Orissa

Cuttak

CC/95/2021

Abdul Shakoor - Complainant(s)

Versus

Manager,TPCODL - Opp.Party(s)

P C Mishra

23 Aug 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.95/2021

Abdul Shakoor,

S/o Late Abdul Satar,

Resident of Mouza- Kesharpur,

(Chotta Masjid Lane),

PS-Mangalabag, Dist –Cuttack.                                                     ... Complainant.

        

                                                Vrs.

1.        Manager,TPCODL,

Electri Company(Ranihat-1),

At/Po-Ranihat, Town/Dist-Cuttack

 

2.         Deputy Manager-Commerce,

TPCODL (Ranihat-1),

At/Po-Ranihat, Town/Dist-Cuttack

 

3.         Junior Manager,TPCODL,

(Electri Sec-1), Howrah Motor Square,

Town/Dist-Cuttack.                                                                             ...Opp. Parties.

 

Present:           Sri Debasish Nayak,President.

                            Sri Sibananda Mohanty,Member.

 

Date of filing:    20.10.2020

Date of Order:  23.08.2022

 

For the complainant:            Mr. P.C.Mishra,Adv. & Associates.

For the O.Ps :                           Self

 

 

Sri Sibananda Mohanty,Member.                                

                                The complainant’s case in short is that his electrical energy consumer number is 00294528.  It is averred by the complainant that on 27.3.17 he had intimated to the O.P no.2 for verification of his electricity meter and to change his service wire as well as to install  a new meter.  The O.Ps on 21.3.17 had assessed the final assessment bill to the tune of Rs.25,741/-.  It is further stated by the complainant that he was paying regular  energy bill besides payment of Rs.15000/- towards his arrear dues.  He also had paid Rs.22,000/- on 21.2.20  In the month of January,2021 the O.Ps in an arbitrary manner had issued a bill showing outstanding arrear as of Rs.1,27,896.15p as well as the current bill of Rs.2,931.81p.  The complainant had paid Rs.4000/- on 21.1.21.  In the month of February, he had paid Rs.4000/- towards his energy dues.  Thereafter he had paid Rs.5000/- on 19.3.2021.  It is the case of the complainant that as per the MRT order, he had to pay Rs.25,747/- for the final assessment but he had already paid Rs.37,000/-, hence there is no arrear dues pending against him.  But the O.Ps by wrong calculation had shown the arrear dues. Hence, he has filed the present case to waive the arrear outstanding dues of Rs.1,39,666.44p and has prayed for issuance of a direction to the O.Ps to pay a sum of Rs.50,000/- towards compensation for his  mental agony and harassment as well as a sum of Rs.15,000/- towards his  litigation expenses.

                The complainant in order to prove his case has filed xerox copies of certain documents.

2.            The O.Ps have conjointly contested the case and have filed their written version.  It is averred by the O.Ps that on 3.3.17, Sub-Divisional MRT Squad verified the premises of the complainant and had  found that meter box to be broken, meter was not showing the month data and Kwh reading.   Hence, the squad declared the mater status as “tampered”.  However, it is admitted by the O.Ps that the complainant had intimated on 27.3.17 for re-verification of the meter and change of service wire.  After verification of the meter, the O.P No.2 had issued show cause notice dt.7.3.17 and had served the complainant provisional assessment bill amounting to Rs.70,300/- .  It is further averred by the O.Ps that the complainant had replied to the said show cause notice and thereby the O.Ps on careful consideration upon the reply to the show cause, had  finalised his provisional assessment bill at a sum of Rs.25,777/-. It is also stated that as the complainant was a regular defaulter in payment of energy dues, the arrear dues of Rs.1,33,666.81 upto 8/2021 was pending against him.  It is further averred that during the period from March,2005 to August,2021 the complainant had not paid the energy  dues for a period of  47 months and the complainant in order to avoid payment of the said arrear dues, has filed the present case which is not maintainable.  The O.Ps  had referred a decision of the Hon’ble Supreme Court passed in Civil Appeal No.5466/2012, arising out of SLP (C) no.35906/2011 where in the Hon’ble Supreme court vide its order dt.1.7.2013 held that the consumer complaint case against the assessment made by the Assessing Officer U/S-126 or against the offences committed U/S-135 to 140 of the Electricity Act,2003 is not maintainable.  Hence the O.Ps have prayed for dismissal of the complaint petition.

                The O.Ps have also filed xerox copies of certain documents including Consumer Billing Ledger in order to support their stand.

3.            The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was any deficiency in service on the part of O.Ps?

            iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Issues no.i,ii & iii.

            The complainant is a consumer of the electricity.  The allegation that the O.Ps are not calculating the payment made by him towards the consumption of electricity and showing arrear dues at a higher side i.e, a sum of  Rs.1,39,666.44p is not supported with any material evidence.  The O.Ps have filed consumer billing ledger.  It reveals from the said ledger that the  payment made by the complainant has been reflected in the said ledger.  The said ledger further reveals that the complainant was a regular defaulter in payment of energy dues.  Hence, it cannot be said that the O.Ps are at fault by showing arrear outstanding dues to the tune of  Rs.1,33,666.81p upto August,2021.   In view of the above discussions, there is no deficiency of service on the part of the O.Ps and the complainant’s case as filed  is not maintainable and he is not entitled to any relief as claimed.  Hence it is so ordered.                     

  ORDER

            The complaint case is dismissed being not maintainable before this Commission.

Order pronounced in the open court on the 23^rd day of August,2022 under the seal and signature of this Commission.                      

                                                                                                                            

                                                                                                Sri Sibananda Mohanty

                                                                                                       Member.

                                                                       

                                                                                                

                                                                                              Sri Debasish Nayak

                                                                                                            President