DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI AT BHAWANIPATNA.

C.C. 18 OF 2015

PRESENT:-

Sri Aswini Kumar Sahoo, M.A, LL.B OSPS(I) Sr. Retd.                                          President.

Sri Ashok Kumar Patra, Retd. O.I.S  ( I)                                                                Member.

Sri Jitendra Sahu,aged about a 65 years, S/o late Ramaswami Sahu,Resident of village/Po Thuapadar,P.S.Bhawanipatna Sadar,Dist.Kalahandi.

Versus

1. The  Executive Engineer,Kalahandi Easta Electrical Division, WESCO Utility, Bhawanipatna, Dist. Kalahandi,Odisha.
2. The Sub Divisional Officer, Electrical Sub Division No.II, Kalahandi East Electrical Division, WESCO Utility,Bhawanipatna, At: Naktighuda,Po/Ps Bhawanipatna, Dist. Kalahandi, Odisha.

Counsel  :

For the Complainant: Sri Satyan Choudhury & Associate Advocate,Bhawanipatna.

For the  OPs :  Sri N.R.Mishra  Advocate,Bhawanipatna

                                                    JUDGEMENT

The facts of the complaint in brief is that the  complaint has availed new electric  connection to his residential house at Thuapadar of 1 KW load  for domestic  purpose in the year 2001 and deposited Rs.572/- vide MR No.110387037 dt.01.08.2001 . After four years of connection the Ops have issued a bill of Rs.10,921/-  as outstanding amount  for 5549 units for 39 months for the period from 01.08.2001 to 30.09.2004 and thereafter the Ops issued bills in two months interval and the complainant has deposited  bill amount except the bill dt.15.10.2004.   On 21.03.2010 the OP 2 has issued a disconnection notice  along with monthly bill of aRs.13,167/- . In reply the complainant issued   pleader notice   stating therein that  the amount claimed by OP 2 is barred by limitation under Section 56  Sub Section 2 of the Electricity Act,2003 but after serving of such notice  the Ops  did not disconnect the electricity connection  and since then the complainant has been consuming  electricity without any interruption till date.  Again on 24.03.2015  the OP 2   has issued a disconnection  notice to the complainant claiming Rs.30,268/-  as outstanding  and directed to pay within seven days   which the complainant received on 25.03.2015.  It is a clear violation of the provision of Section 56  of Electricity Act,2003.  Hence, prayed to direct the Ops  quashed the bill  and direct the Ops to not to disconnect the electric supply  and pay 50,000/-  as compensation and Rs.10,000/- towards litigation expenses  and pass any other order as the forum deems fit and proper. Hence, this complaint.    

                          Being noticed the Ops appeared and filed written version denying the petition allegations  on all its material particulars. It is submitted by the OPs  that the complainant  has availed power supply  to his residential house for domestic purpose by depositing Rs.572/- on 1.8.2001 and an amount of Rs.10,921/- from 1.8.2001 to 30.09.2014  is outstanding against the complainant.  Subsequently, from 30.09.2004  onwards  and till 2016 electric bills have been served to the complainant  but the complainant  in stead of paying full amount has made part payment of some electric bills and huge amount of  electric dues is outstanding against  him for payment.  The complainant is a defaulter  in payment of electrical bills  and filed this case in order to linger the payment. In the event of non payment of electric bills the OPs  have got right to disconnect the power supply  given to the consumer  after giving disconnection notice but in the instant case no disconnection bas been made  anticipating payment by the complainant. The electric bill  served for payment are legal and justified and not barred by limitation and the question of adoption of unfair trade practice by the Ops does not arise and the Ops are not deficient in their duties. The petition filed is without merit  and as such liable to be dismissed.                           

                                                             F I N D I NG

                        The complainant has filed this present consume complaint along with a petition U/s 13(3-B) praying for a direction to the OP  not to disconnect the electric supply to the house of the complainant  as mentioned in the disconnection notice dt.25.515 to pay  Rs.30,268/- served by the OP to the complainant. An exparte interim order has been passed by this forum directing the OP not to disconnect the supply  of the power connection to the residence of the complainant  till disposal of this case.

                        On perusal of the complaint petition, document filed by the complainant, the written version and  written argument  of the Ops  the main point for consideration is whether the complainant had defaulted in paying electricity charges  and if so to what extend and whether the bill submitted by the Ops  on dt6.15.10.2014  and 24.3.15 are payable  by the complainant or not .

                        The Learned advocate for the complainant contended that though electric connection was supplied to the residential house of the complainant at Thuapadar on 1.8.2001 no  monthly bill in respect of electric charges were supplied to the complainant and suddenly in the month of October electric bill dt.15.10.2014 for the period 1.8.2001 to 30.09.2004 to the tune of Rs.10,921/- was supplied to the complainant demanding the electric dues to which the complainant had not paid but as bill were supplied from time to time the complainant paid the subsequent bills.

