C.C. No.192/2021

Anjali Swain,

W/o. Ajaya Kumar Swain,

At- Makundpur,

P.O./P.S./Dist.- Jagatsinghpur.                             ……………. Complainant

                           (Versus)

1. Executive Engineer, TPCODL,

Jagatsinghpur Electrical Division,

Gopalsagar, Jagatsinghpur,

P.O./P.S./Dist.- Jagatsinghpur.

2. S.D.O., TPCODL, Jagatsinghpur,

At/P.O./P.S./Dist.- Jagatsinghpur.

3. Junior Engineer, TPCODL,

Jagatsinghpur Section Office,

At/P.O./P.S./Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. S. Mallick, Advocate

For Opposite Parties………..D.M.E., TPCODL, Jagatsinghpur

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                             JUDGMENT

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

            “Direct the opposite parties to revise erroneous bill as per current meter reading, refund the money paid during pandemic period, withdraw the fine amount and pay compensation Rs.10,000/- towards mental agony and Rs.10,000/- towards cost of litigation”.

             The brief fact of the case is that the complainant is a consumer and consumed electricity under Opposite parties i.e. TPCODL vide consumer No.03637471. The Complainant was maintaining a vehicle service centre for her livelihood paying monthly electricity bill regularly as per meter reading on average basis. On 19.12.2019 on absence of complainant Junior Engineer, TPCODL, Jagatsinghpur i.e. opposite party No.3 visited the premises of the complainant for physical verification without prior notice and issued physical verification report vide No.60581 in which remarked that “During physical verification We found that the consumer availing power supply more than his existing C.D. Total load found in consumer premises is 2.5KW but in bill C.D is 0.5 KW. So load should be enhanced from 0.5 KW to 2.5KW. We advise to the consumer to install a new meter within 15 days.” After one year i.e. on 16.12.2020 new meter was installed by the opposite party with connected load of 2.5 kw. In the month of April, 2020 the opposite party impose fine of Rs.51,456/- at that time Covid-19 pandemic situation was going on all over the country and Government adopted Lockdown/shutdown policies for which the service center of the complainant was also closed. When the complainant run his service center and found that after installation of new meter the average consumption of his service center is same as of old meter. On 19.3.21 the complainant went to the office of opposite party and prays to revise the erroneous bill but all are in vein. Complainant consumes average 100 units electricity per month and paid the electric bill regularly to the opposite party. During Covid-19 period when the service center of complainant was closed, the opposite parties impose fine of Rs.51,456/-. After installation of new meter the complainant consumed 796 units in 10 months from this it is ascertained that complainant consume 79.6 units per month which is less than average consumption in old meter In the above circumstances imposing fine of Rs.51,456/- on the complainant is illegal.

            Complainant submitted following documents in favour of her petition;

1. Physical verification report.
2. Meter change report.
3. Complainant’s complaint to the O.P. No.2.
4. Electric bill statement.

            Notice was issued to opposite parties on 23.11.2021 by Regd. Post the opposite parties appear and file time petition for fifteen days several times i.e. on 27.12.2021, 19.5.22, 30.9.2022, 27.12.22, 29.3.23, 30.5.23, 28.6.23 and 24.8.23 but opposite parties did not submit the Written version  before this Commission .

            The opposite parties without correcting the electric bill as per norms of O.E.R.C  after installation of new meter on 16.12.2020 and without taking  3 consecutive months meter reading, make it average  and accordingly the irregular bills has been issued, which shall  be corrected. On the other hand opposite parties have imposed fine in the month of April, 2020 of Rs.51,456/- which in our considered view is illegal and negligent on the part opposite parties, as during that period Covid-19 pandemic was going on and such act of opposite parties is deficiency in service on the part of the opposite parties for which we quash the notice/enhanced bill imposing arrear of Rs.51,456/- and direct the opposite parties not to disconnect the electric line to the complainant and issue correct bill in favour of the complainant. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.

            Pronounced in the open Commission on this 29^th June,2024.