DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 27th day of November, 2017
C.D Case No. 119 of 2015
Abanti Kumari Jena
W/o: Bharat Jena
At: Sugo
Po: Ertal
Ps: Basudevpur
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer, Electrical
North Electric Division, Bhadrak
At/Po/Dist: Bhadrak
2. S.D.O, Electrical
At/Po/Ps: Basudevpur
Dist: Bhadrak
3. Junior Engineer, Electrical
No- 1, Basudevpur
At/Po: Basudevpur
Dist: Bhadrak
…………………………..Opp. Parties
For the Complainant: Sri J. B Agasti & Others
For the O.Ps: Sri H. Pati & Others
Date of hearing: 05.08.2017
Date of order: 27.11.2017
SRI RAGHUNATH KAR, PRESIDENT
The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against the complainant is to the effect that the complainant is a consumer under the O.Ps vide consumer No. B1-720021.
That, the complainant has alleged that illegally the O.Ps have sent a letter of provisional order U/s 126 (2) of Electricity Act (2003) dt. 09.03.2015 to the complainant where the O.Ps have assessed to deposit of Rs 29,882/- as unauthorized use of electricity for a period of 12 months. The complainant has further alleged that, the O.Ps have illegally assessed the electricity charges open the complainant & blamed him as he was using the electricity unauthorized & the complainant have filed the objection there to on 09.03.2015. According to the complainant the meter was ok, functioning properly, there was no bypass or playing of any mischief. He has further alleged that the O.Ps have whimsically assessed Rs 29,882/-. The O.Ps have threatened to disconnect the electricity connection from the dwelling house of the complainant. In view of the said disconnection notice the complainant has sent reply there to. After receiving the said disconnection notice the complainant has sustained mental agony. Finally on 05.11.2015 the O.Ps threatened to the complainant to disconnect the electric supply to his dwelling house. Hence he has taken shelter under this Forum. The complainant has sought for the following reliefs.
a. The O.Ps be directed to exempted the fine amount of Rs 29,882/- from the complainant.
b. The cost of the litigation be awarded & Rs 5000/- be awarded to the complainant by the O.Ps for mental agony.
Documents filed by the complainant
1. Xerox copy of the fine amount to Rs 29,882/- on dt. 09.03.2015.
2. Xerox copy of the bill dt. 21.08.2015.
3. Xerox copy of the postal receipt.
4. Xerox copy of the application.
5. Xerox copy of the provisional order of the final assessment U/s 126 (2).
The O.Ps have appeared through there concerned advocate and filed their written version. Such as they have challenged there maintainability of this case in this Forum. They have also challenged that the complainant have no cause of action. The O.Ps have denied the averments made in the complaint in toto. It is a fact that on 21.02.2015 the premises of the complainant was verified & it was detected that the complainant was availing power supply illegally unauthorized through connecting an extra cable from incoming on the meter by bypassing a load of 1.5 KW. The proceeding U/s 126 (2) of the Electricity Act it is an authenticated law that after detection of such unauthorized use of electricity for excess load for 1.5 KW from her permitted load. After the provisional assessment made on 009.03.2015 there was final assessment order on dt. 07.04.2015 U/s 126 (2) Electricity Act. As per the final assessment order calculation was made & Rs 29,882/- was levied upon the complainant. As alternative remedy is available & special statutory body is there to adjudicate the appeal U/s 127 of the Electricity Act. It is the primary duty of the complainant to prefer & appeal U/s 127 of OE Act, he should have preferred an appeal before the competent authority against the order of the final assessment of U/s 126 of the OE Act. Without preferring appeal before the competent authority against the order of the electrical inspector, filing a CD case before the D.C.D.R.F, Bhadrak is quite immatured. According to the OE Act after final assessment is made by the electrical inspector & the S.D.O electrical U/s 126 (2) of the there no scope to file a CD case before the D.C.D.R.F, Bhadrak. So it is primafacie that the O.Ps have caused no deficiency of service towards the complainant. Hence it is ordered;
ORDER
The complaint is and the same be dismissed on contest without merit & without cost. The complainant is at liberty to prefer the appeal before the competent authority U/s 127 of OE Act. The limitation is exempted because the matter was under subjudice under this Forum.
This order is pronounced in the open Forum on this day of 27th November, 2017 under my hand and seal of the Forum.
