PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Case No- 55/2016
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Bandana Deoria
D/O- Bijayashankar Deoria
At-Vivekanand Chowk, Burla, Qr. No. F19/2,
Po/Ps-Burla, Dist-Sambalpur. …..Complainant
Vrs.
- Executive Engineer, WESCO, Electrical Division, Sambalpur,
At/Ps-Ainthapali, PO-Budharaja,
- S.D.O. WESCO, Sub Division, Burla
At/PO/PS-Burla, Dist-Sambalpur.
- Junior Engineer, WESCO, Section III, Burla
At/PO/PS-Burla, Dist-Sambalpur.….Opp. Parties
Counsels:-
- For the Complainant :- Sri. G.P.Lal, Advocate & associates
- For the O.P.s. :- Sri. S.K.Dora & Advocate & associates
DATE OF HEARING : 20.04.2022, DATE OF JUDGEMENT : 27.06.2022
DR. RAMAKANTA SATAPATHY, PRESIDENT,
- The Complainant is an employee of Veer Surendra Sai University of Technology, Burla, allotted with Qr. No. F-19/2 on 24.02.2014. The O.P. No.2 allowed electricity connection after application and verification. The Complainant deposited Rs. 1212/- and consumer No.4113-3308-006 was allotted to her. The Complainant made all monthly bills regularly. On the direction of O.P. No.2, O.P. 3 supplied an old meter and assured to install new meter on availability. The Complainant took possession of the quarter in January 2015 but till April 2015 no electricity bill generated after repeated reminder.
In April 2015 the Complainant received a bill from O.P. No.2 for Rs. 50,368/-. Complaint was made but O.P. No.2 &3 failed to give satisfactory reply but demanded the bill amount.
On 22.09.2015 a representation was made to O.P. No.2 as follows:
“the meter was old and defective reading Repeatedly I used to receive with arrear of May and June 2015. After that your good offices have changed an old meter in July 2015. Now, I received a bill of August 2015 in which they have added the arrear amount again”.
The O.P. No.2 & 3 not gave any reply but threatened to disconnect the electricity supply. The notice for disconnection dated 09.03.2016 alleged as illegal and amounts to deficiency in service, wherein Rs. 46,623/- was demanded and out of fear the Complainant deposited Rs. 5000/- on 19.03.2016.
- The O.Ps after appearance in the case filed their show-cause, admitted the domestic connection given to Complainant. The Complainant getting power supply in feb-2014, neither paid any monthly bill nor informed the O.Ps about not getting the bills. In April 2015 a single bill was given for the period Feb-2014 to April 2015 of 9640 unit amounting to Rs. 51,075.62P. The Complainant raised objection. The O.Ps verified the premises and prepared a physical verification report dated 27.07.2016 and found the meter working properly. The bill for the period Feb-2014 to April 2015 is proper.
The Complainant claimed for withdrawal of bill from Feb-2014 to April 2015, not co-operated for which the O.Ps served demand cum disconnection notice dated 19.03.2016 for the outstanding amount of Rs. 46,623/-. The Complainant deposited Rs. 5000/-. Through bill revision an amount of Rs. 3446.29P has been withdrawn from the total dues of Rs.51,075.62 and raised a corrected bill of Rs. 47,629.33P for the period. The O.Ps have filed a revised bill in the case for the period 2/2014 to 4/2015.
- After perusal of the Complaint, version of the O.Ps and documents filed the following issues are framed:
-
- Is there any deficiency on the part of the O.Ps in power supply?
- What relief the Complaint is entitled to get?
ISSUE NO.1:- Is there any deficiency on the part of the O.Ps in power supply?
It is the admitted case of both the parties that the Complainant was allowed in Qr. No. F-19/2 on 24.02.2014 and allotted Consumer No. 4113-3308-006 vide receipt No. 1533059 dated 21.08.2014. The Complainant alleged that she has taken over the possession of the quarter in January 2015 but till April 2015 no bill was generated. The reply of the O.Ps are that from Feb. 2014 to April 2015 power has been supplied which comes to 9640 unit for Rs. 51075.62P. From money receipt No. 1533059 dated 21.08.2014 it reveals that re-connection was given after deposit of Rs. 1212/- by the Complainant. So the electricity bill is chargeable from the Complainant from 21.08.2014. The O.Ps have charged the bill from April 2014, which is illegal.
The contention of the complainant is that no electricity bill is supplied by the O.Ps from Jan-2015 to April 2015. It is the duty of O.Ps to provide meter reading every month and charge the amount. The Complainant has made a complaint on 29.04.2015 and thereafter on 22.09.2015 when received the bill in April 2015 for Rs. 50,368/-. After payment of regular bill in May 2015 and June 2015 the old meter was replaced by the O.Ps. The O.Ps are silent on the replacement of old meter.
From the aforesaid facts it is clear that the old meter in the quarter was in running condition. Power supply was there in the quarter at the time of allotment of quarter to the Complainant. Reconnection was made on 21.08.2014. The O.Ps have not taken the meter reading every month and all of a sudden charged the entire bill showing meter reading 9640 unit charging Rs. 51,075.62P although it was later revised and changed Rs. 46,523/-. The procedure adopted by the O.Ps are not in accordance with the Electricity Act, 2003. The O.Ps are deficient in their service by giving arrear of previous consumer with the Complainant.
Accordingly the issue is answered against the O.Ps.
ISSUE No.2
The O.Ps have shifted the cap from One Consumer to another and by doing this not only harassed the Complainant but also pressured to deposit the arrear, amounts to deficiency in service. The Complaint is entitled for relief as under:
ORDER
The Complaint is allowed on contest. The O.Ps are directed to give a fresh bill to the Complainant taking in to account the average consumption of May 2015 and June 2015 from 21.08.2014 to April 2015. The amount deposited i.e. Rs. 5000/- should be adjusted in the said bill along with payment made to-wards electricity charges against the bill amounting to Rs. 50,368/-.
The O.Ps are further directed not to disturb the Complainant and disconnect the power supply if the bill for the disputed period Feb 2014 to April 2015(as per direction made supra) is made by the complainant within one month of this order.
For deficiency in services the O.Ps are liable to pay Rs. 10,000/- compensation and litigation expenses of Rs. 10,000/-. In case the O.Ps failed to comply the above order within one month, the above amount of Rs. 20,000 will cover 12% interest from date of filing i.e. 05.07.2016 till realisation.
The O.Ps are warned not to continue such type of practice in future.
Order pronounced in open court on this 27th day of June 2022.
Supply free copies to the parties on proper application.
