SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of not providing a new power supply to the Complainant’s premises and not allowing the Complainant to made his payments of arrear outstandings on instalment basis are the allegations arrayed against Ops.
2. Complaint in ‘short’ reveals that, Complainant’s house located at Keshpur Bazar,Kendrapara having consumer A/C No. 01022091, where an electricity arrear amount of Rs. 1, 79,220/- was pending. As per the order dt. 20/01/2017 of GRF, Paradeep, the arrear amount was revised to Rs. 95,7222.43/- as reflected in the monthly energy bill dtd. 22/08/2017. It is revealed from the Complaint petition that, Complainant has another pucca house over Plot No.48, Khata No.-4, Mouza-Keshpur, where, he intends to take a separate power supply, but the power supply is denied by the Ops on the ground that, Complainant has not cleared his earlier arrear outstandings. It is also revealed from the Complaint petition that, Complainant is unable to clear the arrear outstandings at a time and if the arrear outstandings are fixed on instalment basis into Rs. 2500/- per month, Complainant will be able to clear the outstanding dues. The cause of action of the instant dispute arose when Complainant, sent a Regd. letter to Ops on dt. 1/9/17 for fixation of instalments for payment of arrear dues and to provide a new service connection to the Complainant and the said request of the Complainant is not considered by the Ops. Hence, the complaint before this Forum, seeking a direction to Ops on passing an appropriate order to receive Rs. 2500/- as monthly instalments per month in addition to current dues to clear the arrear outstandings and to provide a new service connection to the house of the Complainant situated over Plot No.48 along with cost of litigation be awarded in favour of Complainant.
3. Upon Noticed the Ops appeared through their Ld. Counsel Mr. P.K.Samal and Associates. Ops in their written statement averred that, Complainant is a domestic category of consumer under Ops bearing consumer No. 01022091.As per the order in C.C.Case No. GRF/KED-1/543/2016 of GRF, Paradeep, and the Ops revised the energy bills as per CL-97 of OERC for the period from 9/2016 to 4/2007 and from d/2015 to 8/2016. After revision of arrear outstandings, Complainant has to pay Rs. 95,652/- upto Oct-2017 as arrear dues. It is also revealed from the written version that, on non-payment of arrear dues power supply has been disconnected to Complainant’s premises on dt. 24/11/2017, U/S 56(i) of I.E. Act, 2003. It is also averred that new power supply is prohibited to Complainant under Regulation 10(i) of OERC-code, 2004 and by the order of the GRF, Paradeep, liberty is given to Complainant to approach the OMBUDSMAN, in case of any dissatisfaction on order of GRF, Paradeep. As the revision of energy bills has already been complied, Ops can’t be forced to realize the amount on instalment basis and the Complainant has foisted a false against the Ops, where no deficiency in service is committed by the Ops, hence the Complainant is to be dismissed with exemplary cost.
4. Heard the arguments advanced by ld. Counsels for the parties. Complainant to substantiate his case filed copy of the order of GRF, Paradeep dt. 27/01/2017, copy of monthly energy bill, letter dtd. 1/9/17 addressed to Ops by Complainant along with postal receipts and Xerox copy of R.O.R. of Complainant on Khata No. 4, Mouza-Keshpur on the other hand, Ops filed consumer billing statement of Complainant starting from 3/2005 to 10/2017.
The admitted facts of the case are that Complainant is a domestic category of consumer under Ops bearing Consumer No. 01022091. It is also admitted that, an arrear outstandings of more than Rs. 95,000/- is pending on the Complainant after its revision, on the order of the Honbl’e GRF, Paradeep, dtd. 27/01/2017. It is further admitted that, power supply to the Complainant’s premises has been disconnected on non-payment of arrear dues. It is further admitted that, anew power supply to the Complainant another residence is denied by the Ops on non-clearance of arrear dues.
