The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the S.D.O, Electricals, R.E-I, C.E.D, Balia, Balasore and O.P No.2 is the Junior Electrical Manager, Rupsa Electrical Section, Rupsa, Balasore.
Bereft of unnecessary details briefly stated the case of the Petitioner is that the Complainant is a bonafide Consumer under the O.Ps and having one residential house in a rural area including 2/3 shops towards its outer side, but the O.Ps have classified the Petitioner in commercial category having 2 K.W load with single phase. During the month of March, 2016, the O.Ps have sent an electric bill showing the arrear of Rs.34150.25 ps. (Rupees Thirty four thousand one hundred fifty and twenty five paisa) only to be paid by the Complainant. The electric bills from January, 2014 to February, 2016 with payment receipts in xerox are filed herewith by the Complainant, where no arrear is outstanding accrued upon the Complainant, which is evident from the bills sent by the O.Ps. On enquiry by the Complainant to the O.Ps, they did not pay any heed to it. The O.Ps silence to the arbitrary demand of arrear without any cogent reason is termed as deficiency-in-service by them.
Prayer for deletion of impugned/ erroneous bill of March, 2016 showing arrear of Rs.34150.25 ps. and extension for domestic connection to the residential house of the Complainant along with compensation for mental agony.
Written version and written argument filed by the O.Ps through their Advocate, where they have denied about jurisdiction as well as its cause of action.
On perusal of the documents available in the case record, it is noticed that:-
1. Receipt No.547482 (Book No.17738), dt.31.10.2002 for Rs.500/- filed by the Complainant received by O.P from the Complainant, where it is clearly mentioned category-DOM i.e. for domestic category.
2. Spot verification report on checking of installation dt.10.07.2012 filed by the O.Ps, where they have admitted that out of 1590 watt consumed by the Complainant, only 300 watt is used for commercial purpose and 1290 watt is used for domestic purpose. It is also revealed from the load distribution column, three nos. of 100 watt bulb are being used for commercial purpose. It indicates the size of the shop is very small and 100 watt bulb is sufficient for the purpose. We are surprised to note that when more than 80% of consumption is being utilized for domestic purpose, out of total consumption of 1590 watt, the Complainant is categorized as a commercial category Consumer. However, the Spot verification report is neither signed by the Consumer nor by his representative in the instant case. Further it is noticed that in meter status column, the O.Ps have submitted that “No seal in MTC and TP (O) also”. But it is a matter of fact that the O.Ps take the reading of the meter installed in the premises of the Complainant on monthly basis and supply with the electric bill also.
3. The O.Ps have also admitted vide their Spot verification dt.10.07.2012 that the Consumer is availing 0.5 K.W load for commercial purpose and 1.5 K.W load in his residential house. But till date, the O.Ps have not initiated any steps to bifurcate the entire consumption of electricity by the Complainant in two groups i.e. Residential category and Commercial category, although more than four years is passed in between. They have also admitted that arrear amount of Rs.30141.69 ps. (Rupees Thirty thousand one hundred forty one and sixty nine paisa) only was reflected in the bill for the month of January, 2013, but the said amount was wrongly deleted in the bill for the month of May, 2013. During the course of scrutiny of the Audit Party, it was detected during 2016. Thereafter the said amount included as arrears amounting to Rs.34150.25 ps. (Rupees Thirty four thousand one hundred fifty and twenty five paisa) only was served to the Consumer in the bill for the month of January, 2016.
4. The electric bills for the period January, 2014 to March, 2016 and receipt of payment thereof filed by the Complainant in this case is ascertained that no arrear amount of electricity is reflected in the electric bills supplied by the O.Ps to the Complainant for the period of January, 2014 to February, 2016, which is for 26 months. No arrears is demanded by the O.Ps to the Complainant during the above said period.
5. The Ld. Counsel appearing for the O.Ps has filed the written version and argued that the arrears shown in March, 2016 bill is a penalty imposed on the Complainant U/s.126 of Electricity Act, 2003 for the un-authorised connection found in Spot verification dt.10.07.2012. The O.Ps failed to substantiate the institution of Sec-126 action against the Complainant.
Without going deep into the matter in this respect, it is the mandate of Law U/s.100-Subsection-2 of Electricity Laws in Orissa under Chapter-XI, it has been enshrined that “Notwithstanding anything contained herein above, no sum due from any Consumer under this Section shall be recoverable after a period of two years from the date, when such sum became first due, unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity for non-payment of such sum, which has become non-recoverable”.
On the spirit of the above Law, the O.Ps can’t recover the arrear amount as shown in March, 2016 bill of the Complainant. The Petitioner’s complaint that separate connection has not been extended yet to his residential house under the above premises. Hence, the Order:-
O R D E R
Having regards to our judgment reflected above, the complaint is allowed in part with direction to the O.Ps to initiate steps to waive out the arrear amount i.e. Rs.34,150.25 ps. (Rupees Thirty four thousand one hundred fifty and twenty five paisa) only as reflected in March, 2016 energy bill supplied by them to the Complainant and also further directed to extend a separate connection to the house of the Complainant, if applied for, on following procedures as laid down with them, within a period of 2 months of receipt of this order.
No order as to cost and compensation.
Pronounced in the open Forum on this day i.e. the 29th day of November, 2016 given under my Signature & Seal of the Forum.
