Orissa

Rayagada

CC/87/2016

Gembali Taviti Raju - Complainant(s)

Versus

Junior Engineer, SouthCo, - Opp.Party(s)

Self

29 Nov 2016

ORDER

 

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

C.C. Case  No.87/ 2016.

                                                                                               

             P R E S E N T .

            Sri Pradeep Kumar Dash, LL.B,                             President.

            Sri Gadadhara Sahu, B.Sc,                                      Member

            Gembali Tavitiraju, aged about 80 years, S/o Late Gembali Pentayya, Resident of Vill:             Gadiseshkhal, P.S.Chandili, Dist. Rayagada.                        …………..Complainant

                                                                                                                                                                                                                        Versus                                                

1. The Junior Engineer, South Co. At/Po Sikarpai, Dist. Rayagada, Odisha.
2. Assistant Manager, Vigilance and Enforcement Cell, South Co. Rayagada, At/Po/Dist. Rayagada.                                                                         …………..Opp.Parties

Counsel for the Parties:

For the complainant: Sri N.K.Kanta & Associate Advocate, Rayagada.

For the O.Ps: Self                         JUDGMENT

                        The  facts of the case in brief is that the complainant  is a consumer of the O.ps vide Consumer No.311203620010 and  the complainant was regularly depositing the electricity bill as per consumption. On 22.11.2015 the O.P 2 has inspected the premises   and  imposed a fine of Rs.9574/-  on the ground that the meter tempered and found slow by 61.64% and assessed charges from October,2014 to October,2015. On the day of inspection the meter was properly sealed.  The complainant submitted  an application to the OP 2 and requested to  reassess the bill and allow him to deposit the charges as per monthly bill but the OP 2 turned deaf ear to the submission of the complainant .  Hence, prayed to direct the Op No.1 to accept the monthly bill till disposal of the case and not to disconnect the connection and award compensation of Rs.10,000/- towards deficiency of service  and mental agony and cost of  litigation and other relief as the forum deems fit and proper  . Hence, this complaint.

                        Being noticed, the O.Ps appeared and filed written version inter alia denying the petition allegations on all its material particulars.  It is submitted by the O.ps that the complainant is a consumer of the O.ps  vide Consumer No.311203620010.   On 21.11.2015 the OP 2 inspected the premises of the complainant  and during course of the inspection it was found that the  complainant is availing power supply by tempering the meter. For such unauthorized use of electricity the opposite party No.2  being empowered  under the Electricity Act,2003   made provisional assessment  Under Section 126(2)  of the Act by way of passing provisional assessment to the tune of Rs.9,574/- and served the complainant on 26.11.15  and calling upon him to file objection within seven days of receipt of such provisional assessment and  if the complainant is aggrieved by the final order of assessment made under Sec.126(3) of the Act, he may within 30 days of the said order, prefer an appeal before the Appellate Authority as per the mandate of Section 127 of the Electricity Act,2003 which is a special tribunal constituted under Section 127 of the Indian Electricity Act,2003 for redressal of any grievance against the final order of assessment as regards to unauthorized use of electricity ,as such the Hon’ble Forum  has no jurisdiction to entertain  the complaint  filed by the complainant. Further the jurisdiction of the consumer forum has been barred as per the provision of Se 145 of the Electricity Act, so the complaint filed by the complainant  needs to  be dismissed  in the interest of justice.                   

                                                               FINDINGS

It is admitted by the parties that the meter is  Ok and running correctly and showing accurate reading. In view  of Sec.3 of the Consumer Protection Act and Sec.175 of Electricity Act, the consumer approached this Forum. Therefore , the C.P.Act is not effected by the Electricity Act. Whenever there is a provision for settlement of the claim , the authority has to follow the same without putting the consumer into trouble and to go for litigation. The complainant approached the authorities but the authorities did not accept the same which shows the gross deficiency  in service.

Hence, the OP may establish their claim by the process giving opportunity to the consumer either  refute the same or admit the same and such charges will be made only on rectification. Hence, the petition is allowed.

                                                                      ORDER

                        In view of the legal provisions stated above the petition of the complainant is allowed . The bill raised at the time of inspection is hereby quashed. The complainant is directed  to file a petition before the Electrical authorities and the Ops are directed to consider the application and revise the bill form 10/2014 to 10/2015  within  a stipulated period and after final discussion with the Ops the complainant is to deposit the up to date amount. The parties are to bear their own cost.

                        Pronounced in open forum today on this 19^th   day of  December,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

 

                 

                          Member                                                                           President