SMT.RAJASHREE AGARWALLA,MEMBER:-
Allegation of Deficiency in service in respect of providing inflated energy bills having erroneous arrear outstandings and threat of disconnection of power supply are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant in order to maintain his family opened a Tea-shop near Alabanka Chhak in a wooden cabin at Paradeep-Daitary Road and availed power supply having consumer No. MKPC423/1, which converted to new consumer No. as 01234958. It is revealed from the complaint that after occurrance of super-cyclone in the year 1999, the Tea-shop of the Complainant got destroyed and on extension of N.H.-5(A) the Tea-shop was not in existence. In the year 2006 Complainant’s son approached and filed an application before the Officers of Chhata section of Ops to provide a electric connection to his newly built Tea-shop at Alabanka Chhaka. The officers were agreed to provide new connection and directed the complaint to deposit Rs. 1600/- towards purchase of Meter and its verification charge alongwith 10% of arrear outstanding of Rs. 29,161/-, accordingly Complainant also deposited Rs. 3,000/- on same day i.e, on 11.07.2006. It is further alleged that, Ops without revising the arrear outstandings supplied illegal and inflated energy bills to the Complainant and an amount of Rs. 36,370/- is shown as arrear outstandings upto dt. 18/03/2017. The Ops on dt. 19.03.2017 with other staffs demanded the outstanding dues and threatened the complainant to disconnect the power supply on non-payment of dues. Being aggrieved in these actions of Ops, present complaint before this Forum on the prayer that a direction may be given to Ops to revise/correct the erreonous billings and not to disconnect the power supply to the Complainant’s Tea-shop. The cause of action of the instant case arose dt. 18.03.2017 when the Ops denied to revise the arrear outstandings and lastly on dt. 19.03.2017 when the Ops threatened to disconnect the power supply on above consumer No.
3. Upon service of Notice Ops appeared through their Ld.Counsel and filed joint written Version into the dispute. In the written statement it is averred that Complainant is a domestic category of consumer under Ops bearing No. 01234958 having contact demand of 1 K.W. and due to non-payment of electrical dues amount of Rs. 32,316/- is pending as outstanding dues upto 7/2018. It is also averred that Complainant has never applied for revision of energy bills, if the Complaint-consumer applies for a revision of energy bills afresh, same can be considered within the ambit of OERC Rules & Regulations.
4. Heard the Ld.Counsel appearing for the Complainant and Ops perused the documents filed into the dispute. In order to substantiate his case complainant filed Xerox copy of energy bills supplied by Gridco/CESCO/CESU. The Xerox copy of revision application dt. 11.07.2006 and Xerox copy of letter addressed to Junior Manager, Chhata Section, Enzen Global Solution Pvt. Ltd. dtd. 18.03.2017.The admitted facts of the case are that Complainant is a consumer under Ops bearing No. 01234958 and certain arrear amounts are pending against the Complainant-consumer for non-payment. It is revealed from the consumer billing statement of complainant that from March-2005 to August-2006 the energy bills of the Complainant are prepared on “Average” consumption basis. It is the allegation of the Complainant that after occurrance of Super-Cyclone to till July-2006, no power supply was given to complainant and on dt. 11.07.2016 on the application of the complainant’s son namely Pravat Prusty and on deposit of required fees for installation of new meter alongwith part-payment of outstanding arrear dues power supply was given to said consumer No. Complainant. The version of the Complainant is supported by a Xerox copy of application dtd. 11.07.2006 (filed into the dispute) addressed to office of CESCO, Chhata Section. The allegations of the Complainant is not countered by the Ops and the available figures of the consumer billing statement reflects that an amount of Rs. 19,393/- is pending on the Complainant as arrear dues upto March-2005 and from March 2005 to August-2006, the arrear outstandings remain as Rs. 30,719/-. Hence, it is observed that, the energy bills prepared by Ops without considering the application dtd. 11.07.2006 of complainant is illegal, erroneous, and same to be revised as the grievance of complainant of non- availing of power supply from October-1999 to August-2006 has not been inquired into by the Ops, inspite of the written Application dtd. 11.07.2006 and arrears billings prepared and served on the complainant without conducting any inquiry, and showing arrear the billings are erroneous same is to be withdrawn and a revised billing to the complainant be supplied exempting the billing period from Nov-1999 to July-2006.In the written statement, the Ops averred that, they are ready to revise the arrear outstandings, if the Complainant applies afresh for revision of arrear dues. So, it is clear that, there is no legal barrior before the Ops to revise the arrear dues as per law and our observations made above to comply the grievance of the Complainant.
Having observations reflected above it is directed that, complainant-consumer bearing No. 01234958 shall apply before the Ops for revision of arrear outstandings on the prescribed format within one month of receipt of this order. It is further directed that, Ops on receipt of the revision application from Complainant shall revise the arrear outstandings as per our observation made above and in accordance with the provisions of OERC and on completion of formalities, the process will be completed within one month of receipt of the revision application from Complainant, failing to comply the direction penal provisions be initiated against the defaulting parties as per the provisions of C.P.Act.-1986. Till completion of the entire process, Ops here by directed not to take any coercive action against the Complainant-consumer bearing No. 01234958.
Complaint is allowed in part without any cost.
Pronounced in the open Court, this the 26th day of December,2018.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
