Orissa

Kalahandi

CC/34/2021

Ajaya Kumar Mishra,aged about 67 years - Complainant(s)

Versus

Executive Engineer Kalahandi East Electrical Division - Opp.Party(s)

Satyen Choudhari & Associate

22 Mar 2023

ORDER

Counsel  :

For the Complainant: S. Choudhary, Advocate, Bhawanipatna

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

            

  JUDGEMENT

1. This Complaint is filed against the Ops alleging deficiency of service for negligence of service of regular electric bill and for illegal disconnection of electricity supply without giving prior intimation to the complainant.
2. The complainant has  prayed for following reliefs:-

1. The impunged arrear bill for Rs.1,20,688.94 raised by the Opposite party company shall be quashed.
2. The Opposite party be held guilty on account of adopting unfair trade practice as well as deficiency in service in the matter of raised arrear bill.
3. direct the O.Ps  to pay cost of inverter, battery and automatic voltage stabilizer install by the complainant for alternative arrangement & necessary order may be pass in compliance with the provision describe in Electricity Regulation 2004.
4. The opposite party shall be directed to pay Rs.50,000/- only age compensation to the complainant for mental agony physical pain and cost of litigation, which may be assessed Rs.10,000/- only in this case.
5.  the Honourable Commission may please be passed any other order as to the  cost and compensation as it may deem fit and proper in the circumstances.

