JUDGEMENT

A.K Patra ,President 

1. This Complaint is filed by the complainant named above inter alia alleging unfair trade practice & deficiency in service on the part of the Ops for illegal  collection of meter rent @ Rs.20/- per month for more than five years, and for non supply of 220-240 volts and for raising of fictitious arrear bills of an amount of Rs.12,678.59 on the bill dt.19/12/ 2019.
2.  The complainant has  prayed for the following reliefs:-

1. The opposite parties be held guilty on account of adopting unfair trade practice as well as service of the Ops are deficient in the matter of non providing of voltage of 220-240 ,raise rent after 5 years and preparation of fictitious bill for an amount of Rs.12,678.59,
2. the impugned arrear bills be declared bed in the eye of law and quash the arrear electricity bill for an amount of Rs.12678.59,
3. award compensation in favour of the complainant for low voltage problem according to the provision of law and further direct the Opposite Parties to return the meter rent received after five years from the date of its installment along with 12% interest,
4. as  the Ops raise huge amount of fictitious arrear bill for that the complainant sustain mental agony hence, the opposite party shall be directed to pay Rs.50,000/- as compensation to the complainant for mental agony,
5. the Hon’ble Forum may be pleased to pass any other order as to the cost and compensation as it may deem fit &  proper in the circumstances,
6. and the Hon’ble 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 facts of the complainant emerged from the complainant petition & documents filed there with is that, the complainant has availed electricity connection to his resident for domestic purpose vide Consumer No.903511070076, Old A/c No.DOM-7A-19/4A/1,Domestic category being supplied by the Ops for consideration and that ,the complainant has been paying the bill for   consumption of electricity regularly as raised by the Ops time to time.  The meter bearing No.01264343 installed in the premises of the complainant   was supplied by the Ops along with proper temper proof seal. The OP has been collecting meter rent @ Rs.20/- per month for last seven years since the date of installation of the meter whereas the statutory provision of collection of meter rent is up to five years only in case of meter supplied by the distributor/Op. The complainant has been paying electricity bill @Rs.400/- to Rs 500/- per month approximately. The complainant   has filed the electric bill dt.21.3.2019 vide Annexure-1 which shows consumption details of consumer No.903511070076 category DOM, load 4 KW, meter reading status 7696 bill amount Rs  431, arrear Rs.6.20. It is further submitted that on 12.12.2018 the officer of Vigilance Cell of Ops inspect the meter installed in the premises of the complainant and prepared an inspection report bearing No.1278832 dt.12.12.2018 against the Consumer No.903511070076 Category DOM, Meter No.01264343, Meter reading status 7380 , Contract demand 4 KW, Load verification 1 WK with a remark that  meter Slow which was received by the complainant with objection alleging that, the report is false and fabricated . Said inspection is annexed as Annexure-2 with the complaint petition for reference. In spite of such protection, the complainant has received on computer generated printed hand bill on 19.12.2019 which contain no bill number & date , bear no signature of the issuing authority. The Bill reveals that, bill for the month of November 2019, Consumer status:- regular, Category:- DOM, Load :-4 KW, Meter reading status:- 8807, Meter No:-.01264343, Meter owner:- Company, Bill basis:-Actual, Bill unit:-84, meter rent :-Rs.20,Bill amount:- 382.05 and arrear :-Rs.12678.59 . Soon after receiving of such fictitious bill the complainant approached the Ops raised his objection and requested to revise the bill but the Opp.Party advised the complainant to pay the bill amount or otherwise the electric connection will be disconnected to his premises. It is further submitted that, the complainant has never entered into contract for supply of 4KW with Ops as mentioned in the bill as well as in the said  inspection report. The Ops have been collecting meter rent @ Rs.20/- per month arbitrarily for more than 5 years. The Ops are neglecting to supply agreed voltage of 220 – 240  . The status of the complaint is regular and there is no outstanding arrear dues for consumption of electricity and that, the bill dt.19.12.2019 with an arrear of Rs.12678.59  is fictitious one need to be waived declaring it as bed in the eye of law.
