SRI JIBAN BALLAV DAS,PRESIDENT:-
The Complainant filed this case for deficiency of service in supply of electricity by the Opp. Parties.
2. The brief facts of the case is that the complainant’s husband is an ex-army personnel who was residing at the place of his service with his family when his house was under lock and key. The complainant was paying electricity charges on minimum basis during the period when the house was under lock and key. Subsequently, the complainant’s family came to their house and started residing therein. The Ops-Electricity Deptt. submitted a bill of Rs.27,000/- which was paid by the complainant. On dtd.14.05.18 the staff of the Ops came to the house of the complainant and wanted to examine the load and after verification went away. On dtd.15.05.18, the complainant had been to the office of the Ops to enquire about this fact but came back as they were absent. Again on dtd.17.05.18, the complainant had been to the Ops but he was asked to come on dtd.31.05.18 when he was supplied with penal bill showing Rs.12,445.65 which was received by the complainant on protest. The dispute started between the parties on dtd.31.05.18 when the Ops stated that unless the amount of Rs.12,445.65 is paid the Ops shall not consider the grievance of the complainant. Under such circumstances, the complainant filed this case for rectification of the penalty charges and not to disconnect the power supply to the house of the complainant until the matter is settled.
3. On the otherhand, the Ops entered appearance and filed written version challenging the maintainability of the complaint petition. According to the Ops, the electric connection was given in the name of Kanchanbala Jena bearing Consumer No.1029480for domestic consumption. On dtd.14.05.18 during spot verification by the Ops it was found that the complainant-consumer was availing power supply through a defective meter on average basis as 1 KW whereas the verified load is 5.5. KW. So, the complainant was advised to install a new meter. Since the complainant was availing power supply by adopting illegal means, it was coming under theft of electric energy and the Cousin of the complainant put the signature on the verification report. Thus, U/S-126 of the Indian Electricity Act,2003, provisional assessment order to pay Rs.52,255.87 was given to the complainant for using unauthorized use of electricity by means of defective meter. The complainant was also asked to file objection within seven days of the service of provisional assessment on the consumption, failing which the provisional assessment shall be made final. Thereafter the complainant did not file any objection, so the provisional assessment was deemed to be final. So, as per law the complainant-consumer is prohibited to lodge to file this case before the Forum. According to the written version, the complainant still owes Rs.1,24,360.76 till October,2019 towards electricity dues. Hence, the Ops are competent to take action against the complainant-consumer as per the OERC Act & Rules.
4. So, the point to be decided whether the complainant-consumer is entitled to any relief or nor ?
5. The complainant, during course of argument stated that on dtd.14.05.18 when the Ops conducted verification of the load factor in the house none of her family members were present. It is argued by the complainant that when nobody was present how her Cousin gave signature which is doubtful. According to the complainant, as per the principle of Electricity Act, 3-phase line is required for supply of 6 KW but the complainant’s house was not connected with 3-phase line. In this connection, the Ops are silent. Further, it is contended by the complainant that till June,2018 the average charges of 900 units consumed by the complainant-consumer which amounts to Rs.4986.89 per month. After filing of this case now it is claimed Rs.1,24,360.76 is outstanding on the complainant-Petitioner which is erroneous and arbitrary and cannot be assessed in case of domestic consumer. Further, the complainant stated that in the meantime, during this pendency of this case the complainant has deposited Rs.1300/- for installation of anew meter. So, the allegation of Ops that there was theft of electric energy by tampering and bypassing the meter and on proper assessment is only to deprive the complainant of her lawful exercise. The complainant also filed the receipt of Rs.1300/- and also filed the Xerox copy of the disconnection notice dtd.13.01.2020.
5. Heard extensively from both the sides at length in the matter. Perused the materials on record. Hearing the case, the complainant is a lady and her stand is that she was never present at the time of physical verification load factor at her house. On the otherhand, the Ops stated that the Cousin of the complainant was present at the time of such assessment on dtd.14.05.18. From the copy of the assessment report it is not adequately proved that she or her husband was present at the time of actual verification of electrical installation and load factor. Under such disputed situation it would be just and proper to allow the complainant who is a lady and senior citizen for rectification of her electrical dues and payment of her outstanding dues to the Ops, so that the interest of justice can be properly served. Hence, it is ordered:-
We direct that the complainant to approach the Ops with all relevant documents for proper assessment of electrical dues by the Ops and the Ops shall serve the proper assessment dues pertaining to the period of default within a period of one month from the date of the order and the complainant shall clear the electric dues of the Ops within a period of three weeks from the date of service of the assessment order.
Accordingly, the complaint petition is disposed of without any cost.
Pronounced in the open Court, this the 5th day of February,2020.
