SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of providing inflated erroneous energy billings are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that complainant is a domestic category of consumer under Ops bearing Consumer No.01730310. Complainant was enjoying power supply and paying the energy dues of Ops regularly up to the year 2013. Complainant on receipt of monthly energy bill of Dec-2013 amounting of Rs. 31,136/- and on inquiry from Op No. 1&2 came to know that his category of consumer has been changed from ‘Domestic’ to “P.I’ on the ground that complainant is running a computer institute against the allotted consumer number. Complainant to center the allegation of running of computer institute states in his complaint petition that as has residential house is situated near Chaudakulat main road an advertisement of computer institute painted in his residential wall. The officials of Ops on dtd. 30.01.2013 without noticing such facts and details of equipments and consumption of electricity inspected/verified the residence by obtaining the signature of the complainant on the verification form.Complainant to substantiate his pleadings submits a number of monthly consumption of energy from May,2013 to June,2014. It is also revealed from the complaint petition that on the assurance of OP No.1 to consider the grievance complainant deposited Rs.2000/- on dtd.31.03.14, but Ops did not rectify the energy bills for which an Advocate notice was issued on dtd.29.04.14,same remains unanswered. It is further submitted that complainant has not used his residential house as a computer institute and the inspection report of Asst.Manager(Commerce) is false, arbitrary and an unfair trade practice adopted by Ops which gives mental agony to the complainant. Complainant prays before this Forum that a direction may be given to Ops to rectify the energy bills by reclassifying the complainant as a domestic category of consumer and Rs.1000/- may be awarded as compensation for mental agony.
3. Being noticed Ops appeared through their Ld. Counsel Mr. P.K.Samal filed written statement into the dispute challenging the maintainability of the complainant. The written statement reveals that on 14/11/2013 the officials of Ops on the presence of complainant found that a computer Institute is running in the residence of the complainant, accordingly Asst. Manager(Commerce) U/S 126(2) of Indian Electricity Act-2003 and by order dtd. 30.11.2013 reclassified the complainant/ consumer from Domestic to P.I.. On Order dtd. 31.11.2013 of OPs complainant was also offered to file objection to such re-classification. It is also revealed from the written statement that in spite of receipt of the order dtd. 30.11.2013. Complainant did not file any objection as stipulated on the notice nor preferred any appeal U/S-127 of Indian Electricity Act,2003. The further action of the Ops can not be challenged in view of bar U/S-174,175 of the I.E.Act,2003. As the assessment has attended its finality,a complainant has not paid any amount and Ops are at liberty to proceed against complainant for non-payment as per the I.E.Act and OERC,Rules,2004. It is further revealed that complainant to avoid punishment and fine as per Sec.146 of I.E.,2003 has foisted the false case against the Opp.Parties which is liable to be dismissed with cost.
4. Heard the Ld. Counsels appearing for the parties, gone through the documents like energy bills, physical verification report, provisional assessment order dtd. 30.11.2013 and a registered letter dtd. 28.08.2014 addressed to SDO,CESCO,Pattamundai filed by the complainant. This Forum also examines the documents(State of Accounts) filed by Ops in connection to the present dispute.
The admitted facts of the case are that complainant is a consumer under OPs bearing Consumer No.01730310. A physical verification was conducted on the residence of the complainant on the presence of the complainant and the category of complainant was changed or reclassified from domestic to P.I. after the said verification. It is further admitted that after said verification a provisional assessment order dtd. 30.11.2013 was passed and communicated to complainant-consumer.
Before considering the facts on merits, it will be lawful and proper to discuss the maintainability of the case as raised by the Ld. Counsel for Ops during the course of argument. It is contended by the Ld. Counsel for Ops that the residence of the complainant was inspected by the official of Ops on dtd.14.11.2013 in the presence of the complainant. It was found that a computer Institute was running in the residence of the complainant, accordingly as per the provisions of I.E.Act,2003 and as per OERC Code 2004 the status of the complainant was reclassified from domestic to P.I. as the complainant was consuming electricity by violating the terms and conditions. Ops accordingly assess the loss and imposed the penality amounting of Rs.30,930.44 U/S-126(2) of I.E.Act,2003. It is further contended that complainant has not filed any objection to the said assessment as per the provisions of I.E.Act and OERC Code. It is further contended that U/S-145 of the I.E.Act,2003 which seizes the power of any other Court to adjudicate a dispute of sec.126 of I.E.Act,2003 without complying the provisions U/S-127 of I.E.Act. In support of his claim Ops filed a decision of the Hon’ble Supreme Court in case of U.P.Power Corporation Ltd.& Others-Vrs- Anis Ahmed reported in 2014(1) OLR(SC)-68.
On the other hand Ld. Counsel for complainant submitted that this Forum is competent enough to adjudicate the dispute as the allegations are related to unfair trade practice and the disputed physical verification conducted by officials of Ops are not in accordance with the law. Complainant elaborating and challenging the physical verification report submits that no foul play is disclosed from the P.V.Report and no details of gadgets,equipments or apparatus are shown in P.V.report by which it can be ascertained that the alleged computer institute was consuming more electricity by deviating the contract demand or connected load.
Considering the contentions of the parties, we feel that the physical verification report did not disclose any excess consumption by use of number of computers, UPs etc. Which strengthens the claim of the complainant. It is equally clear that complainant has not filed any written objection to the provisional order of assessment dtd. 30.11.2013 except a registered letter on dtd.28.08.2014 addressed to the SDO,Electrical,CESCO,Pattamundai nor has preferred by appeal before the Appropriate Authority.
In this circumstances, when an order of assessment has been passed on dtd. 30.11.2013 and same has been communicated to complainant is this Forum competent enough to adjudicate the dispute. In this regard we rely on the decision of the Hon’ble Supreme Court in case of U.P.Power Corporation-Vrs-Anis Ahemed, we quote the observations of Hon’ble Supreme Court in para 47(ii). “ A complaint against the assessment made by assessing officer under Section -126 or against the offences committed U/S-135 to 140 of the Electricity Act,2003, is not maintainable before a Consumer Forum.
As per aforesaid discussions and decision of Hon’ble Supreme Court, it is clear that the present complaint is not maintainable before this Forum. But this Forum, considering both the legal and factual position of the dispute gives an opportunity to the complainant-consumer to approach the appropriate authority for redressal of his grievance, limitation of filing the complaint before the competent authority will not be a bar to file the complaint. The interim application and objection filed by the parties are hereby disposed of as per our observations made above.
Having observations reflected above the complaint is dismissed on ground of maintainability. However, one month time is given to the complainant from the date of receipt of this order to file grievance before the appropriate authority, if the complainant desires to do so. The interim order passed by this Forum dtd. 05.08.2015 is hereby vacated. If any amount is deposited by the complainant-consumer in respect to our interim order same to be adjusted in the monthly energy bill of the complainant. The Ops hereby restrained to take any coercive action against the complainant till the time given in this order for filing complaint before the appropriate authority by the complainant-consumer.
The complaint is dismissed on contest.
No order as to cost
Pronounced in the open Court, this the 16th day of May,2016.