The grievance of the Complainant in the present complaint are two fold in nature. The First grievance of the Complainant relates to payment of arrear outstanding dues. During course of argument, Ld. Counsel for complainant submits that, he has no grievance regarding the procedure and quantum of arrears as reflected in the energy bills provided by the Ops, on its revision on the order of the GRF, Paradeep and there is no dispute on regards to order of Honbl’e GRF, Paradeep. But, Complainant is unable to pay the said arrear amount at a time, and requests for same easy monthly instalments to clear the loan dues. The same is vehemently opposed by Ld. Counsel for Ops by submitting that Complainant has already availed the financial benefits as per the order of GRF, Paradeep and no-additional benefits like ‘instalments’ should not be allowed in favour of the Complainant, by which the Op-service provider will sustain financial loss. In connection to first grievance of the parties, we are of the opinion that, if a few instalments are provided to consumer like Complainant to pay the arrear dues within a specific time limit and without affecting the financial interest of the Ops-service Provider and to facilitate a common consumer to clear his outstanding dues as per chapter X of Regulation-95 of OERC-code-2004 as amended upto-2011, the purpose will be solved, though the Regulation 95 is solely meant for specific persons. However, it will be lawful, if the Complainant is paid 1/3rd of total arrear outstandings at a time and the balance arrear outstandings in 12 monthly instalments in addition to current monthly energy charges. It appears from the consumer billing statement provided by the Ops that, the Complainant has an amount to Rs. 95,651.88 or Rs. 95,652/- arrear outstandings upto Oct-2017, on payment of 1/3rd of the amount, which comes to Rs. 31,884/- which is to be paid by the Complainant at a time. After the said payment, the balance arrear remains, Rs. 95,652/- - Rs. 31,884/- = Rs. 63,768/-, accordingly, the Complainant will pay balance Rs. 63,768/- in 12 equal monthly instalments @ Rs. 5,314/- ( Rs. Five Thousand three hundred Fourteen only)per month in addition to current monthly energy dues, which will comment from the very next month of payment of 1/3rd amount of arrear outstandings i.e, Rs. 31,884/-. In respect to second part of the grievance, it is stated by the Complainant that, Ops are denying a new service connection to another house of the Complainant located over Plot No. 48, Khata No.4, Mouza-Keshpur, Tahasil –Kendrapara on the grounds of pendency of arrear dues. On the other side, Ops citing the Regulation 10(i) of the OERC-code-2004 denies the new power supply. In this dispute, we are of the unanimous view that Regulation 10(i) is not applicable to the present proceeding though admittedly an arrear outstanding is pending on the Complainant, but the said clause is meant for ‘same premises’, in the dispute nothing is produced by the Ops that, the Complainant has applied for a new service connection for the ‘same premises’, where there is pending of arrear outstandings. However, observations in previous paragraphs cleans the position of arrear outstandings of the Complainant, further no elaboration needs in this regard and Complainant is entitled to a new service connection as per our observation and Regulation 10(vi) of Chapter III of OERC-code-2004 as amended upto 2011.
A petition was filed by Complainant-Petitioner for registration of power supply, bearing I.A. Misc case No. 45/17, which arises out of the present Complaint. The petition was taken up for consideration along with the final hearing of the C.C.Case. The contentions of the parties regarding disconnection of power supply to the Petitioner’s premises arises due to non-payment of arrear dues. As in the previous paragraphs we, have expressed, Our views clearly regarding pending and payments of arrear outstandings, So, the arrear outstandings of the Complainant is not a legal barrior for restoration of power supply, if observations are complied by the Petitioner. Accordingly, with this directions/ observations the I.A. Misc case No. 45/17 is disposed of.
Having observations reflected above, it is directed that, Complainant-Consumer shall pay Rs. 31,884/- to the Ops along with usual reconnection charge for restoration of power supply to the Complainant’s premises bearing consumer No. 01022091, on receipt of the said amounts, Ops will restore the power supply within 48hrs. The remaining outstandings dues will be paid by the Complainant as per our observations made earlier. It is further directed that, Ops will give a new power supply, considering the application of the Complainant, if submitted earlier, as per the description on the Complaint on compliance of other formalities and provisions. The order is to be complied by the parties within one month of receipt of this order, failing which action will be initiated against the defaulting parties for its non-compliance as per the provisions of C.P.Act-1986.
The complaint is allowed in part on contest, without any cost.
Pronounced in the open Court, this 23rd day of December,2017.
I, agree. I, agree
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
