Orissa

Jagatsinghapur

CC/71/2021

Sankar Prasad Das - Complainant(s)

Versus

Executive Engineer Jagatsinghpur,(TPCODL) - Opp.Party(s)

Mr.S.K.Mohanty

09 Sep 2022

ORDER

                                                                                             JUDGMENT

 

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs;

            “Direct the opposite parties to immediately restore the power supply to the premises of the complainant and not to insist upon the illegal demand of Rs.43,431/- which inclusive of arrear under consumer No.03475873 and to receive the monthly bill amount from the complainant”.

            Complainant is a consumer under the opposite parties under Naugaon Electrical Section, TPCODL bearing consumer No.03475873. The complainant regularly paid his electric bills to the opposite parties as per actual consumption (as per bill of O.P.). When the meter was defunct the complainant paid the regular bills on average basis (as per monthly electric bill of O.P.). On 22.11.2018 the then CESU/Enzen authorities conducted physical verification in the premises of complainant and increase the load 1 KW to 3.5 KW although the complainant use less energy (load) and impose fine of Rs.52,486/- on the complainant and issue disconnection notice. On 20.3.2021 the present opposite parties i.e. TPCODL disconnected the power supply to the premises of the complainant. The complainant deposited Rs.10,000/- on 17.4.2019 and 25.01.2019 (in two installments) as per advise of opposite parties (authorities) and the opposite parties assured him to revise the outstanding bill but no revision of the bill, hence this complaint.

            The complainant filed Xerox copy of the following documents in support of the consumer complaint;

1. Money receipt of CESU dtd.17.4.2019 & 25.01.2020.
2. PVR on 22.11.2018.
3. Electricity bill for month of June, 2019 & March, 2021
4. Disconnection notice.
5. Prescription of the complainant.

Notice was issued to opposite parties on 06.4.2021. Questioning on maintainability and denying the allegation of the complainant the opposite parties filed its written version and stated that complainant is a consumer under Naugaon Electrical Section. Consumer premises verified on 22.11.2018 by MRT Team and found unauthorized load usage of 2.5 KW more than contract demand of 1.0 KW and without meter are also detected. Provisional assessment notice was issued under section 126(2) dt.06.12.2018.

But as per the physical verification report of the opposite parties there is no theft is mentioned and there is no evidence regarding filing a case in the nearby police station nor they submitted any video record regarding theft or unauthorized use of power supply rather there is “No meter” in the premises of the complainant and the opposite parties adviseto the complainant to increase the load in PV report without giving any time to the complainant they issued notice vide order No.738 dt.06.12.2018 and impose fine on complainant. From the above circumstances provision of 126 Electricity (Amendment) Act, 2007, is not stand rather it is clear negligence of opposite parties they did not install meter and give bill as per average basis not as per actual consumption basis which proves a clear deficiency of service on the part of the opposite parties.

Hence we admitted the consumer complaint and order that, opposite parties immediately install a tested meter and give electric bill as per actual consumption basis. After giving six consecutive months actual bill then taking into consideration the six months bills on average basis immediately correct the bill and give the revised bill. The opposite parties should give Rs.2,000/- as mental agony and Rs.1,000/- as cost of litigation to the complainant within 30 days after receipt of this order.

 

            Pronounced in the open Commission on this 9^th Sept., 2022.