4. On being notice, the Opposite Parties appeared through their learned advocate Shri A.K.Pattnaik and filed written version denying the petition allegations on all its material particulars. However, admitted the fact  that, the complainant is a consumer of the Ops. It is contended that, the Opp.Parties are guided by Odisha Electricity Act and its regulatory body. There is provision for inspection of equipment, machine & device installed in the premises of the complainant /consumer and after inspection of record maintained by any person if it is found any irregularity or conclusion drawn is that such person is indulged  in unauthorized use of electricity , he shall provisionally access to the best of his judgment. The electric charges is payable by such person for their such irregularities & unauthorized use of electricity. It is stated that, Ops have rightly demand amount of Rs.12,678.53 as arrear of electricity bill dues against the complainant. It is further submitted that, the vigilance report clearly reveals that:- the complainant had tempered the meter and has rightly imposed penalty as per OERC guideline and there is no cause of action for this complaint rather it has no merit liable to be dismissed with cost and that, the complainant is not entitle for the relief claimed in his complaint petition.
5. Neither the complainant nor the Opposite Party turned up to take part in the hearing of this case. So also parties have not adduced their evidence affidavit as prescribed under C.P.Act to substantiate their respective claim. However the averment of complaint petition is supported by an affidavit of the complainant is taken into consideration.
6. Here in this case the complainant is a consumer of electricity being supplied by the Ops for consideration and that, the complainant has been paying the bill for consumption of electricity regularly as raised by the Ops time   is not disputed. It is not disputed that, the Ops has been collecting the meter rent since installation of meter for more than seven years.
7. Inspection of the premises of the complainant by the Vigilance team of OP is also not disputed. So also imposition of penalty of a Rs.12678.53 raising the same in the bill dt.19.12.2019 as arrears is also not disputed. Rather the OPs have claimed that, as per the inspection report they have raised the bill of Rs.12, 678.53 as arrear in the bill. However, the complainant averment supported by an affidavit that, his objection against the illegal imposition of penalty by way of arrear bill is nor heard by the Op s remain unrebutted.
8. There is no iota of evidence placed on the record by the Ops that, the grievance of the consumer rose against such imposition of penalty has beer been heard. It may not b e disputed that, every consumer has right to be heard and the Ops/Service provider is duty bound to redress the grievance of the consumer/here the complainant. Imposition of penalty and raising it as arrear bill in the alleged bill dt.19.12.2019 ingoing the protest/grievance of the consumer/complainant is certainly an act of   unfair trade practice and deficiency in service on the part of the Ops no doubt caused financial burden and mental agony cannot be ruled out.
9. The complainant has alleged low voltage of electricity supply but we have found no cogent evidence placed on the record to hold that the Ops have ever neglected to maintain supply of adequate voltage as agreed with the complainant as such  allegation of supply of low voltage raised by the complainant is  not acceptable against the Ops.
10. The complainant has failed to adduce any evidence towards the agreement of electric supply less than that of 4KW as alleged in the complainant petition as such, in absence of cogent evidence we are unable to hold that, the complainant has been using less than 4KW load of electricity as detected by the Op s during inspection of the premises of the complainant.
11. There is nothing material available on record that, the Ops are not entitle to collect meter rent @ RS 20/- per month from the consumer/complainant for use of their meter installed by the Ops in the premises of the complainant for more than five years as such claim of exemption from payment of meter rent @Rs.20/- per month is not acceptable.
12. Based on aforesaid discussion, we found unfair trade practice and deficiency in service for imposition the penalty amount of Rs.12678.53 rose as arrears in the bill dt.19.12.2019 against the complainant without giving an opportunity of being heard to him and by ignoring the protest raised by complainant Hence, it is order.

                                     ORDER

           This complaint is partly allowed against the Opp.Parties on contest. The Opposite Parties are directed not to collect the penalty amount of Rs.12678.53 and to waive the said amount shown as arrear against the complainant vide Consumer No.903511070076 . No order as to cost and compensation. The Opposite Party  are   further 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 jointly & personally liable to pay compensation of Rs. 200/-(two hundred ) only  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  31^st day of May 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