ORDER

Shri A.K.Patra,President:

1. This Complaint is filed by the complainant named above inter alia alleging deficiency in service & unfair trade practice on the part of Ops in providing proper bill on time as prescribed towards consumption of electricity being supplied by the ops for consideration caused results financial burden & mental agony to the complainant.
2. Complainant seeks for an order directing the O.Ps to exempt the entire electricity bill from 07/04/2021 to December 2022 amounting Rs. 22,328/-and to adjust Rs.10,000/- (deposited as arrear Bill) in the electricity bill w, e f. April 2023 and further prayed for an award of compensation of RS.10.000/- towards financial burden& mental agony with litigation cost of Rs.5,000/-
3. The facts of the complaint in brief are that, the complainant has availed electricity connection to her residential premises for domestic purpose vide Consumer No.80026838625 .It is alleged that, the Ops are deficient & negligent in providing proper electric bill for consumption of electricity on time as prescribed and all of a sudden a bill for the period of  07 April 2021 to December 2022 amounting Rs. 22,328/- is served upon the complainant which is protested by the complainant  as it caused her financial burden & mental agony. It is further alleged that ,  the date of installation of new meter mentioned there on the bill is not correct. She approach to the Ops time & again to collect bill and so also approached  for rectification of the bill but the Ops could not respond her grievance .However, the complainant has paid the part of arrear bill as well as she has been paying the current bill for consumption of electricity regularly as demanded by the ops time to time to avoid disconnection of electricity to her resident as threatened by the Ops and hereby taken shelter of this commission by presenting this complaint .
4. To substantiate her claim the complainant has filed the electric bill for the month of December 2022 and money receipt towards payments of arrears bill vide Annexure I to  V of this complaint petition .
5. On being notice, the Ops appeared through their learned counsel Mr. N.R.Mishra and filed their written version admitting the facts that, the complainant is a consumer of electricity being supplied by the Ops authorities for consideration. However, denied the complaint allegation of deficiency of  service & unfair trade practice on their part OPs.
6. The Ops contended that, electricity power supply was given to the consumer/complainant on dt. 07/04/2021 by installing a new VISIONTEK Meter having SL.No. CRO41977.The bill was generated on average basis during the month of April 2021 and there is  arrear amount of Rs. 22,329/- on the month of 12/2022.The ledger statement is annexed there with the written version asc annexure –II.  It is further submitted that bill was revised during the period from April,21 to December,22 for 21 months , the average basis 217 unit and an amount credited Rs.732/- from the consumer bill, the deposit amount ofaRs.11012/- is adjusted to the consumer bill in the month of March,23 after credit the revised amount. After the revised amount consumer is to pay Rs.11,460/- .The revised statement is annexed as annexure III of the written version.  
7. The Op further submitted that, complainant is a rank defaulter of payment of electricity dues and has initiated this case in order to linger payment of the arrears bill for consumption of electricity.
8. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
9. Complainant has raised negligence & deficiency of service on the part of the Ops  for non supply of bill regularly towards consumption of electricity .
10.  The Odisha Electricity Regulatory Commission Distribution(Condition of Supply)Code 2019 Sec.148 contends that :-“the charges payable by the consumer for supply of electrical power and other sum payable to the  licensee/supplier shall be billed on Pro-rata monthly basis indicating the period for which charges have been levied. When supply to a consumer is commence or an agreement is terminated on a day other than the first day of a month demand charges and other chargers as applicable under traffic notification shall be levied pro-rate for the number of days during the month of which supply shall have been given or agreement have been in force”.
11. Here in this case, it is not disputed that the complainant has consumed electricity as such we are of the opinion that during the disputed period of 7.4.2021 to December,2022 as such we are of the opinion that the consumer is duty bound to pay the bill for consumption of electricity to the OP. Accordingly, the prayer for exemption of the entire electricity bill from 07/04/2021 to December 2022 amounting Rs. 22,328/- is not acceptable.
12.   It is  proved on admission that the OP has failed to take actual meter reading and calculate the bill on average basis  for the period of April ,21 to December,22 though the meter was installed on 7.4.21 and not performed his statutory obligation as contended therein under Sec.148 of OERCD(Condition of Supply) Code 2019. Rather a   bill for an amount of Rs.22,329/- is served on the complainant in the month of December,22 threatening disconnection of electric supply on default of payment of such a huge amount of arrear bill,  clearly proved the negligence and deficiency in service on the part of the Ops, certainly caused financial burden and mental agony to the consumer cannot be denied.
13.  Based on above facts & circumstances we are of the opinion that,  the Ops have neglected &  deficient in service for non supply of electric  bill regularly to the consumer/complainant as prescribed under OERC(Condition of Supply)Code 2019, as such there is sufficient cause of action to bring this complaint and it is well within the jurisdiction of this Commission. Hence, it is order.

                                        ORDER

This consumer complaint is allowed in part against the Opposite Parties on contest with the following direction:-

The Ops are directed to take meter reading regularly & issue regular bill to the complainant/consumer for consumption of electricity as prescribed manner and to pay compensation of Rs.10,000/-towards financial hardship & mental agony caused to the complainant due totheir negligence and deficiency in service.

The Ops are further directed to pay Rs.3,000/- towards cost of litigation.

The Opposite Partyarefurtherdirectedto make compliance of theaforesaid Order withinfour weeksfrom thedate ofreceiptof thisorder falling which the Opposite Party shall be liable to pay delayed compensation of Rs. 100/-(One hundred) 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 the open Commission today on this 9^th October,2024 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