MR. PRABODHA KUMAR DASH, PRESIDENT:-
The C.C. Case No. 13/2019 alongwith IA No. 3/2019 taken up for order. The present C.C.Case was pending since 2019 and today it is nearly last quarter of 2022. The C.C.Case has been posted to 58 dates on various occasions. It is taken up on priority basis for quick disposal following the mandate of C.P.Act 2019.
Brief Fact:-
Admittedly the Complainant is a consumer under the Ops Enzen Global Solution Pvt. Ltd. Subsequently the licensee has been changed by OERC in favour of Tata (TPCODL) as licensee in place of former. The Complainant not amended the cause title though the issues for adjudication or grievances are same. The Complainant is a BPL card holder to whom service connection given by Ops on dt. 05.08.2003 when the transformer of Ops burnt and replacement done on dt. 22.05.2004. The Ops raised the bill 1/2003 to 2/2005 dues Rs. 1822/- but the Ops not finalized the same in arrear columns. In 2/2005 it was settled Rs. 1822/- but accounts of Consumer in 12/2005 was Rs. 5210/-. Again in dt. 22/2/19 the arrear was Rs. 2335/- and on dt. 13/8/22 it was Rs. 4872/-.
Heard the Ld. Counsel for Complainant & Ld. Counsel on behalf of TPCODL. Perused the materials available on record exhibited by both the Parties. The Complainant connected electricity when the transformer not functioned & the same charged on dt. 22.05.2004. The authority shown on their statement of accounts of Complainant from dt. 13.03.2005 with arrear to the extent Rs. 5011.55/- which was created by Ops and the same not answered for removal of doubt of this Commission. We are surprised by the action of Ops when the authority themselves finalized arrear on 2/2005 Rs. 1822/- & their statement of accounts completely different on 2005 i.e, it was on 16/12/2005 is Rs. 5210.70. If the arrear and settlement of account on that date was Rs. 1822/- then the amount shown Rs. 5210.70 was excess of amount Rs. 3388/- the same not corrected. However the arrear amount on dt. 22.02.2019 was Rs. 2518.63 and today on hearing submitted by Ops (TPCODL) it is Rs. 4872/- on 13/8/22. The Ops are not furnishing real and up-to date clear bill generated by them. It is submitted by Ld. Counsel for Ops that, the Complainant has arrear of Rs. 4872/- in month of August-2022 and when he appear before the authorities the same will be considered by them. If the Ops are acts with their sweet will where the consumer will go to redress their grievances against arbitrary action of them. During the pending of C.C. Case the Ops disconnected for non-payment of arrear bill for which a BPL consumer deprived of electricity on the arbitrary action of Ops. Which was improper, unjust & liable to be interfear by this Commission and as a result on direction on IA 3/19 the energy supply restored.
Ld. Counsel of Complainant further alleged that the present TPCODL authorities threatening the complainant to disconnect at any time during pendency of C.C.Case. The Ld. Counsel for the Complainant further submitted that, the Ops (TPCODL) are taking illegal meter rent Rs. 15/-, fix charge Rs. 20/- and charging Rs. 50/- meter charges which are beyond the electricity charges & harassing the BPL consumer from date of connection till date.The J.E., S.D.O., & Executive Engineer are not listening grievances time to time being harassed appeared before Ld. DCDRC for redressal of same.
In our opinion the Ops are committing illegal activities towards the BPL consumer & forcefully without notice disconnected the energy supply, harassing poor BPL Card holder & practicing unfair trade practice and also deficiency in service therefore the grievances can be well address by this Commission directed in IA No. 3/2019 for re-connection, restoration of energy supply. The Ops are liable for their arbitrary action against the Ops and also responsible for excessive demand on heads of meter charges & fix charges which are not understandable without doubt. The doubt created on mind of a reasonable prudent man should be removed by appropriate logic and adducing evidence but the Ops failed to remove reasonable doubt thereby reasonable doubt gone in favour of complainant. The authorities of TPCODL are acting without following the principle of natural justice and suppressing the voices of poor people against such arbitrary action from the above discussion this Commission directing the Ops below.
ORDER
It is directed that, the Op shall calculate opening balance on dt. 12/2005 is Rs. 1822/- and then regularize his accounts from arrear of Rs. 1822/- and deduct (minus) the meter rent, fix charges from date of connection till today and also minus Rs. 50/- as penalty each months for arrear and provide fresh current bill within 15 days failing which the Ops are liable to fine Rs. 5,000/- at 1st instances and delay in each day shall liable to pay Rs. 250/- till finalization of accounts of complainant. On the above observation the C.C.Case No. 13/2019 alongwith I.A No. 3/2019 are disposed off accordingly.
Issue extract of the order to the parties for compliance.
Pronounced in the open Court, on this the 12th the day of October,2022.
I agree
Sd/- Sd/-
MEMBER PRESIDENT