                        It is further argued that  on 21.3.2010  the SDO,WESCO issued a disconnection notice along with a bill of Rs.13,167/- which is outstanding  against the complainant. After receiving this notice the complainant served a pleader notice to the Executive Engineer, WESCO,DWED and SDO,WESCO,KWED stating that the amount claimed is barred by limitation  under Section 56(2) of the Electricity Ac;t,2003.Without giving any reply to the notice4  the OP again served an outstanding electric charges of Rs.30,268/-on 24.03.2015 . Advocate for the complainant further agued  that since Govt. of Odisha has terminated the contract with Wesco,SouthCo.,Notrhco and WESCO utility was  in charge of billing the above notice for disconnection was illegal. On this  basis and on the ground that the demand of barred by limitation the complainant approached this forum for a relief as stated in consumer complaint  petition.

                        On the other hand the Learned advocate Sri N.Pattnaik and associate appeared  on behalf of the Ops and filed written version and also written argument. The  contention of the OP is that they have given regular bills  from 30.09.2004 and  the complainant  deliberately avoided payment of electricity charges and is a defaulter of electric bill. From the averment made by both the parties two things are admitted, One is that power connection was given to the residence of the complainant on 1.8.2001 and second for the 1^st time electric charges bill amounting to Rs.10,921/-   was issued on 15.10.2004.

                        There is also no dispute that the OP issued disconnection notice on 21.3.2010  unless outstanding electric charges   of Rs.13,167/- is  paid  and on 24.3.15  the OP issued another disconnection notice  to pay outstanding electrical charges of Rs30,268/- . The OP  failed to realize the outstanding amount or disconnected the power supply nor replied to the pleader notice given by the complainant.

                        In view of the above argument whether the  demand made by the OP on 15.120.2004,21.3.2010  and 24.3.15 are barred as per electric act. The complainant relied on citation reported in 2012(II)OLR855 in a WP ( c ) No.16411 of 2011 in support of his contention. The plain regarding  to Section 56(2) of Electric Act 2003 is as below. 56(2) “Not withstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became  first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.” Supply of the electricity Section 100(2) of OERC Distribution(Condition of Supply) Code 2004 on literally had the same wordings.

                        Going through these judgment and the spirit behind the same we felt that  the Electric Act 2003  and OERC Code 2004 prescribed a time  bound to realize  a demand but if the same is not demanded  and the electricity company could not realize the outstanding dues the Section 56(2) can be applied.

                        In the  case in hand power supply was connected on 1.8.2001  but no bill is served till 15.10.2004 where the OP demanded Rs.10,921/- from 1.8.2001  to 30.09.2004.  Disconnection notice was send  as stated earlier on 21.3.2010 demanding Rs.13,160/- and again on 24.3.15 demanding Rs.30,268/- . Though power supply was not disconnected the OP claim  that both  the  bills including the earlier outstanding dues. The complainant admitted that after receiving the 1^st bill dt.15.10.2004 they   are   supplied with bills in  two month interval and he  started paying the  amount of those bill .  The OP disputed that the complainant has not paid the full amount of the bill supplied to him after the 1^st demand notice.

                        The complainant has not specified what  actual amount he has paid after getting regular bills from the Ops. But  it is admitted that after 15.10.2004 the complainant is  aware of the outstanding dues and the disconnection notice claiming outstanding dues includes the earlier dues. So in our opinion Section 57(2)  of Electric Act 2003 will not be applicable to the outstanding dues accrued after 15.10.2004.

                        As admitted by both the parties and perusing the computerized bill submitted by OP along with written argument the O.P 1^st time prepared the electricity bill on 15.10.2004. the complainant  is neither any knowledge of the dues not paid any amount during that period. So considering the above facts and  related laws we are of the opinion that the OP cannot recover the dues from the  period of two years from the date of supply of power to the residence of the complainant  dt.1.8.2001 to 1.8.2003. But the complainant is top pay the outstanding electric charges from the period 1.9.2003 till date to the Ops.

                        Hence, it is ordered that the complainant is exempted to pay electricity  charges from 1.8.2001 to 1.8.2003 and it is further ordered that the Ops will not demand the electricity charges of that period  but will prepare a fresh electricity charges bill from 01.09.2003  till  receipt of this order splitting the bill on monthly basis and  is entitle to recover  the same deducting  the  electricity charges paid by the complainant from time to time. In case of non payment  as above the O.P can take recourse to Electricity Act 2003 for recovery of the same. The interim order dt.31.03.2015 is disposed off accordingly.

                        Pronounced in open forum today on this 30^th day of August,2017 under the seal and signature of this forum.

                                Member                                                                            President

Documents relied upon:

By the complainant:

1. Copy of Electricity Bill dt.15.10.2004,29.01.15,22.3.15,17.11.14,11.9.14
2. Copy of disconnection notice  dt.21.3.2010
3. Copy of letter to the Ops.dt.29.03.2010

By the Ops:

1. Details of electricity bill- 3 pages.

                          President