DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

KANDHAMAL, PHULBANI.

                                                                                            C.C.NO.13 OF 2018

Present:  Miss Sudhira Laxmi Pattnaik   - President I/c

                Sri Purna Chandra Tripathy   - Member.

 Sri Jang Bahadur Sunar aged about 59 years

S/O Kul Bahadur Sunar

Unit In-Charge, O.S.R.T.C, Phulbani.

           Dist: Kandhamal.                                           ………… complainant.

-Versus-

1. Executive engineer, SOUTH CO

Phulbani Electrical Division Phulbani

P.O/P.S. Phulbani

Dist- Kandhamal

2. S.D.O, SOUTH CO

Phulbani Electrical Division Phulbani

Po/Ps-.Phulbani

Dist- Kandhamal

3.  Junior Engineer, SOUTH CO

Phulbani Electrical Division, Phulbani

Po/Ps-.Phulbani

Dist- Kandhamal.                                       ……..Opposite Parties.

 .

For the Complainant: Advocate Rajib Pradhan Phulbani.     

For the OPP-Parties: Advocate Sri H .Maharana, Advocate, Phulbani.

Date of Order: 7^th April 2021.      

        The brief fact of the case is that   the complainant has an electricity connection vide consumer No-292101510059 in the name of O.S.R.T.C Phulbani. In the month of August 2017 the OPs disconnected power supply to the premises of complainant due to non-payment of bills for the said month. According to the complainant on dated 13/10/2017 an amount of Rs 11,000/- was deposited along with the re-connection charge of Rs 400/- before the OPs for restore the power supply. The bill issued by the OPs for the month of August 2017 was Rs 11,950/-.  In the month of October 2017 the bill issued to the complainant against the above consumer No -292101510059 for Rs 2, 66,252/-.  As per the complainant, he had approached the OPs for rectification of the bill dated, but no steps taken by the OPs. That out of the total area of  OSRTC,  some portion  leased out in favour of  S.S.Nursery School K.B.Hist College with the approval of  higher authority of O.S.R.T.C, Bhubaneswar, and in the remaining area  the office  of the Complainant is functioning.  Prior to the present dispute, the complainant approached the OPs to supply the power in separately, but OPs remained silent. The OPs on dated 22/02/2018 sent a disconnection notice with 15 days to deposit an amount of  Rs 2, 72,595/-which caused the complainant mental agony . Being aggrieved on the said notice, the present complaint filed against the OPs alleging the negligency and deficiency in service and prayed for issue direction to the OPs as under.

1. Not to disconnect the electric supply to the O.S.R.T.C, Phulbani.
2. To rectify the bill supplied for the month of October 2017 and onwards.
3. To waive out the demand of excess amount as shown as arrear dues in bills
4. To give separate connection to the occupants
5. To grant compensation and litigation cost and other reliefs as deem fit for the complainants.

In order to substantiate the case, the complainant filed certain documents. After perusal the petition and the relevant documents, the case admitted and issued notice to the OPs. On receipt the notice, the OPs appeared through their counsel and filed their version .In the version the OPs stated the complainant default in payment of electricity bills and stated the bill against the consumer No. 292101510059 was prepared up to June 2014 on the basis of average consumption 72/144/210/216 units respectively per month time to time due to defective of meter.  According to the OPs the bill from July 2014 to January 2015 could not be generated due to disconnection of power supply of the complainant, later on dated 16/02/2015 the power supply restored on receipt of Rs 30,000/- against the arrear dues with reconnection fees of Rs 400/- from the complainant.   There after a new meter bearing serial No. SSM07117 was installed and the bill from February 2015 to 2017 duly revised according to the actual consumption. The OPs stated the revised bill for the period from October 2018 to July 2019 prepared and an amount of Rs. 20,684/- adjusted in the bill for the month of October 2019.  From the averment, the OPs claimed they have not committed any deficiency in service. We heard both the counsels for the parties at length and scrutiny the complaint petition, version and relevant documents available on record. During pendency of the complaint case, the complainant filed a petition for interim relief, after heard this forum grant an interim order dated15/03/2018 in favour of the complainant and directed the OPs not to disconnect the electricity supply of the OSRTC premises Phulbani vide Consumer No- 292101510059 till further order. From the above facts and circumstances, we are of the considered view that the Complainant is a Consumer of the OPs. It is found that the bill for the month August 2017 was Rs 11,950/- but after about two month in the month of October 2017 the bill amount was Rs 266252/- , it is admitted by the OPs that they have received an amount of Rs 11,000/- on dated 13/10/2017 with the re-connection charge for restore of power supply to the premises of the complainant. Similarly from the bill prior to the disputed bill no where the OPs claimed any arrear against the above consumer, and in order to prove their case, the OPs did not filed any documents relating to the revision of bills as they claimed in their version. Further the disconnection notice dated 20/02/2018 is un just and illegal. As per Section 56 (2) of Electricity Act 2003 “ No sum due from any person under this section shall be recoverable after a period of two years from the date when such sum became first due .Unless the same has been shown continuously as recoverable as arrear of charges for electricity supplied”.  As the bills prior to the month of October 2017, the arrear amount never been claimed by the OPs at any point of time and also the OPs completely failed to prove the arrear amount was continuously shown in the bills till October 2017, so the OPs claimed for arrear against the complainant is not acceptable or tenable in the eye of law, resulting the notice dated 20/02/2018 is hereby quashed.

O R D E R

The Complaint case is allowed against the OPs. The OPs are directed to rectify the bills for the month of October 2017 onwards as per the actual consumption and the Complainant also directed to deposit the (rectified) billing amount in three equal installments. Further it is directed to the OPs to carry out the same within 45 days from the date of order. The interim order dated15/10/2018 is stands vacated. Accordingly the C.C is disposed off.

Order pronounced in the open court today on this 7^th the day of April 2021.

Free copy of this order be supplied to the respective parties.

                                     MEMBER                                                                                         PRESIDENT