MR. BIBEKANANDA DAS, MEMBER:-                               

                  This C.C.Case has been filed U/S-35 of C.P.Act since 2019 by the Complainant being aggrieved by an sudden imposition of arrear amount of Rs. 32,937/- on Complainant as per energy bill Sep-2018. The Case has been pending when the distribution licensee  Enzen Global Solution Pvt. Ltd. for which Vakaltnama filed by Ld. Counsel P.K.Samal with associates but not filed any written version after Enzen to CESU came as licensee and then TPCODL. After Enzen the CESU & TPCODL are deemed distribution licensee as per Govt. of Odisha notification. The CESU then TPCODL are responsible for their pending litigation but nobody filed written version after 4 years. We can’t wait to sweet will of Ops for more years to come for filing written version point raised by Complainant arising out of defect & deficiency the Ops TPCODL have obligation as deemed distribution licensee to defend the litigation. Though there is vakaltnama we are not deciding ex-party, but deciding as per allegation raised by Complainant.

                 The Complainant annexed meter verification report of dt. 30.01.2019 with remarks bill revision No. assessment U/S-126 & 127 Electric Act nor any report of U/s-125 to 140 & 150 of Electric Act. Complainant bill shown July 2018 Rs. 188/-, Oct-2018 Rs. 470/-, Nov-2018 Rs. 610/- Dec-2018 is Rs. 400/- Sep-2018 Rs. 904/-. The Ops supplied one bill in Sep-2018 with arrear Rs. 32937/- which is illegal and arbitrary as per Sec-100(2) O.E.R.C Regulation distribution(condition of supply) code 2004, the arrear bill shown have no legal force and unsustainable in eye of law. The Complainant is not liable to pay the arrear amount shown Sep-2018 which is against the principle of law. The Ops(TPCODL) must deduct the same if it is shown at present day billing.

                              O R D E R

                        It is directed that the TPCODL shall deduct the arrear amount Rs. 32,937/- from present energy bill which is illegal & arbitrary after receipt of this order within a period of two months failing which the TPCODL shall responsible for interest on the amount & shall liable U/S-71 & 72 of C.P.Act, 2019.                     

                  On the above observation the  C.C.Case No. 11/2019 is allowed.

                 Pronounced in the open Court, this the 15th day of March,2023.                         

                              I, agree.

                                Sd/-                                                         Sd/-

                            PRESIDENT                                         MEMBER