The Complainant has filed this complaint petition, U/s-35 of C.P.A.-2019, (here-in- after called as the “Act”), on dated 05/04/2022, alleging a “deficiency-in-service” by the O.Ps, where OP No.1 is the Junior Manager, Electrical under TPNODL, OP No.2 is the SDO, Electrical under TPNODL and OP No.3 is the Executive Engineer, Electrical under TPNODL, Balasore. That, as per the complainant’s petition the cause of action arose on dated 07/10/2021. 

                          That upon admission of the present case matter, the OPs were appropriately noticed along with copy of the complaint petition. The record shows, the notices were served on Ops and they appeared through their appointed Advocate on Dtd 23/05/2022.

                          The case of the Complainant, in brief is that, complainant’s grandfather was a consumer under the Ops and the complainant runs a Common Service Centre (CSC) within the premises of his house. The Ops made a spot verification on dated 07/10/2021 and found that the consumer had a defective meter and also there was no separate power supply to the CSC. They also found the complainant was using 2.5 Kw as domestic load and 1 Kw as commercial load as against the recorded / approved consumption of 1.5 Kw domestic load. Although a new meter was installed but they did not replace the defective meter. The complainant had deposited Rs.06, 243.00 in the office of Ops on 25/02/2022 for new connection and also deposited Rs.05, 000.00 on 22/30/2022 towards pending monthly payments, as a token of bonafiedness. The domestic and commercial loads was raised from 1.5 Kw to 3.5 Kw. But illegally additional penalty of Rs.37, 471.00 was reflected in the bill for the month of January, 2022 without supplying provisional notice to him. Neither the Ops pay any heed towards the complainant nor waive out the excessive penalty for no fault on his part. Therefore, the complainant was constrained to knock out the door of this Commission with the prayer as stated in the complaint petition.Hence, this case.

                          That to substantiate the complaint, the complainant relied upon the following documents, which are placed in the record;

1. Photocopies of the Common Service Centre certificate.
2. Xerox copy of spot verification report
3. Xerox copy of money receipt against separate commercial connection
4. Xerox copy of money receipt against pending monthly deposits.
5. Copy of electricity bill of November, 2021 and electricity bill of January, 2022.

                          The OPs received the notice with a copy of complaint petition and appeared in this case on 23/05/2022, through their Advocate and filed written version within the stipulated time period.

                          In the written version, the Ops, challenging the maintainability of the case and cause of action, denied the averments made in the complaint petition. It is their specific case that the complainant has not challenged the final order of assessment in the respective higher forum within the permitted time. The complainant is not at all competent to file this case before this Commission as per the decision of Hon’ble Supreme Court in the case of “U.P.P. Corporation VS Anis Ahmed”. When the complainant has executed agreement to use power for only domestic purpose, he was availing power supply to both domestic & commercial purpose violating the mandatory provision of law. That on sport verification on 07/10/2021, it was found out that the instant consumer (A 29-0114) was using 02.290 K.W., instead of permitted load of 01.0 K.W., in lieu of a defective meter. That, as per the Electricity Law, a consumer is entitled to use 20% of total connected load for non-domestic use, whereas the consumer’s non-domestic use was found to be above & beyond 20% (3290 Watts). That in consequent to the spot visit report the consumer was provisionally & then finally was assessed to the amount of Rs 37, 208/-, on dated 07/10/2021 & 10/11/2021 respectively. That the OP here, highlighted the electric regulation[R 17(I) & 20] here that, a separate connection cannot be given, if there is any due pending against any consumer. That in addition to aforesaid, the complainant did not furnish any documents showing relationship between the on record consumer to that of this new consumer and also did not apply for change of ownership from a deceased concern to the present applicant / subscriber. Further, any dispute between the consumer and Electric Department can only be decided by the “Appropriate Appellate Authorities’, not by any Court of Law. Therefore, the Ops prayed to dismiss the case in the interest of justice.  

                          That to substantiate the W.V., the Opposite Parties relied upon the following documents, which are placed in the record;

1. Photo copy of Final Order of Assessment.
2. Photo copy of SVR
3. Photo copy of Provisional Assessment Order.
4. Copy of Odisha Gazette (OER)

                          In view of the above averments of the parties, the points for determination in this case are as follows:-

(i)            Whether the Complainant is a Consumer as per C.P Act, 2019?

