DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 30th day of May, 2020
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 21 of 2019
Sri Kedarnath Nayak
S/O late Nagendra Nayak,Vill- Rajmukundapur
Po- Arnapal, Ps- Bhadrak (R)
District- Bhadrak .................Petitioner
(Versus)
- J.E. Electrical NESCO Utility
Arnapal, Bhadrak (R)
At/Po- Arnapal ,District-Bhadrak .
- S.D.O/ Assessing Officer,. Electrical NESCO Utility
Asurali Sub- Divisionl, Bhadrak .
At/Po- Asurali ,District-Bhadrak .
- Executive Engineer, NESCO Utility
At- South Electrical Division, Aradi chhak
Samaraipur.,Ps/District-Bhadrak
- Superintendent Engineer, (Electrical)
NESCO Utility , Bypass. Bhadrak. Dist- Bhadrak.
- Authorizing officer, (A.O), NESCO Utility, Balasore.
Corporate office, Januganj. , Balasore, Odisha. 756049.
…………………………..Opp. Parties
For the Complainant: Adv Sri Bishnu Mohan Mahapatra & Associates
For the O.Ps: Adv Sri Debasis Nayak
Date of hearing: 18.05.2020
Date of order: 30.05.2020
SRI RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency in service against the O.Ps.
The back ground facts disclosed in the complaint are to the effect that complainant is a bonafide consumer under the O.Ps. vide consumer No. BZ-2313 (4223-2106-0396). Complainant pays his monthly electric bill regularly without default and in the lockdown period for COVID- 19 , he has also paid his electric dues on line. But all of a Sudden on 16.03.2019 OPs served a disconnection notice to the complainant and alleged that the complainant was using power supply unauthorisedly by passing the meter and connected to other equipment to avoid actual calibration of the energy meter .Accordingly Ops supplied a Bill amounting to Rs. 51.892/- in addition to his actual bill and noticed to file show cause as to why he is using extra electricity by passing the meter. .Complainant met several times to O.Ps in this connection but O.Ps did not respond to his grievance . According to the O.Ps the complainants house was inspected by their officers on 30.07.2018 at about 01.50 P.M but the spot verification report dt.30.07.2018, has not been served upon the complainant. Complainant has only received one letter dtd. 16.03.2019 from O.Ps requesting him to file objection ,if any, against the provisional assessment within 7 days of issue of the letter , failing which power connection will be disconnected from his premises. Complainant replied to the above letter denying the allegations made by the O.Ps. but has been paying the current electricity dues regularly as per the demand of the O.Ps. O.Ps have inspected the premises of complainant at different times and have never found any fault. it is ascertained from family members that the MRT squad has never inspected the premises of complainant and the amount of Rs.51,892/- has been assessed arbitrarily and whimsically without any basis. In spite of reply to the letter of O.P. and repeated reminders, O.Ps have not ascertained the truth of the matter. Complainant has therefore filed this dispute before this Forum seeking direction to the O.Ps to waive the illegal and unreasonable demand of Rs.51,670/- by the O.Ps and to pay Rs.60,000/- towards compensation for mental agony and harassment and to pay Rs. 15,000/- towards cost of litigation.
O.Ps resisted the complaint and contested the claim that this dispute is not maintainable. O.Ps did not prefer to file written version . Only they have filed a petition to dismiss the case on the ground of non maintainability . The said petition has been dismissed on 21.11.2019 with a observation by the Forum to decide the case on merit. O.Ps did not challenge the Order. Again after the case is heard from both sides O.Ps filed their written argument. According to the O.Ps Complainant is using electricity as commercial category and as such his claim is barred u/s.2(1)(C) of C.P.Act. The disputed amount of Rs.51,670/- is the penalty imposed on the complainant for unauthorized use of electricity by means of cutting the incoming service wire before the meter and connected to main switch and other equipment to avoid actual calibration of the energy meter. On the basis of spot verification report on 30.07.2018, the Assessing Officer empowered u/s.126 of Electricity Act imposed provisional penalty for unauthorized use of electricity . Complainant did not file objection against the assessment order dt.30.07.2018. The Electricity Distribution Company u/s 126 of Electricity Act placing reliance on the decision of the Hon’ble Supreme Court in U.P Power Corporation Ltd. Vrs Anis Ahamad 2013 (3) CPR 670 (SC) the present dispute is not maintainable . It is contended that Since the complaint relates to assessment u/s 126 of the Electricity Act the complaint is not maintainable and the District Forum has no jurisdiction to entertain the compliant and pass any order . As such the bill is served on the consumer in due process of law and it is not a defective one for which this case against the O.Ps is not maintainable before this Forum. Hence, this complaint is liable to be dismissed with cost.
Admittedly, complainant is a domestic consumer of electricity bearing consumer No.BZ-2313(New A/c.No.422321060396). As it revels from the money receipts filed in the record he has been paying regularly all electrical bills but illegally complainant has received one electric bill amounting to Rs. 51,670/- from the O.Ps. and the S.D O ,Electrical NESCO Utility, Asurali Sub- Division during the 2nd week of August 2018 has issued a notice to complainant to show cause as to why he is using extra electricity by passing meter. Complainant has also submitted explanation to their notice. This issue is within their consideration. As to the documents filed by O.Ps no final assessment has been made and O.Ps have assured to wave out the illegal bills.
. On going through the Electricity bills and payment receipts ,it is clear that the meter status is o.k. and the complainant has been paying the bills regularly. The letter No.374 dt.31.07.2018 of S.D O ,Electrical NESCO Utility, Asurali Sub- Division sent to complainant is not supported by any spot verification report. This shows that the said report is after thought and manufactured . Neither there has been any spot verification done in the premises of the complainant nor any notice has been served on complainant to that effect. Penalty has not been supported by any affidavit by the Inspecting Officer nor the witness. On perusal of record it also found that O.Ps have not filed single document before the Forum regarding imposition of penalty on complainant. This shows that the O.Ps are intended either to confuse the court or to go upper Forum to harass a poor consumer by filing a Appeal. Besides that the decision of the Hon’ble Supreme Court in U.P Power Corporation Ltd. Vrs Anis Ahamad 2013 (3) CPR 670 (SC) is not applicable for the present dispute. Burden of proof lies on the O.Ps to prove that the complainant was availing power supply unauthorisedly by means of bypassing process. O.Ps have utterly failed to prove their contention. From the above facts and circumstances we are of the considered view that the O.Ps are deficient in rendering service to the complainant and liable to compensate the complainant. Complainant is therefore entitled to the reliefs sought for by him. Accordingly, it is ordered;
O R D E R
The complaint be and the same is allowed on contest against the O.Ps. O.Ps are directed to waive the penalty amount of Rs.51,670/- and to pay Rs.5000/- towards compensation for mental agony and harassment as well as to pay Rs.1000/- towards cost of litigation to the complainant within one month hence.
This order is pronounced in the open Forum on this the 30th day of May,2020 under my hand and seal of the Forum.
