Heard learned counsel for the appellant. None appears for the respondent
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of complainant, in nutshell is that the complainant had installed a L.I. point after having electric connection for irrigation of his land for agricultural purpose. It is alleged inter-alia that the complainant was regularly paying the electricity dues. It is alleged inter-alia that the OPs have changed the status of the consumer and started charging the consumption at commercial rate for which the complainant was imposed with a financial burden. It is alleged that the OP charged the electricity dues upon the complainant on commercial basis. Therefore, the complainant alleged against the Op but no action was taken. Hence, the complaint was filed.
4. The OP No.1 filed written version denying all the allegations. According to the OP No.1 they have acted under OERC Code. So, there is no deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum passed the following order:-
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“ We direct the complainant to approach the OERC and Department of Energy, Govt. of Odisha to quash the orders and gazettee Notification passed by them as well as we order not to claim any bill amount on commercial rate as demanded by them and they can only claim the complainant in the old tariff till finalization of the petition by OERC and we also hereby quashed the bill amount if any claimed by the OPs as per commercial rate. We do not award any cost or compensation.”
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by abusing the power conferred by the Act. He submitted that in similar case this Commission has passed order in F.A.571/2014. Further he submitted that learned District Forum has no power/authority to pass any order against the OERC and Department of Energy, Govt. of Odisha. It has also no power under the Act when sufficient provisions have been made under Indian Electricity Act,2003. Therefore, he submitted to set-aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. The main point for consideration in this case whether the complainant has proved the deficiency in service on the part of the OP. It is admitted fact that the complainant is a consumer under the OP. It is also not in dispute that the OPs have demanded the bill amount on commercial basis although the complainant himself is a agriculturist.
9 . On perusal of the complaint, it appears that the complainant was receiving power supply and paying the bill but suddenly the tariff has been enhanced and same is being charged by the OPs on commercial rates. The complainant stated that the said demand is illegal and prayed to the District Forum to direct the OPs to receive the bill in old rate and pending the application prayed to direct the OPs not to disconnect the electricity line. It has also been requested to replace the meter. It appears that the complainant has filed the application being user of L.I. Point. When he has filed the case in representative capacity, there has to be supporting documents to maintain one complaint but no such document is filed. The written version is not available on record but the impugned order shows that the OP has filed the counter. However, a notification is available in the DFR which shows that since 6th March, 2013, the OERC has issued notification by amendment to Regulation 80(5) (i) & (ii) of OERC Code, 2004 and as such Regulation 80(5) (i) has been amended for irrigation purpose and category of power supply is for irrigation, pumping and agriculture and accordingly tariff has been changed. At this juncture, learned counsel for the appellants submitted that in the meantime said notification has been amended in 2015 making the complainant eligible for irrigation, pumping and agriculture purpose can be issued bill at subsidized rate.
10. Learned District Forum has also directed the complainant to approach the Government for amendment of the notification. When the notification already in the meantime amended in 2015, bills should be revised accordingly and this Commission has already passed similar order in FA No. 570 of 2014. But the order of the learned District Forum further directing to quash the bill amount and directed the OP to demand bill in old tariff is not sustainable because the District Forum has no power to quash the bill except to direct to revise the bill in accordance with the new notification, 2015, if any amending the old one because Section 14 of the Act does not allow to give such direction except directing the OPs to remove the deficiency in service. So the impugned order is not sustainable in law and as such is set aside by modifying the ordering portion. Hence, we hereby direct the OPs to apply the fresh regulation vide notification of OERC, 2015 and revise the bill of the complainant in accordance with law within 30 days from today.
11. The appeal is disposed of accordingly.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
