DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 35 OF 2017

Padmalochan Pradhan ( 55 Yrs.),

S/O: Late Jayshankar Pradhan,

R/O: Beheraguda, PO/ PS: Lakhanpur,

Dist- Jharsuguda, Odisha…………………..……………...…..……. Complainant.

                                           Versus 

1. Executive Engineer, WESCO,

Brajrajnagar Electrical DFivision,Brajrajnagar,

Dist: Jharsuguda, Odisha.

2. WESCO, Belpahar Sub-Division,

AT/PO/PS: Belpahar.

Dist: Jharsuguda, Odisha................................................. Opp. Parties.

Counsel for the Parties:-

For the Complainant                                   H.H.Mishra,Adv. & Associates.

For the Opp. Parties                                    Shri B. B. Barai, Adv. & Associates.

Date of Order: 27.11.2017

Present

                                                                                   1. Shri Sundarlal Behera, President.

                                                                                   2. Shri Santosh Kumar Ojha, Member.

                                                                                   3. Smt. Anamika Nanda, Member (W).

Shri Sundarlal Behera, President :- The  brief facts of the complaint case is that, the complainant is the owner of one commercial work shop and for his business purpose he has applied for permission for conversion of electric power supply from one phase to three phase 4KW commercial load which was approved on dt.03.01.2014 by the O.Ps. The complainant deposited Rs.11,523/- only on dt.03.01.2014 and Rs.3,854/- only on the same day for said conversion but the O.ps did not covert the same.  After many request the O.Ps. could not covert the said connection and illegally disconnected the electric connection since one year as the arrear amount is pending.  The complainant was unable to pay the arrear amount as because the O.Ps. did not supply the bill to the complainant.  The complainant is ready to pay the outstanding arrear amount but filed his case for illegal disconnection.

On service of notice, the O.Ps appeared and filed Written Version through their counsel and submitted that the case is not maintainable as the complaint petition is being barred by limitation U/s-24(A) of the C.P. Act,1986. Further the O.Ps. submitted that the complainant was using the electricity energy in unauthorized manner i.e by means of hooking it came to knowledge after the vigilance squad of the utility carried out an inspection into the premises of the complainant on dtd. 03.03.2016.The complainant had arrear of Rs.66,928/- only and the complainant was ordered for final assessment dtd. 11.03.2016 for an amount of Rs.12,725/- only ( reduced from Rs.66,928/-) but the complainant neither aid the assessment amount nor filed any appeal. It is further submitted that the arrear amount of Rs.47,354/- only as on May,2017 includes said assessment dues of Rs.12,725/-.  Since the entire facts reveals inception of dispute involving assessment proceeding U/S126 of the Act,2003, this Hon’ble Forum may dismiss the instant complaint in view of the judgment of Hon’ble Apex Court in Anis Ahmed Case (Supra).   

Heard from the parties, gone through the case and materials available on record. The complainant had deposited Rs.11,523/- and Rs.3,854/- only on dtd.03.01.2014 as per the letter of O.Ps. dtd. 03.01.2014 for conversion of power supply from 1 phase to 3 phase 4KW commercial load at Beheraguda on plot No. 2242 Khata No.273/243 district Jharsuguda but in the other hand the complainant was found that he was using the electric energy in unauthorized manner i.e. by means of hooking as per physical verification report dtd. 03.03.2016.

In view of above facts and circumstances, in one way the complainant is entitled for his aforementioned conversion while in other side O.Ps. are also entitled for their arrear dues including penal dues. Hence the complaint petition is hereby  allowed partly, directing the O.Ps. to issue afresh electricity bill including arrears and receive the same in 4(four) nos. of installments from the complainant and after completion of due formalities provide three phase connection in favour of the complainant.

Accordingly the case in hand is disposed of.

Order pronounced in the open court today the 27^st day of November’ 2017. Free copy of this order be communicated to the concerned parties as per rule. 

                                    I Agree.                                I Agree.                                                                                           

                   A. Nanda, Member( W)   S.K.Ojha, Member   S. L. Behera, President             

                                                   Dictated and corrected by me

                                                           S. L. Behera, President