3. The briefs fact statted by the complainant is that , the complainant is a permanent resident of irrigation colony PO/PS- Bhawanipatna (Town) District Kalahandi. The complainant has        avails electricity  connection to his resident for domestic purpose vide consumer No.903514060009 old consumer number DOM-13B-2/2C/A. Since the date of electricity connection the Opposite party Serve electricity bill up to October,2011 and thereafter no electricity bill raised for the consumer NO.903514060009 instead of the complainant pay periodically, for consumption of electricity. On dt.21.07.2018 the complainant suo moto pay an Rs.1000/- for consumpetition of electricity. A Xerox copy of receipt No.B40529075 dt.21.07.2018 is annexed as ANNEXURE No.1of the complainant petition. It is further stated that , the O.Ps or their authorized  agent never visit the premises of the complainant nor they serve any bill or notice to the complainant . Since the year 2021 the TPWODL took charge of supply/transmission, distribution and trading in electricity and earlier to this WESCO Utility has deals with the same affairs. It is further stated that , in the month of February, 2020 the meter of the complainant installed in the  premised was burnt due to supply of low voltage electricity and the complainant had inform the O.ps to chance the burnt meter. The O.ps take immediate action to replace the burnt meter. But no bill was served on the complainant for collection till end of June,2021. Suddenly on dt.13.07.2021 the collection agent of the O.ps serve a bill for consumption of electricity for 8 months with meter reading status 8862 to 12239 (for 3377 units)  including arrears of Rs.1,20,688.94 total  amount of Rs.1,35,995. The bill was rage for consumption of electricity for consumer No.903514060009 without proper meter reading. The bill serve on the complainant does not bear any bill number or its bear signature of any authority or agent, who issue the said bill also the bill, does not bear any digital signature or seal. Hence, the bill served on the complainant does not have any authenticity. Except the prepare slip dt.13/07/2021 no bill was serve to the complainant or the complainant has received any notice under section 56(1) of electricity Act, 2003 towards demand of arrear bill for consumer No.903514060009 from the O.Ps till end of June,2021.In this connection the complainant download the information from the  official website of the O.ps where the meter reading was shown “0” form October ,2018 to November ,2019 and 200 unit in the month of December ,2019 and further meter reading was show at a increase rate periodically  without proper meter reading as most of the month the meter reading was mention as “0” . A copy of the said meter information download from the Official web side of the O.ps in annexed with the complainant petition as ANNEXURE NO.2. Since more than 2 years the Opposite parties or any agency authorized by the Opposite parties neither issued any regular bill not issue any notice to the complainant for demand of arrear bill under section 56(1) of electricity Act, 2003.Last evening i.e.29.07.2021 the O.Ps disconnect the electricity supply  to the premises of complainant without completing any notice under section 56 (1) of Electricity Act, 2003.It is submitted that, the paper slip raise dt.13.07.2021 towards the consumption of electricity and disconnection of supply of electricity to the premises of the complainant is illegal and arrear bill if any raised is barred by limitation under section 56 Sub-section 2 of the Electricity Act, 2003. It is further submitted that, the O.Ps fails  to provide uninterrupted electricity, during evening hours to next morning electricity is cut off for several hours, again the O.Ps fails to provide adequate volt of electricity 220-240 . It is further submitted that,now a days, electricity  is an essential service and without electricity it is not possible for smooth run in daily life, for that complainant  compelled to installed a automatic voltage stabilizer to increase electricity Volt during supply of low voltage electricity  and also install a inverter along with battery for uninterrupted use of electricity which is alleged as  a clear violation of provision of Electricity Regulation  Act, 2004. It is further alleged that, the O.Ps are committed an unfair trade practice as well as the service of the O.Ps are deficient. Hence this Complaint.
4. On being notice, the Opposite Parties appeared through their learned advocate and filed written version denying the petition allegations on all its material particulars, However it is not disputed that the  complainant is a consumer of electricity being supplied by O.Ps. The fact that, the  agent  of O.Ps never  visit the premises of the complaint is denied rather the agent where regularly visited the House of the complainant but in order to avoid to pay the electric bill when the agent visited his house most of the time the complaint  locked  his door, so the agent were returned with empty hand and when the complainant thinking  that, if he will not paid any amount then the OPS might be disconnect connection so in very dramatically the complainant paid an amount of Rs. 1,000/- in the month of July 2018 but prior to that, the complaint did not paid any single amount since the month of April 2015 to June 2018 though it is his duty as he was huge electricity in his house but instead to paying the electricity bill he avoid to pay any bill but even that, the O.P No.1 and 2 may times intimated through their staff to clear the due but was in vain, more so after feed an amount of Rs 1000/- in the month of July 2018 again the complainant remain silent and subsequent period he complained that his meter was not working properly so the matter should to be changed and by the that time the complainant assured that he will clear all the dues after changing of meter so the O.P No.2  change his meter  in the month of October 2019, but even after, the complaint did not paid any amount till June 2021, more so during this period the O.P No. 2 serve one notice to the complainant to pay the dues but instead to clear the dues to the complainant did not shown any interest rather by taking various pleas remained silent.
5. It is further submitted that , the meter was not burnt due to low voltage rather it was born due to overload factor because if there was any voltage problem in their locality then every consumer should suffered but nobody has raised any objection regarding low voltage. It is further submitted that, the O.P No.2 has serve a disconnection to the complainant for payment but the complainant did not hear, and in subsequent period after receiving of disconnection notice form the O.P No.2 the complainant has paid some dues he knows that, he has not paid the bill after several requests, more so it is stated that, the law is well settled that, the admission is the best piece of evidence so when the complainant has paid an amount of Rs.70,000/- then he admitted that, he has a fault. It is further submitted that, the O.P No.2 has rightly disconnected the electric supply as the complainant did not respond notice  given to him earlier  to pay the bills raise for electric consumption. It is further submitted that, when the complainant  raise the objection that, when he download information from  the official website of the O.Ps, the meter reading was shown “0”,it was  because, at that time the meter was defective but even that as per load factor it was calculated automatically so the plea taken by the complainant is not  justified and it is not tenable in the eye of law. There is no cause of action  arose on Dt.29.07.2021 rather when the complainant did not comply the notice & failed to pay the bills on due period the O.P No.2 bound to disconnect the electric supply and thereafter the complainant voluntarily deposited the amount of Rs.70,000/- out of his whole balance amount. The complaint is not entitled to get any relief as he claimed rather  the complaint has no locus stands to file this case and it is only  to avoid paying of electricity due he has filled this case without any proper grounds .As such  this complaint is to be rejected with cost with a direction to pay the arrear as well as regular electric bill
