Orissa

Jagatsinghapur

CC/70/2020

Smt. Prativa Das - Complainant(s)

Versus

Junior Manager (Enzen) Electrical section - Opp.Party(s)

Mr.R.Mohanty & Assoc

28 Oct 2022

ORDER

                                                                                          JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking the following reliefs:

            “Direct the opposite parties to issue the correct electric bill after making necessary correction by verifying the record and after deduct Rs.32,450.57 paisa and not to disconnect the power supply and also pay Rs.50,000/- towards the mental agony and harassment and Rs.10,000/- towards litigation fees”.

            Complainant is a consumer bearing consumer ID No.503503567528 and consumer A/c No.03567528. The complainant clear the bill for November, 2014 in December, 2014 but the bills from December, 2014 to April, 2017 no bill was served and all of a sudden one bill amounting Rs.33,142/- was issued on 06.01.2020, the opposite parties have collected Rs.2,000/- in January & February, 2017 by giving threatening as stated by the complaint. In July, 2014 the opposite parties verified the status of the meter and consumption and increased the load factor from 0.5 KW to 2.0 KW and as per advice of the opposite parties, the complainant replaced the existing meter with a new one, but surprisingly the electric bill for the month of November, 2014 came as average reading. From December, 2014 till April, 2017 no electric bill was served on the complainant, but the opposite parties by threatening to disconnect the electric supply forcefully collected Rs.2,000/- each on January, 2017 and February, 2017 without giving any electric bill. All of sudden the electric bill for April, 2017 was served on the complainant showing there in an arrear amount of Rs.32,450.57 paisa. Since then the complainant is running from pillar to post to know, how the opposite parties reached the said amount. The matter of threatening and in fact without giving respect of the process of law, the opposite parties have disconnected the power supply despite this Hon’ble Commission’s order not to disconnect and for that E.A. No.04/2021 is pending before this Hon’ble Commission for disposal. The issue of electric bill reflecting suddenly the amount of Rs.32,450.57 paisa also hit U/s.56(2) of the Electric Act, 2003 as well as section-94(2) i.e. “Recovery of Arrear” of Orissa Electricity regulatory Commission Distribution (Condition of Supply) Code, 2004.

Though notice was issued to opposite parties on 03.3.2020 by Regd. Post nobody has appeared and opposite parties have been set ex-parte on 30.8.2022. Therefore we are in dark as to how the bills from December, 2014 to April, 2017 have been calculated.

As per section 100 (2) of OERC Act “100 (2) Notwithstanding anything contained herein above, no sum due from any consumer, under this section shall be recoverable after a period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity for non-payment of such sum which has become non-recoverable.”

In the present case the opposite parties are absent and as to how Rs.32,450/- has been fixed is not clear. Since the bill related to the period beyond two years, opposite parties are estopped to the issue the bills prior to two years from the date of issue as such we quash the notice dtd.06.01.2020 claiming Rs.33,142/- from the complainant. It was directed vide order dtd.27.02.2020;

            Heard the learned counsel for the complainant ex-parte. Perused the documents found on record supported with affidavit. Considering the facts and circumstances, issue notice to the opposite parties to file objection if any on 17.3.2020. But in the meantime the opposite parties are directed not to disconnect the power supply to the premises bearing Consumer No.03567528 till the date fixed i.e. 17.3.2020. Complainant is also directed to pay her current monthly electricity bill regularly to the opposite parties, failing which the opposite parties shall liberty to take appropriate steps as per law.

            We therefore quash the notice dtd.06.01.2020 and direct the opposite parties not to claim any bill for the period beyond 2 years as it violate its own guideline as stipulated above. With the aforesaid observation and direction consumer complaint and E.A. No.04/2021 is disposed of. No cost.