PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
Consumer Complaint No.- 50/2023
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Raj Kishor Behera
S/o-Upendra Behera
R/o At- Kumbharpada, Putibandh,
Dhanupali, Ps- Dhanupali,
Dist- Sambalpur-768005 .……….......Complainant.
Vrs.
- S.D.O, Electrical,Dhanupali
Po/PS- Dhanupali, Dist- Sambalpur-768005
- Executive Engineer Electrical,
Office of the Executive Engineer ,
General Electrical Division, Sambalpur,
At- Bhutapada, Hans Nagar,
Sambalpur-768001,Odisha ...……….Opp. Party
Counsels:-
- For the Complainant :- Sri. A.K. Das, Adv. & Associates
- For the O.P. No.1 & 2 :- Swapnil Nanda, Legal Officer.
Date of Filing:05.04.2023, Date of Hearing :11.12.2023 Date of Judgement : 29.01.2024
Presented by Sri Sadananda Tripathy, Member.
- The Brief fact of the Complainant is that the electric conection is in the name of the late father of the Complainant. After the death of the Complainant’s father on 20.12.2010, the Complainant is using the same connection and paying electric bill regularly. In the year 2016, the Complainant found that the meter installed by the Electric Department was not functioning. The Complainant visited the office at Dhanupali several times and orally complained about the same. The officials could not take any action. At last finding no other way, the Complainant on 23.01.2017 lodged a written complaint and on 6.11.2000 a new meter was installed by the department. In the month of January 2021 the Complainant came to know that in one slab in the month of January 2016, the consumer was billed 23342 units and correct meter reading in the same January 2016 is 33150 units. This alone brings the bill of the Complainant to Rs. 1,40,226/-. Earlier to this period the Complainant has an arrear of about Rs. 25,978/-. This show that increase of Rs. 1,14,253/-. In the month of March 2016, the Complainant paid electric bill of Rs. 11,500/- as per the instruction of the company. So as to decrease the arrear paid about Rs. 20,000/-. The provisional electric bill as was charged to the Complainant 73 units till December 2014 but from January 2015 the department started to charge provisional bill at 144 units per month, which is about doubled the earlier. When his oral submission for several times was ignored the Complainant gave a written complaint to the Executive Engineer Electric Division, Dhanupali on 11.2.2021 to rectify the mistake committed. When all efforts of the Complainant went vain the Complainant compelled to drag the Hon’ble commission to get justice.
- The written statements of the O.Ps is that the Complainant has been issued with provisional bill from August 2013 to December 2015 with a very low unit due to house lock during meter reading in some months and in other months due to some official constraint. The Complainant also managed to suppress the meter reading in connivance with the meter reader before August 2013. However, in the month of January 2016 the consumer has been issued actual bill for 23342 units which has been accumulated since last nine years including the provisional period billing. Thereafter the energy meter installed in the premises of the consumer became defective and for that provisional bills have again been issued to the consumer from February 2016 to October 2020. Since the consumer was issued provisional bills with very low unit of consumption @144 units/month, he did not cooperate the OPs for replacement of defective meter. Thereafter to compel the consumer like other similar consumers, for replacement of defective meter the OPs issued provisional bills to the consumer @324 units/month and thereafter 540 units/month considering his connected load in his premises. Having no other alternative, the consumer allowed for replacement of defective meter and the defective meter has been replaced with a new meter in the month of November 2020 and thereafter actual bills have been issued to the consumer. Regulation 155 of the Odisha Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 201`9 allowed provisional billing in case of defective meter and prescribes the provision for revision of provisional bills. Hence, there is nothing illegal in billing of the consumer on provisional basis with defective meter. However, taking average of six months’ actual meter reading after installation of new meter from November 2020 to May 2021, the provisional bills from February 2016 to October 2020 will be revised as per provision under Regulation 155 of the OERC Distribution (Conditions of Supply) Code, 2019. Although law casts a duty upon the Licensee to replace the defective meter, an option has also been given to the consumer under CEA (Installation & Operation of Meters) Regulations, 2006 and OERC Distribution (Conditions of Supply) Code, 2019 to purchase the energy meter for installation in his premises. Hence, in case of delay in replacement of the energy meter due to unavailability in the store of the Licensee the consumer can also exercise his option for procurement of the energy meter directly from the market as per specific standard for installation in his premises. The consumer was involved in unauthorized use of energy for which he has been assessed under Section 126 of the Electricity Act, 2003 and thereby in the month of January 2019 an amount of Rs. 30,861/- has been debited to the billing account of the consumer due to such unauthorized use of electricity, to which he is liable to pay.
ISSUES
- Is the Complainant is a Consumer of the O.Ps?
- Is there any deficiency of service in part of O.Ps?
- Whether this Forum/Commission has power to deal the case of electricity Act?
- Whether the Complainant is entitled for getting any relief?
Issue No. 1 Is the Complainant is a consumer of the O.Ps?
The electric connection is in the name of the late father of the Complainant. After the death of the Complainant’s father on 20.12.2010, the Complainant is using the same connection and paying electric bill regularly as beneficiary/legal heir. So, he is a consumer of the OPs.
Issue No. 2 Is there any deficiency of service in part of O.Ps?
The OPs have not followed the necessary procedure regarding the entire proceeding and not given any evidence regarding the same while assessing under Section 126 of the Electricity Act, 2003. Hence the O.Ps are deficienct in service.
Issue No.3 Whether this Forum/Commission has power to deal the case of electricity Act?
As per the observation of the Hon,ble State Consumer Dispute Redressal Commission, Cuttack, in its Judgement dtd. 30.03.2012 in Consumer Dispute Appeal No. 1342/2003, the billing disputes are not entertainable before the consumer fora. But in this case the Complainant has filed the case and submitted against the OPs for Deficiency of service and Unfair Trade practice of the OPs. This commission has power to deal with the case relating to any Deficiency of service and Unfair Trade practice of OPs as per the CP Act.
Issue No. 4 Whether the Complainant is entitled for getting any relief?
From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OPs.
Accordingly the case is disposed of on contest.
ORDER
The OPs are directed to rectify the error arrear committed in the slab of January 2016 and settle the correct arrear amount with the Complainant with mutual consent Rs. 20,000/- towards deficiency of service , damages and mental agony suffered by the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization. Further the Complainant is directed to pay the monthly electric bill regularly to the OPs.
Order pronounced in the open Court today on 29th day of Jan, 2024.
Free copies of this order to the parties are supplied.
