MR. NAYANANANDA DASH,MEMBER -
Deficiency in Service in respect of serving arbitrary monthly energy bill and issue of disconnection Notice are the allegations arrayed against Ops.
2. Complaint in brief reveals that, in order to avail a new electric connection under domestic category, Complainant deposited required amount and necessary document at the office of the Executive Engineer (Electrical), CESU, KED-1 and availed the power supply on dt. 27.05.2015 and thereafter no monthly energy bills were supplied to the complainant inspite of personal contact and on written complaint on dt. 28/6/2016 to Ops. It is alleged that on dt. 23.10.17 after 2 years and 7 months, Ops served energy bill vide No. 2310207104615 with an arrear outstandings of Rs. 18,690/-. Complainant being aggrieved on the erroneous preparation of energy bills met the Officials of Ops on different dates, but the grievances remains unsolved, rather the distribution Franchise (DF), Enzen Global Solution Pvt. Ltd., Mirpatna, Kendrapra issued a disconnection Notice on dtd. 18.1.2018, and such issue of disconnection Notice cause harassment to the Complainant. The complaint is filed before this Forum, seeking directions to Ops not to disconnect the power supply, to pay Rs. 12,000/- as compensation and cost of litigation and also preys for reliefs award in favour of Complainant which deems fit and proper to the Forum.
3. Being noticed Ops appeared through their Ld. Counsel Mr. P.K.Samal and filed joint written version into the dispute. It is averred in the written statement that, Complainant is a domestic category of consumer under Ops bearing No. 02655126 and Complainant without disputing the energy bills paid a part thereof. An amount of Rs. 18,579.85 is pending as outstanding till January-2018. It is also averred that Ops are ready to revise the energy bills within the ambit of the law and the power supply has not been disconnected. In the circumstances, the complainant is not entitled to any relief and complaint is liable to be dismissed with cost.
4. Heard, the Complainant, and Ld. Counsel for Ops perused the documents filed into the case. The facts appear from the submissions and documents that Complainant is a domestic category of consumer under Ops bearing No. 02655126 and the first energy bill was served and consumer billing statement was prepared from the month of Ocober-2017 with an arrear outstanding of Rs. 19,042/- and as per the money receipts presented by Complainant, same reveals that certain amount has been paid on Dec-2017 and January-2018. It is also revealed that ops have issued a disconnection Notice on dtd.18.01.2018 U/S-56(I) I.E.Act-2003.
In the dispute, it is alleged that, though power supply to the Complainant’s premises resumed on dtd. 27.5.2015, but inspite of several requests and on written complaint dtd. 28.6.2016, Ops failed to serve the monthly energy bill from the date of power supply and on October-2017, Ops for the first time served an energy to the tune of Rs. 18,690/-, according to Complainant same is illegal and arbitrary and a unnecessary financial burden on the Complainant and needs a revision of energy bills. On the other hand the written version of the Ops are silent to counter the allegations of the Complainant. The consumer billing statement filed by Ops reflects that the first monthly energy bills served to the Complainant generated on October-2017, with an outstanding amount of Rs. 18,590/- and said energy bills are prepared after 2 years and Five months from the alleged date of power supply.
Now, it is to be decided here that whether the ops are entitled to recover the arrear dues over 2 years where no energy bills are served prior to the first served energy bill? U/S 56 (2) of I.E.Act-2003 and Chapter-X, Regulation 94(2) of OERC Regulations-2004 as amended upto 2011 are clear in this regard, the provisions are as follows. “ Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity”. As per the complaint petition power supply resumed on 5/15 and the consumer billing statement reveals that first energy bills were served on 10/2017, it is quite clear that Ops are demanding an arrear outstanding on 10/2017, i,e, the first serve date of energy bill to complainant without disclosing the date of power supply to the Complainant’s premises when the same is challenged by the Complainant-consumer. In the circumstanced as per the provisions under law and a citation reported in 2014 (2) CLT Pg- 167 in case of Sushila Purshottam Modak- vrs- Executive Engineer, MSED, Company Ltd. & others, it is revealed that Op- electricity company cannot charge an arrear dues for more than 2 years, from the due date. Equally, it is clear and obligatory on part of Op-service provider to visit the consumer and check the meter regularly from the date of supply. In the case in hand Ops are in dark when the power supply resumed and did not take the meter reading regularly inspite of the written complaint on dt. 28.6.2016. Hence, the calculation of arrear outstanding amount by Ops till Oct-2017 to the tune of Rs. 18,690/- creates confusion, ambiguity, where the energy charges per unit illegally accumulated on consumer and same is not in accordance with law. Accordingly, it is directed that Ops will withdraw the bill amount served on the complainant on the month of October-2017 showing the arrear outstandings as Rs.18,690/- and served a fresh revised energy bill calculating from October-2015 taking average consumption 3 months consecutive meter reading from Nov-2017 to January-2018 and by deducting the payments made by the Complainant-consumer in the mean time. The I.A. Misc case No. 3/2018 is here by disposed of as per our observation with direction that Ops will not take any coercive action against the Complainant till serving of the revised energy bill. It is also directed that Complainant will pay the current monthly energy dues as per the meter reading. The revision of energy bill will be prepared and served on the Complainant-consumer bearing No. 02655126, within one month of receipt of this order, failing to comply the order by the parties will initiate the proceeding under the provisions of C.P.Act,1986
Complainant is allowed in part without any cost.
Pronounced in the open Court, this the 28th day of March, 2018.
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MEMBER PRESIDENT MEMBER
