SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Deficiency in service in respect of serving illegal and arbitrary energy bills are the allegations arrayed against the Opp.Parties.

2.              Complaint,  in brief reveals that complainant is a domestic category of consumer under Ops having ‘Consumer No.02550129. The power supply to the complainant’s premises disconnected from dtd.15.10.2010 to dtd.20.06.2013 as the complainant shifted to another village namely ‘Godhan’ on the occasion of  collapse of his thatched house. It is also revealed from the complaint petition that one Abhimanyu Rout collected the monthly bills regularly to the tune of Rs.1735/- and further demanding Rs.1000/- as an arrear outstanding. Complainant made his complaint before the officials of Ops but the Ops made a deaf ear to the grievance of the complainant, finding no other alternative filed the present complaint before the Forum with prayer that direction may be given to Ops revised the energy bill and not to press heard for collection of illegal arrear dues and further prayed for not to disconnect the power supply and to pay Rs.22,000/- as compensation for mental agony and cost of litigation.                                                     

3.           OP No.1,3 & 4 appeared through their Ld. Counsel and filed written statement into the dispute denying the allegations and submitting the facts, it is stated that complainant is a regular defaulter in respect of payment of electric dues and an outstanding amount of Rs.4298/- is pending on the complainant-consumer. It is averred that complainant has never applied for disconnection of power supply from dtd.15.10.2010 to dtd.20.06.2013 and complainant was availing power supply and paid certain dues as per the consumption. It is also averred that complainant has not produced any document in support of disconnection. In the circumstances, the complaint should be dismissed with exemplary cost.                                                                                   

4.               OP No.2 appeared CESU,Odisha filed written version into the dispute through their authorized officer SDO(Elec.),Electrical Sub-division,Marsaghai and in the written statement the disconnection period as claimed by the complainant from dtd.15.10.2010 to dtd.20.06.13 has been adjusted only minimum monthly fixed charge has been charged along with Unit consumed(369) units as per the clause 84 of the OERC(Conditions of supply) Code2004. It is further averred that the initial meter reading as on dtd.08.06.2010 was -01- unit and the present reading upto 01/206 is ‘905’ unit. The complainant had earlier filed a petition before GRF,Paradeep and the same facts had been intimated to him vide this officer letter No.22(3) Dtd. 11.01.2016.

                          OP No.5 Kailash Ch.Ojha, Limeman, Nuapada Section of CESU stated by way of deposition that after high flood in the year 2010 the dewelling house of the complainant delapted and the power supply was disconnected and restored the power supply on 2013 and the matter was reported to higher authorities. Further, he states that he has disconnected the power supply in the capacity of lineman as instructed by the higher authorities.

                      OP No.6 Abhimanyu Rout, the Bill collector of Enzen Global Solutions Pvt. Ltd. though did not file any written statement, but on receipt of notice appeared before the Forum and deposed that he has joined in the year 2011 in the OP-Organization i.e. Enzen Global Solutions Pvt.Ltd. and was collected the minimum fixed charges through complain ant was not availing the power supply till 2013 and money receipt were granted towards collection of monthly payments.

4.             Heard the complainant and Ld. Counsel for OP No.1,3 & 4 and case of the OP No.5 & 6 on merit. Perused the document i.e. copies of statement of accounts,monthly energy bills, money receipts issued against the name of the complainant bearing Consumer No.02550129, also examined the copy of the physical verification report of complainant-consumer issued/signed by Kailash Ch.Ojha Lineman(OP No.5). The admitted facts of the case are that complainant is a domestic category of consumer under Ops bearing Consumer No.02550129 and after collapse of the house of the complainant power supply was disconnected by the lineman Kailash Ojha from dtd.15.10.2010 to dtd.20.06.2013. It is further admitted fact that Ops were collecting dues as minimum fixed charge during the disconnection period. We have to decide the dispute whether the minimum monthly fixed charged collected by the Ops  during the disconnection period( 15.10.2010 to dtd.20.06.2013) as raised by the complainant whether legally sustainable  on the eye of law or not ? Complainant in his petition states that though the residential house where  he was availing the power supply for domestic use delapted during the flood in the year2010, he shifted to some other place and after due intimation to the Ops the lineman of the Ops disconnected the power supply and issued certificate(physical verification report) that no electricity was consumed by the complainant from dtd.15.10.2010 to dtd.20.06.2013. Complainant alleges that during the period collection of energy charges are illegal. On the other hand Ops state that as per clause-84 of the OERC(Conditions & Supply) Code-2004 they are empowered to collect the MMFC(minimum monthly fixed charge) though no electricity was supplied to the complainant-consumer. Clause-84 of the OERC(Condition & Supply) Code-2004 reveals that “Every consumer, during continuance of agreement under Regulation 15, shall be liable to pay minimum monthly charges even if no electricity is consumed for any reason whatsoever or supply has been disconnected due to default of the consumer”. In the present case neither of the parties speaks a single sentence regarding existence/termination of agreement. The Opp.Party-Enzen Global Solutions dispute that no information or evidence has been obtained regarding disconnection of power supply to the complainant’s premises. In this regard we are of the opinion that the lineman Kalash ch.Ojha the staff of the Ops deposed and signed a physical verification report by opining that the power supply has been disconnected from dtd.15.10.2010 to dtd.20.06.2013. The   version    of   lineman Kailash Ojha is substantiated by OP No.2 who in their written statement clearly states that the Ops were collecting the MMFC during the disconnection period.  It is further revealed from the money receipts produced that the name of the complainant and his consumer number is in tact from dtd.15.10.2010 to till-date. It is clear that Ops have collected the MMFC which are legally empowered them to collect during continuance of the agreement for whatsoever reason. Other than the MMFC Ops can not collect  any other dues from the complainant, if collected the same dues to be refunded or  adjusted in the future monthly energy bills of the complainant. In the written statement OP No.2,CESU averred that complainant had sought redressal before GRF,CESU but both the sides are silent on the observation of the Hon’ble GRF.

              Accordingly, the complainant is disposed of without cost. The interim order passed in I.A.Case No.12/2016 is hereby vacated.                                                                                                                                       

                                    Pronounced in the open Court, this the 22th day of October,2016.