6. Perused the material on record. We have our thoughtful consideration to the contention of the respective parties & submission of their learned counsel.
7. The complainant has filed their evidence on affidavit to substantiate his claim, the contention of which are corroborate with the averment of the complaint petition. The Opposite party have not turn up to file any evidence on affidavit as prescribed under C.P Act as such the evidence adduced by the complainant remain un- rebutted. By way of affidavit, the complaint has proved all his contentions
8. Here in this case, the complainant is a consumer of electricity being supplied by the Ops for consideration and that; it is only for domestic purpose is not disputed. It is also not disputed that, the complainant has been consuming electricity being supplied by O.Ps rather unable to pay the bills due to non –issuing of regular bill to him.  The O.Ps is duty bound to serve bill to the consumer every month or in   every two month.
9.  The O.ps have filed to prove that, they have served bill for consumption of electricity to the complainant regularly, rather it is proved form the meter reading details in respect to consumer No.903514060009 that, the O.Ps have not taken meter reading regularly for months together and raised bill of such a high amount arbitrarily against the complainant i.e from  Jan 2012 till June 2021. Plea of lock of house premises of the complainant without cogent evidence is not acceptable. There are many different modes to reach the consumer for taking meter reading and to serve bill for consumption of electricity. No evidence is there on the record to hold that, the ops have ever tried to procure the presence of the consumer/complainant for taking meter reading in his premises at any point of time .No alternative steps has been taken by the Ops to serve the electric bill regularly to the Consumer/complainant is certainly an act of negligence on the part of Ops. Demanding bill of Rs.1,30,995/- at once on 13.07.2021 demanding previous arrear bill with current bill  without serving bill for arrear on  earlier dates is found to be deficient in service certainly caused injuries such as financial burden & mental agony and disconnection of electricity for nonpayment of such a high amount of bill is certainly an arbitral act of the O.ps .   
10. The O.Ps have failed to proved that, any disconnection notice has been issued to the complainant prior to disconnection of electricity to the premises of the consumer on 29.07.2021  for nonpayment of such a huge amount at once as such it is clearly proved the unfair trade practice on the part of O.Ps.
11. Electricity as on date is a basic need .Disconnection of electricity to the premises of the consumer for nonpayment of such a huge amount caused in convenience to the complainant cannot be ruled out. Demand of huge amount of arrear at a time no doubt caused heavy burden to the consumer for which the O.Ps is to be restrained to act as such.
12. The complainant has not disputed the consumption of electricity regularly as such it is the obligation of a consumer/complainant to pay electric charges after receiving of the bill from the supplier/ops. Evidently the O.P has not issued any bill showing arrear earlier except bill dt.13.07.2021. Law is well settle that, any sum due for any consumer shall not be recoverable after a period of 2 years from the date when   such sum became due unless such sum being shown continuously as recoverable, as arrear of charges of electricity supply and the license shall not cut of the supply of electricity for nonpayment of bills to the O.ps.
13. Admittedly the  O.Ps have filed to issue regular bill to the complainant however it is the duty of a prudent consumer  to asked  the O.Ps and volunteer  to pay after receiving a bill from the Ops. There is an  obligation  to pay the bill if it is not disputed .Here in this case the complainant has not disputed the appropriateness of the bill rather aggrieved for non service of regular monthly bill & for non taking of meter reading regularly by the end of every month as such the complainant is to pay the bill , however it may be in easy installment. It is well settled that a person should not be allowed to unjustly enrich himself.
14. Further the complainant has alleged low voltage of electricity supplied but we found no cogent evidence placed on the record to proved as such, hence this allegation is not acceptable against the ops.
15. Based on above discussion,  we are of the opinion that ,the Ops are neglecting to take meter reading & issuing of regular bill for consumption of electricity to the complainant and arbitrarily disconnected the electricity supply the  premises of the complainant for nonpayment of such a high bill demanded at once  which construe unfair trade practice and  deficient service on the part of ops towards the complainant certainly  caused financial hardship & mental agony as such complainant is entitled for compensation along with  cost of this litigation In the result, this complaint is allowed in part with the following directions-

  ORDER

The Opposite Parties are directed to take meter reading regularly & to issue regularly bill for consumption as prescribed to the complainant and to pay Rs 25,000/- as compensation to the complainant for suffering /mental agony caused to him due to the unfair trade practice & deficient service of the Ops and further directed to pay litigation cost of Rs.5000/- to the complainant.

 The Opposite Party  are   directed  to make compliance of the aforesaid Order within  four weeks  from the  date of  receipt  of this  order falling which the Opposite Party shall be liable to pay compensation of Rs. 500/- per day to the complainant till compliance of this order . Pending application if any is also stands disposed off accordingly.

        Dictated and corrected by me.

             Sd/-   

 President

I   agree.

      Sd/-               

Member                                        

         Pronounced in open Commission today on this  22^nd  day of March  2023 under the seal and signature of this Commission.

  The judgment be uploaded forthwith in the website of the Commission and  free copy of this order be supplied to the respective parties or they may download the same from the Confonet  to treat the same as copy of the order received from this Commission

         Sd/-                                                                           Sd/-

                     Member                                                              President