DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 9thday of July, 2020
C.D Case No. 30 of 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Dasarath Jena
S/o Late Krushna Chandra Jena
Vill: Sialia,
Po: Sendhatira,
Ps: Bonth,
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
1. Executive Engineer (NESCO) Utility (South)
At: Aradi Chhak, Samaraipur
Po: Gelpur,
Ps/Dist: Bhadrak
2. Junior Engineer, NESCO Utility
Bonth Section, At/Po/Ps: Bonth,
Dist: Bhadrak
……………………..Opp. Parties
Counsel For Complainant: Sri B. Mallick, Adv & Others
Counsel For the O.Ps: Smt. G. Pradhan, Dy-Manager (Legal) NESCO
Date of hearing: 18.09.2019
Date of order: 09.07.2020
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the complaint are to the effect that the complainant is a bonafide domestic consumer under the O.Ps and he has got electric connection to his house for domestic purpose and also regular paying electricity bill to the O.Ps including arrear electricity bill imposed on him and obtained payment receipts. On March, 2018 the complainant receipt an electricity bill bearing new consumer No. 422212141584 for an amount of Rs 49,799.43/- including the arrear bill. The date was fixed on 26.03.2018 for payment which was the rebate date. Subsequently without any prior notice on 23.03.2018 the O.Ps staff suddenly came and disconnected the power connection from the dwelling house premises of the complainant in his absence. On the next day 24.03.2018 the complainant met the OP No. 2 in his office and ask him about the reason of the disconnection. The OP No. 2 asked extra money for total electricity arrear dues and reconnection charges. The complainant has alleged that the O.Ps have committed deficiency in service, negligence and dishonest trade practice. Hence the complainant has sought for the following reliefs.
1. The O.Ps be directed to pay Rs 50,000/- towards mental agony and negligence in their services.
2. The O.Ps be directed to pay Rs 5,000/- for litigation expenses.
3. The O.Ps be directed to make reconnection of power supply to the dwelling house of the complainant.
4. What other reliefs the complainant is entitled to.
Documents filed by the complainant (Xerox copies).
1. Electricity bill- 1 sheet.
2. Money receipts nine months in two sheet.
3. Aadher card of the complainant- 1 sheet.
On the other hand the O.Ps have filed their written version analogously as follows that as per Section- 126 of the Electricity Act, 2003 the premises of the consumer were verified on 17.05.2014 and it was detected that the complainant was running the appliance without any meter and used electricity unauthorizedly. Thereafter, spot verification report was prepared in presence of the representative of the complainant named Sri Nursingha Charan Jena and he received a copy of the same. That, basing on the spot verification report (SVR), provisional assessment was prepared and served upon the complainant as per regulation- 102 of the OERC (Distribution and Conditions of Supply) Code, 2004. After getting provisional assessment order the complainant remained silent and did not file any objection or deposited the assessed amount, so in due time final order of assessment was passed and served upon the consumer amounting to Rs 20,804/-, the said documents are attached herewith as Annexure- A. When there is an assessment under Section- 126 of Electricity Act, 2003 for unauthorized use of electricity, this Forum has no jurisdiction to entertain the case and the complainant is at liberty to approach the appropriate authority under Section- 127 of the Electricity Act, 2003. On 13 January, 2015 wherein the Commission held that the in my view, once the OP takes a plea that the case in question was a case of theft of electricity, the Consumer Forum would not have jurisdiction to entertain the complaint and go into the question as to whether there was actually theft of electricity or not. The said decision is attached herewith as Annexure- B.
Subsequently the O.Ps have denied all the allegations made by the complainant in his complaint and have prayed that for not granting the relief/reliefs to the complainant. Documents filed by the O.Ps (Xerox copies).
1. Final assessment order- 1 sheet.
2. Notice on dt. 19.05.2014- 1 sheet.
3. Final order U/s 126 of the Electricity Amendment Act, 2007.
4. Spot verification report- 1 sheet.
5. Annexure- B- 7 sheets.
OBSERVATION
We have gone through the complaint, the documents filed by the complainant and the written version, documents filed by the O.Ps. We have observed that the O.Ps have challenged the maintainability of this complaint in the D.C.D.R.F, Bhadrak. They have described in their written version that the complainant is guilty of offence of U/s 126 & U/s 135 to 140 of the Electricity Act, 2003 but it is a matter of regret that the O.Ps have fixed the date on 26.03.2018 for the payment of bill which is the rebate date of the payment. But suddenly the O.Ps and their squad came on dt. 23.03.2018 and disconnected the power supply of the complainant in his house premises which is quite illegal and contravences to the law. The O.Ps have prepared the order of the provisional report of the complainant on 19.05.2014. The copy of the said order issued by the assessing officer has never been served upon the complainant or upon any of his family members. Secondly the order and notice of the final assessment have never been served upon the complainant or upon any of his family members. It is mandatory on part of the O.Ps to serve the copies of both the assessments upon the complainant or in his absence upon any of his family adult member. Due to the lacuna and negligence of the O.Ps the complainant was deprived of to defend himself and from his legitimate right and liberty. We have found that on the face of the spot verification report One Nursingh Charan Jena an un identified person and has put his signature. In this manner the O.Ps have failed to serve the notices and spot verification report upon the complainant. As a result of which the O.Ps have also failed to comply the proceeding U/s 126 and U/s 135 so this complaint is quite maintainable in this Forum.
Finally we have held that and reached at the findings that the O.Ps have imposed the financial liabilities upon the complainant. The cause of action arose when the power supply of the complainant was disconnected from his dwelling house on 23.03.2018 and the complaint has been filed on 28.03.2018. So the limitation of this complaint is not barred. The complainant has filed this complaint within the limitation period. So the O.Ps have failed to prove their case U/s 126 & 135 of Electricity Act, 2003.Hence it is ordered;
ORDER
In the result, the complaint be and the same is allowed against O.Ps. The O.Ps are here by directed to exempt and expunge the illegal financial liabilities imposed upon the complainant, amounting to Rs 20,804/- & 1,072/-. They are further directed to pay the cost and compensation Rs 5,000/-, to the complainant and cost of the litigation Rs 3,000/- within 30 days on receipt of the copy of the order. They are also directed to make the power connection to the dwelling house of the complainant.
This order is pronounced in the open Forum on this day of 9th July, 2020 under my hand and seal of the Forum.
