Sri Baisnab Charan Sahoo, Member - This is a complaint under Section – 12 of C.P Act filed by Sri Madan Mohan Maharana of village – Nimani in the district of Nayagarh. In the Complaint he has prayed (1) to exclude Rs 1,78,015/- from the electricity bill for the month of August, 2014, (2) not to disconnect the power supply to his house. (3) to pay compensation of Rs 20,000/- towards illegal and arbitrary calculation of bill and towards injury sustained by him.
The case in brief is that the complainant paid his electricity bills regularly till July ,2014 as per the actuals of his meter reading and on the basis of bills given by CESU. As per previous bill monthly consumption of electricity were between 48 units to 67 units. But the complainant was charged with excess of Rs 1,78,015/- over and above the actual consumption for the month of August, 2014. Being aggrieved with such action of OPs the complainant filed this complaint with the prayer mentioned above.
The complainant has filed his evidence on affidavit and documents as per list. He has relied on his evidence and documents.
The OPs have filed their written version to the complaint and evidence on affidavit along with documents as per list. The Ops have stated that the MTR squad verified the premises of the Complainant on 29-07-2014. During inquiry the MTR squad found that the complaint was using electricity unauthorisedly for machineries like (1) wielding machine (2) cutter machine for wood and iron (3)Drill machine (4) other lights to run a workshop for wood furniture and welding work whose GP load was near about 10 KW. A xerox copy of such verification report of MRT squad is filed by Ops. After verification a copy of the report was handed over to the complainant but he refused to sign on it and also did not received the report. As the complaint refused to receive the report the, MTR squad affixed the same on the wall of complainant.
On 30th July, 2014 provisional assessment order was sent to the complainant showing penal amount of Rs 1,78,015/- U/s 126 of Electricity Act through Department lines man. But the complainant refused to receive it. The said provisional assessment automatically reflected in final bill of complainant (Computer Bill) on 19-08-2014. The complainant did not approach the OPs against the penal amount. The OPs have stated that the averments made by complainant in his complaint are false and there is no deficiency of service by them.
The OPs relied on the evidence on affidavit and documents filed there to.
The point of consideration in this complaint is whether there is any deficiency in service by the OPs for charging additional amount of Rs 1,78,015/- in the bill for August , 2014.
Findings
The complainant paid his electricity bills up to July, 2014 on the basis of actual meter readings. His actual consumption as per meter reading varies from 48 to 67 Units per month during the period March 2014 to August 2014. The complainant has filed the copies of computer bills to substantiate the facts. But in the bill for August 2014 an excess amount of Rs. 1,78,015/- has been charged by the OPs without assigning any reason there to.
The Ops have taken a plea that the complainant has using wood cutter machine, welding machine, and iron cutter machine in his premises which was detected by MRT squad on 29-07-2014 and provisional assessment was made on 30-07-2014 showing penal amount of Rs. 1,78.015/- . The said excess amount has been reflected in the bill for August, 2014. The OPs have filed xerox copies of physical verification report of MTR squad and copy of notice dt 30-07-2014 under section 126 of Electricity Act 2007. It appears from copy of physical verification report that the service connection was OK, meter terminal cover was present and T.P box was present. From this statement of MRT squad proves that the meter status from all angle was OK on the day of verification. The work load as per physical verification report was 1.5 KW. It is mentioned in the foot note of PVR that the consumer was availing power supply unauthorisedly using load GPS purpose approximately near about 10 KW. So the assessment was to be made as per OERC norms. Further it is also reported in the PVR that due to house lock total premises areas not verified by the squad. On the basis of PVR provisional assessment was made and notice under section 126 of Electricity Act 2007 was issued by OPs. Since the service connection and meter status were OK, there is no possibility of using power unauthorisedly by the complainant. If at all the
machineries were used by the complainant the meter reading could have shown the consumption of power as there was no other service connection. Again as to the foot note of PVR due to house lock the total premises was not verified. From the above statement in foot note it is not convincing how to GPS load is assessed in the instant of house lock of premises.
From the above finding we do not find any reason to believe that the complainant has used power supply unauthorisedly. Section 126 of Electricity Act applies in case on an inspection of any place or premises or after inspection of the equipments, gadgets, machines, devices found connected or used or after inspection of records maintained by any person, the assessing officer comes to the conclusion that such person is indulging in authorised use of electricity, he shall provisionally assess to the best of his judgment the electricity charges payable by such person or by any other person benefited by such use.
In the instant case as no fault regarding unauthorised use of electricity is found by MRT squad in the physical verification report. There is no scope for application of Section 126 of Electricity Act.
If the complainant actually used the power unauthorised the Ops are to prove it through proper inspection and there by may take recourses to Section 126 of Electricity Act 2007.
From the above discussions we come to conclusion that the complainant is burdened with the excess penal amount of Rs 1,78,015/- for not using unauthorised power. Hence we order:
ORDER
The complaint is allowed in part on contest. The excess amount of Rs. 1,78,015/- as claimed in the bill in the month of August, 2014 is set aside without any cost. The OPs are directed to furnish the revised bill accordingly to the meter reading within one month to the complainant for its payment without disconnecting the power supply..
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 02nd December 2014.
