MR. BIBEKANANDA DAS, MEMBER:-
This is a complaint U/S-35 of C.P.Act, 2019. The Complainant filed the present C.C.Case on dt. 04.03.2020. The Ops are duly served notice on dt. 20.03.2020 at that time the licensee was Enzen Global Solutions when at present the same licensee substituted by TPCODL wherein the O.E.R.C is the authority to grant licensee to the TPCODL and the same is taken over the previous licensee. Therefore, TPCODL has every obligation to answer all the pending cases against the previous licensee as per O.E.R.C Regulation. This C.C.Case is pending since 2020 but the Ops did not take appropriate step to file written version as per mandate of C.P.Act, it must be adjudicate within 90 days. Hence, this Commission can’t wait to the sweet will of the Ops to file written version as per their favorable time. Resultantly, the Ops are set ex-parte.
It is pleaded by the Complainant that the Ops without going through the meter reading average excessively throughout the years, and threatened to take coercive action against the Complainant by which without any alternative the Complainant forced to pay excess amount regularly i.e 31.3.2014-Rs. 15,000/-, on dt. 30.3.15-Rs. 5,000/-, on 30.6.15-Rs. 4150/-, on dt.28.3.16-Rs.3,000/-, on 29.3.18-Rs.4000/-, on 17.1.20-Rs.5000/- against the excessive demand by the Ops the Complainant appeared on various occasions before the appropriate authority so also before GRF but they could not settle the dispute billing raised by the Ops throughout the period. On dt. 31.01.2012 the outstanding was Rs. 63,992/- after payment of Rs. 36,150/- the last outstanding arrear in 21.01.2020 was Rs. 36,267/- till at present Ops threatening to disconnect supply if the arrear amount not paid by Complainant. We found from various electricity dispute pending before us that the authorities have been revising the excess billing amount and the GRF also in appropriate case deducting huge arrear outstanding by various order like GRF Paradeep deducted Rs. 62,192.72/- in a dispute vide Consumer No. 01243131 in case No. GRF/KED-1/576/2020 Judgment dtd. 29.10.2020. If the authorities and GRF authorized by O.E.R.C. Regulation to adjudicate billing, arrear irregularities already committed by the different licensee in different times the DCDRC as a quasi-judicial body established by Central legislation must have immense vested jurisdiction to adjudicate issues of electricity dispute as when its appear prejudice any consumer. As we gone through the provision of section 100 of C.P.Act, 2019 where the C.P.Act not in derogation of any other law but shall be in addition to other Acts. Where the Complainant prejudice by illigaties of various authorities the DCDRC empower with jurisdiction to redress an appropriate cases. The billing as and arrear disputes pending since before 1997 till today is the major or dispute continuing.
Taking into facts & circumstances involved in this case and grant of equitable relief against the illegally, arbitrary action of Ops and mental agony undergone throughout the proceeding, this Commission must exercise its jurisdiction so vested equitably grant relief in favour of the Complainant. The Ops shall deducted Rs. 16,000/- from the arrear amount of the Complainant’s energy bill at present date and take rest balance amount within one year adjustable in such monthly bill, till realization of rest arrear amount.
O R D E R
It is directed that the Ops shall deduct Rs. 16,000/- from the arrear bill at present and the rest amount shall be adjusted in the each month’s current bill amount till its realization, failing which the Ops are liable under the provision of C.P.Act, 2019. From the above observation and orders the present C.C.Case No. 19/2020 and I.A No. 9/2020 are hereby disposed off. All the above exercise shall be complied within a period of one month. The C.C.Case is allowed and accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 14th day of Fabruary,2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
