Brief fact of this case is that, the complainant has a poultry firm in her native village obtaining loan from Odisha GramyaBank, Mining Branch,Keonjhar.Inspite of protest the OP1&2 connected electricity of 3KW to the farm on commercial basis.The complainant has been clearing all electrical dues of each month with much difficulties. On the otherhand, the OP1&2 has charged an excess amount of Rs.1224.08 on dt.12.03.23 for the month of 02/23 due to wrong meter reading which is too excessive. The Units appear on the bill is arbitrary with reference to the previous bill. The complainant appeal before the OP1&2 for necessary correction of the bill but they do not pay any heed which caused deficiency of service for which the complainant suffered mental agony and harassment. So the complainant prays to make correction of electricity bill of Consumer No.621311070931, covert from Commercial category to Agriculture category and waiver of arrear dues worth of Rs.88,216.00 and also prayed for compensation of Rs.10,000.00 for mental agony and harassment.
The complainant relies upon the following documents:
- Electric Bill.
- Copy of written complain.
- Copy of certificate from CDVO.
On the above complain the case is admitted and notice issued to the Ops for filing written version. The Ops filed their written version jointly. In their written version the Ops stated that the averment made in para-1 regarding the permanent resident of complainant is beyond the knowledge of the Ops and having consumer No.621311070931.The complainant has been getting power supply since 20.10.2015 with contract demand of 3KW as general purpose as per provision of Regulation 13(II) of OERC. So there is no deficiency of service. The electric bill is raised as per the consumption of energy and the complainant is a habitual defaulter of paying electric bill since long years. As per provisions of electricity laws it cannot be changed of Consumer to Agriculture from G.P. category. The Ops stated that such type of case should file before G.R.F.(General Redressal Forum)as per Sec,42(5) of the Electricity Act,2003.In view of the aforesaid provisions of laws of the land, the present complaint case is not maintainable in this Learned Commission and hence liable to be dismissed.
The OP relies upon the following documents:- NIL
On the above pleadings the following issues are framed to decide the case.
- Whether the case is maintainable?
- Whether any cause of action arises on this case?
- Whether Ops have made any deficiency of service?
- Whether the complainant is entitled to get any relief sought for?
FINDINGS
The complainant admitted that his electric connection to the Agriculture Farm was for commercial purpose but for earning his livelihood. The dispute regarding electric bills is not under the jurisdiction of this Commission. There is a separate Forum G.R.F.(Grievance Redressal Forum) of Electricity Deptt. As per the Regulation 13(II) of OERC conditions of Supply Code,2004 and Regulation 43 of OERC condition of supply Code 2019 G.P. category of consumer cannot be changed to agriculture category.The OP has filed a citation in W.P.(C) No.1704 of 2020 in which the present type of case is not entertainable and it should be filed before GRF (Grievance Redressal Forum) as per Sec. 42(5) of the Electricity Act,2003. So this Commission feels that the Ops have not made any deficiency of service .So this case is not maintainable and there is no cause of action arises in this case.
ORDER
The complaint petition being devoid of merits is dismissed without any cost.
