SRI JIBAN KRUSHNA BEHERA, MEMBER (I/C)
The complainant has filed this complaint petition, U/s-35 of C.P. Act, 2019 (here-in- after called as the “Act”) alleging a “deficiency-in-service” by the Ops, where Ops are the Electrical authorities with a prayer to delete the excessive bill amount of Rs.67,675/-, to direct the Ops for correction of the category of the complainant from commercial to domestic, to correct the load factor from 3 KW to 1.5 KW as per unit consumption, refund the excess amount received from the complainant under commercial category and to direct the Ops to receive the current bill regularly till disposal of the case.
2. The case of the complainant, in short, is that the complainant is a domestic consumer under the Ops bearing consumer No.3242E3030439. The entire village of the complainant was seriously affected and all the mud houses including the house of the complainant were totally capsized in the flood water during the devasted flood in the year 2008 for which electric connection to his house was disconnected. By the aid of Government of Odisha, the complainant constructed a house under Indira Awas Yojana Scheme and electric connection was supplied to his new house in the year 2013. But surprisingly, power supply was restored under commercial category instead of domestic category. The Ops have installed one defective old meter and used to collect bill on average basis. For the aforesaid reason, the complainant filed grievance petition on 31.10.2017 before the GRF, Balasore which was registered as GRF Case No.235 of 2017 which was disposed of in favour of the complainant on 6.12.2017. It is further stated that the Ops have not yet been complied the direction issued by the GRF, Balasore in the afore stated case except installation of a new meter. The tariff and category of the consumer has not been corrected, rather, arrear outstanding amount of Rs.67,675/- is demanded by the Ops. The Ops, served a disconnection notice, threatening the complainant to disconnect the power supply to his premises. The complainant is regularly paying the current bill amount but in the receipt though category is written as domestic but in the bill itself category is shown as commercial.
The cause of action arose for filing of this case on 31.12.2020, when some staffs of the Ops are threatened the complainant to disconnect the power supply to his premises. Therefore, the complainant was constrained to file the present case. Hence, this case.
To substantiate his case, the complainant relied upon the following documents, which are placed in the record-
- Photocopy of grievance petition to the GRF.
- Photocopy of order dated 6.12.17 passed by the GRF, Balasore.
- Photocopy of electric Bills.
- Photocopy of current bill payment receipts.
- Photocopy of disconnection notice
3. Both the Ops have appeared and filed their joint written version challenging the maintainability of the case and cause of action for filing the case. They have stated, inter alia, that the complainant is a commercial consumer with CD 3 KW. The complainant has filed a complaint before the GRF, Balasore vide Case No.235 of 2017 and the order passed by the GRF, Balasore has already been carried out by the Ops and thus the Ops have not committed any negligence or any unfair practice. If at all, the complainant aggrieved in complying the order of GRF, Balasore, then he may seek remedy before the higher forum and not before this Commission and thus the complaint filed before this Commission is not maintainable. In the above facts and circumstances, the Ops prayed to dismiss the case.
4. During course of hearing, it is argued by the learned counsel for the complainant that the complainant is a domestic consumer under the Ops bearing consumer No.3242E3030439. During the flood in the year 2008, the house of the complainant was totally capsized in the flood water for which electric connection to his house was disconnected and by the aid of Government of Odisha, he constructed a house under Indira Awas Yojana Scheme and electric connection was supplied to his new house in the year 2013, but surprisingly, power supply was restored under commercial category instead of domestic category. The Ops have installed one defective old meter and used to collect bill on average basis for which the complainant filed grievance petition on 31.10.2017 before the GRF, Balasore bearing GRF Case No.235 of 2017 which was disposed of in favour of the complainant on 6.12.2017. It is further submitted that the Ops have not yet been complied with the direction issued by the GRF, Balasore in the aforestated case except installation of a new meter. The tariff and category of the consumer has not been corrected, rather, arrear outstanding amount of Rs.67,675/- is demanded by the Ops. The Ops, serving a disconnection notice, threatening the complainant to disconnect the power supply to his premises. The complainant is regularly paying the current bill amount but in the receipt though category is written as domestic but in the bill itself category is shown as commercial.
5. On the other hand, during course of hearing, learned counsel for Ops submitted that the complainant is a commercial consumer with CD 3 KW. The complainant has filed a complaint before the GRF, Balasore vide Case No.235 of 2017 and the order passed by the GRF, Balasore in the said case has already been carried out by the Ops and thus the Ops have not committed any negligence or any unfair practice. If at all, the complainant aggrieved in complying the order of GRF, Balasore, then he may seek remedy before the higher forum and not before this Commission and thus the complaint filed before this Commission is not maintainable.
6. From the above rival submissions of both the parties, one thing is clear that the complainant had filed GRF Case No.235 of 2017 (vide Annexure-1) being aggrieved with the overt act of the Ops which was disposed of on 6.12.2017 (vide Annexure-2). While disposing of the aforesaid GRF Case, learned GRF, Balasore directed the Ops to install a correct meter and recast the energy bills raised on load factor basis from March, 2002 and to physically verify the premises of the complainant and change the tariff if necessary. The Ops have claimed that they have already complied with the order passed by the learned GRF, Balasore, but the complainant stated that the Ops have not complied with the order of the learned GRF, Balasore except installation of a new meter. That apart, the complainant has stated that the Ops have not visited his premises nor taken any steps to correct the tariff and category of the consumer, rather, arrear outstanding amount of Rs.67,675/- is demanded by the Ops. Moreover, the Ops, by serving a disconnection notice, threatening the complainant to disconnect the power supply. Now the complainant is regularly paying the current bill amount, but in the receipt though category is written as domestic but in the bill itself category is shown as commercial.
7. In the present case, the complainant has admitted that he filed a grievance petition before the GRF, Balasore on 31.10.2017 which was registered bearing GRF Case No.235 of 2017 and while disposing the aforesaid case, direction was issued to the Ops for installation of a correct meter and recast the energy bills raised on load factor basis from March, 2002 and further to verify the premises of the complainant and change the tariff if necessary. It is the claim of the complainant that in spite of the direction, the Ops have not yet complied the same except installation of a new meter. Further, the Ops have not at all visited the premises of the complainant, rather, received the current bill amount regularly showing the category as domestic but in the bill itself showing the category as commercial, which find place in the Annexure-3 & 4. In the above premises disconnection notice vide Annexure-5 is illegal. The Ops should have been obeyed and complied the direction passed by the GRF, Balasore. Moreover, not a single document is placed before this Commission to prove that the Ops have complied with the order passed by the GRF, Balasore. Therefore, it cannot be believable that the Ops have complied with the order of the GRF, Balasore.
8. On the other hand, when the Ops have flouted the order of the GRF, Balasore, the complainant has every liberty to approach the higher forum against the Ops to seek proper remedy as per Sub-section (6) & (7) of Section 42 of the Electricity Act, 2003 and without approaching the high forum, the complainant has filed the present case before this Commission sounds no good. At the same time, non-compliance of the order of the GRF, Balasore by the Ops and constrained the complainant to file grievance after grievance before the forum one after another by harassing mentally and financially is also sounds no good and such type of lapses on the part of the Ops should be avoided in future.
9. From the above discussions made in the foregoing paragraphs, the complainant has no cause of action to file the case and consequently, the case is not maintainable, thereby, the complainant is not entitled to any relief what-so-ever in this case.
Hence, it is ordered -
O R D E R
The complaint of the complainant be and the same is dismissed on contest against the Ops. In the facts and circumstances, no order as to cost.
Pronounced in the open court of this Commission, this the 23rd day of April, 2024 under signature & seal of the commission.
