MR. PRAVAT KUMAR PADHI, PRESIDENT :-
Complainant who has earlier filed C.C.Case No. 44/2014 before this Commission was directed as under:-
“ Having observations reflected above the complainant is dispose of with the suggestion that if the complainant wants to raise the dispute, he may approach appropriate authority established under I.E. Act-2003. One month time is given to the complainant from date of receipt of the order to raise his grievance before appropriate authority, till then Ops are hereby restrained to take any coercive action against the complainant consumer”.
Complainant is persuance of the above said order filed before GRF, Paradeep vide C.C. No. GRFKED-1/507/2016. Ld. GRF vide order dt. 16.12.2016 directed as under-
“ The Complainant shall provide a meter to the Op complying to CEA (Installation & Operation of Meters) Regulation 2006 amended with required testing fees within 15 days from this order. The Op shall install the tested meter within seven days after receipt from the complainant & revise the bill from 10/2014 onwards as per regulation & mentioned at Para-4. The dispute raised by the Complainant on the billing raised by Op as per Rule-126 is not maintainable in this Forum. If Complainant want to raise dispute he may raise at appropriate authority established under I.E. Act-2003 within a month from date of this order”.
Being aggrieved by order of GRF Complainant filed Appeal before Ld. Ombudsman-1, OERC, Bhubaneswar in Consumer Representation case No. OM(1-17 of 2017) in which Ld. Ombudsman vide order dt. 16.03.2017 has disposed off the Appeal directing as under-
“ The bill from October, 2014 shall be revised on 2KW connected load and on three months average consumption of the new meter replaced during April, 2017 bearing Sl. No. 03752859. The case is disposed of accordingly on the matter of any dispute of the provisional assessment to be issued by the Op. The petitioner is liberty to appellate authority as stipulated under Sec-127 of the Act”.
After the order passed by in the above 3 cases and availing the remedies, complainant once again filed the present consumer complaint suppressing all these facts in his petition.
As per Sec-42(5) of Electricity Act, 2003 as stipulated under as there is appropriate Forum to decide the grievance of the consumers and this Commission is not empowered to adjudicated the issue in question and as such the consumer complainant is not maintainable before this Commission and the issue being earlier decided by GRF. This Commission is not the Appellate Authority of GRF.
In view of the aforesaid fact this case is fit to be dismissed with cost. But we dismiss the case with liberty to approach appropriate Forum. Hence the C.C.Case No. 45/2023 along with I.A No. 23/2023 are hereby dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 16th day of January,2024.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