(ii)           Whether there is any cause of action to file this case?

(iii)          Whether this Consumer case is maintainable as per Law?

(iv)          Whether there is any deficiency of service on the part of the O.P to the Complainant?

(v)           To what other relief(s), the Complainant is entitled to?

F I N D I N G S

                          That upon meticulous examination of the Complaint Petition, along with the documents / statements presented by the party to this case matter, it is admittedly found that the complainant was using electric energy in the said premises which stands in the name of one called Late Banamali Das, who happens to be the grandfather of the complainant, bearing consumer number A29-0114 (Old) / 321101290135 (New) so the complainant is a consumer.

                          That on an even date of 07/10/2021, the opposite party conducted a surprise spot visit and admittedly found an over consumption beyond permitted load and a by-pass commercial use of electric energy. The opposite party accordingly noted the same in their spot visit report and properly served to the complainant. That basing upon findings the opposite party installed a new meter, enhancing the load limit up to 03.50 K.W. That subsequent to this, the OP supplied regular bill on actual consumption, showing an arrear of Rs 37471.64 in the month of January 2022, which is resulted out of the Final Assessment Order. So, the cause of action arose on dt.7.10.2021.

                          That on very careful perusal of the documents relied / presented by parties to this case, we observe that, much after the proper service of SVR, specifically speaking, after final assessment order, i.e. 10/11/2021, the complainant has filled this case on dated 05/04/2022. Also it is noticed that when the complainant received a bill with arrear and a notice printed in the bill, then only, he took shelter before this Court only to save its skin, without following up the OPs for the consequences to the SVR.  That it clearly shows that the complement to avoid & to dispute the assessed demand has taken shelter under this CPA-19.

                          That it is quite normally expected from a consumer that, when a SVR is conducted, he should have followed up for its consequence and results, but both the complaint petition & written version are silent about the same. Hence it is concluded that the complainant has knowingly underrated the SVR for an intention to gain over taking shelter under this commission.

                          That upon scrutiny of the monthly bill submitted by the complainant, for the months of November 2021, dated 14/11/2021 and December 2021, dated 19/01/2022, vis-à-vis payment receipt bearing number 398551, dated 22/03/2022, this commission observe that in the earlier said bills the consumption amount is Rs 315.88 & Rs 148.64 only, whereas the complainant has paid Rs. 5,000/-. That this kind of quite unusual payment, without any reason, leads this commission to conclude that the complainant has not come up here with a clean hand. Rather by making such payment, the complainant tries to put a veil on the eye of this commission in lieu of bonafiedness.

                          That regarding the claim of complainant about the non-functioning of the newly installed meter, it is rightly meet-with by the OPs in its submission in accordance with the law, that unless all the arrear dues are cleared up no separate / parallel connection can be given to same particular premises / consumer. That in this interpretation of the OP, this commission has no opinion to pass as it is a settled law.

                          We also rely on the decision of Apex Court in the matter of “Anish Ahammad vrs. U.P. Power Corporation of India” the Apex court has categorically stated that “disputes u/s 126, Sec 135 to 141 of the Indian Electricity Act are beyond the purview of DCDRC”. Taking into consideration of all the above facts we hold to believe that the O.P.s have not made any deficiency in service.  The complaint petition is not maintainable.

                          So, now on careful consideration of all the materials available in the case record vis-a-vis arguments between complainant & OPs, and on the basis of principle laid down by the above Authority as discussed earlier (supra), this commission is of the unanimous opinion that the Complainant has not adjudicated his dispute properly before the Commission, for which it is a fit case to dismiss it and the Complainant is not entitled to get any benefit as prayed for, and accordingly, this Consumer case is liable to be dismissed on merit.

                          Hence, the order:-  

O R D E R

                          Having regard to the above findings, the present Complaint Petition of the instant complainant devoid of merits is dismissed on contest. Parties to bear their own cost.

                          Pronounced in the open Court of this Commission on this day i.e. the 21^st day of March, 2023 given under my Signature & Seal of the commission.