Orissa

Kendrapara

CC/35/2022

Narayan Das - Complainant(s)

Versus

J.E.-cum-Junior Manager(Elect.) - Opp.Party(s)

Sri G.B.Jena & Associates

16 Dec 2022

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/35/2022
( Date of Filing : 02 Aug 2022 )
 
1. Narayan Das
S/o- Late Kamapal Das At- Chatrapatna Ps/Dist-Kendrapara
Odisha
...........Complainant(s)
Versus
1. J.E.-cum-Junior Manager(Elect.)
TPCODL, Kendrapara Division At/Po/Dist-Kendrapara
Odisha
2. Asst.Manager (Elect.)
TPCODL, Kendrapara Division At/Po/Dist-Kendrapara
Odisha
3. S.D.O. (Elect.)
TPCODL, Kendrapara Division At/Po/Dist-Kendrapara
Odisha
4. Executive Engineer-cum-Manager(Elect.)
TPCODL, Kendrapara Division At/Po/Dist-Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Prabodha Kumar Dash PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri G.B.Jena & Associates, Advocate for the Complainant 1
 Sri Pramod Ku. Samal & Associates, Advocate for the Opp. Party 1
Dated : 16 Dec 2022
Final Order / Judgement

MR. PRABODHA KUMAR DASH, PRESIDENT:-             

                         The present C.C.Case filed by Complainant for arbitrary, illegal action of Ops (Electric Licensee, TPCODL) after the licensee Enzen.

Brief Facts:-

                          The Complainant meter was changed by Enzen the then licensee when TPCODL taken over the same repeatedly pressed the Complainant to change the Energy meter. The meter reading from Jan,2022- Rs. 130.29, Feb,2022-Rs. 151.52, Mar,2022 i- Rs. 138.56 & Apr,2022-Rs. 148.08. Jan-2022 to Oct-2022 filed by the Ops mismatch with the amount of money payable as energy charges in Jan-2022 the bill amount Rs. 295/-, the Complainant paid Rs. 130/-. In Feb-2022, the bill amount Rs. 307/- but the Ops provided consumer bill Rs. 313/- which was erroneous and unfair trade practice by Ops. On which bill the consumer paid Rs. 155/-. In Mar-2022 the bill amount Rs. 291/-, the consumer paid Rs. 150/-. In Apr-2022 the bill amount Rs. 285/-, the consumer paid Rs. 150/-. In May-2022 the bill amount Rs. 263/-, the consumer paid Rs. 150/-. In June-2022 the bill amount Rs. 234/-, the consumer paid Rs. 135/-. In receipt dt. 25.06.2022 vide receipt No. 8002263 filed vide annexure but the Ops did not reflected in their statement of consumer in same months which is also deficiency of service. On dt. 04.06.2022 the Op TPCODL without consent of consumer forcefully charged the then existed meter which was free from any defect. When no male member present they used muscles power & removed the existed meter arbitrarily. The previous meter generated loss amount of reading & the poor consumer satisfied to give monthly dues as per bill regularly. The Ops after installed new meter the reading high and bill amount more than Rs. 1000/- each months after installed new meter by TPCODL the bill amount in month of July Rs. 1005. In Aug-2022 the bill was Rs. 1491/-, then in Oct-2022 it was Rs. 2277/-. 

Observations:-                    

                      The previous meter reading & bill amounts are Rs. 295/-, 307/-, 291/- 285/-, 263/- & 234/- for consecutive 6 months but the subsequent meter after of removal of exist was for month of July-2022 is Rs. 1005/-, for Aug-2022, Rs. 1491/- for Oct-2022 Rs. 2277/- are more than 4th, 5th, 7th 10 times the reading as well as bill amount.

                        Further the Ops (licensee) providing bill which are not legible & incapable of reading by an ordinary prudent man. All the above months bills are not readable but only plain paper where nobody can read in naked eye, such acts are unfair trade practice for which this Commission exercising its power impose a penalty of Rs. 25,000/- on the Ops to provide the same to the Complainant.

                     Further in Feb-2022 the Ops supplied bill amount Rs. 307/- but in their financial statement it was Rs. 313/- is completely injustice towards the bonafide consumer.

                      Further the Ops taking Rs. 80/- in July-2022 then Rs. 40/- in each months for meter taking charges also unfair trade practice under C.P.Act,2019 for arbitrary changed the previous meter. All the illegal activities are to prejudice poor consumer by corporate bodies. The average of 6 months bill amount Rs. 295+307+291+285+263+234=1675 / 6 = 279. The new meter installed by TPCODL bill amount was in July- Rs. 1005/-, Aug-Rs. 1491/- , Oct-Rs. 2277/-. The Ld. Counsel for Ops did not explained how the new meter raising 6th to 10 time energy bill.

                    The Ops further hiked the load from genus(10-40A) to HP(10-60A) illegally the Complainant/consumer. Previously installed the meter by verification of then licensee & there was no modification or alteration, addition to the wiring system and no extra fan, bulb, etc added therefore the licensee TPCODL committed illegality and arbitrariness towards an innocent poor consumer. Ld. Counsel for Ops submitted that the electric authorities done as per their rules which completely bereft of merit & the same not acceptable to this Commission.

                 Further we perused the energy bills & payment acknowledgement sheet, where the energy bill was only white paper without any print in it but the payment bill are clear which shows the deficiency as well as unfair trade practice as per Sec-2(II) & 2(47) of C.P.Act,2019 respectively.

                 We have been seen the corporate entity giving service are not genuine in their duties but only to harass the Complainant and victimize the consumer installing new meters without any reason.

                   The Ops are liable to revise the erroneous statement for month of Feb-2022 is Rs. 5,000/-. The Complainant will pay energy bill as per average of Jan-2022 toJune-2022 which was Rs. 279/- in each months and in an amicable settlement between the parties. The Ops are directed not to collect extra charges under the energy bill for meter changes till finalization of meter dispute. Though the Ops have taken away the previous meter for which the Complainant already made payment monthly wise. The Ops are taken previous meter without consent which value already paid by Complainant, such arbitrary and illegal action must compensate the poor consumer.

              O r d e r

                    It is directed that the Ops shall revise the bill of the Complainant and can’t raise energy bill more than 6 months average from Jan-2022 toJune-2022. Further the Ops are directed to take energy charges from the Complainant as per previous meter reading not new meter reading.

      This Case amicably settled in Maha Upabhokta Lok Adalat on dt. 16/12/2022.

      On the above observation the C.C.Case is accordingly disposed off.

                   Issue extract of the order to the parties for compliance.           

              Pronounced in the open Commission, on this the 16th day of December,2022.                                                    

                              I, agree

                               Sd/-                                          Sd/-

                           MEMBER                             PRESIDENT

 
 
[HON'BLE MR. Prabodha Kumar Dash]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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