusing/doubtful that whether the dues are settled at Rs.6,500/- or it is the part payment of the settled amount and it should be made clear by the O.Ps. Further after going through the Computerised bill supplied by the O.Ps from April -2001 to October-2020, it is observed that the bills are generated mostly on actual basis, so no doubt can be accumulated on the correctness of the same. Though the Complainant has made some part payment, but it is very little as compared to the outstanding dues. Lastly considering the claim of the Complainant regarding the power of the O.Ps to demand the arrears more than two years u/s-56 (2) of the Electricity Act, 2003, it is confirmed that though the Section 56 (2) of the Electricity Act, 2003 defines that “ no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity, but saves limitation for recovery of aforesaid amount as under: As per aforesaid provision, due amount is not recoverable after two years from the date when such sum became due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supply meaning thereby, if the amount has continuously been shown as recoverable, limitation to recover amount does not lapse.” This matter is well settled in the case of “Jodhpur Vidyut Vitran Nigam Ltd. & ... vs. Lal Singh” decided on 25 September, 2014 by National Consumer Disputes Redressal Commission,Delhi. In the present disputes it reveals that a big amount in favour of the Complainant is continuously being shown outstanding right from January-2007 since “Stop Payment” by the Complainant. In the light of above discussion, it becomes clear that O.Ps are entitled to recover aforesaid amount till it is shown recoverable in their ledger. Hence we order as under:-
ORDER
The Complaint petition is partly allowed. The O.Ps are directed to settle the bill as per the settlement done on dtd.21.07.2007, specifying the amount of outstanding dues, if any and reassess the arrears issue up to date bill. The Complainant is directed to deposit 5% of the updated bill with the O.Ps. and rest of the payment is to be made in a convenient way only after having a mutual discussion with the O.Ps. All the orders are to be complied by the Complainant and the O.Ps within 60 days of receipt of this order failing which all the parties are at a liberty to take shelter of the appropriate Court of Law. No orders as to Compensation or Cost.
Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.
Order pronounced in the open court today i.e. 04th day of January, 2021 under my hand and seal of this Commission.
I agree,
-Sd/-(04.01.2021) -Sd/-(04.01.2021)
Smt. S.Tripathy Sri. D.K. Mohapatra
MEMBER.(W) PRESIDENT
Dictated and Corrected
by me.
-sd/-(04.01.2021)
Sri. D.K. Mohapatra
PRESIDENT
