Date of filing:-17/10/2014.
Date of Order:-02/05/2018
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 29 of 2014.
Smt. Bhagyabati Panda, wife of Muralidhar Panda, aged about 59(fifty nine) years, Occupation- House wife, R/o Ward No. 18(eighteen), Near N.H.6(six), Shiba Mandir, Bargarh, Po/Ps/Dist. Bargarh ..... ..... ..... ..... Complainant.
-: V e r s u s :-
S.D.O. Electrical, Bargarh Electrical Sub-Division, At/Po. Bargarh, Ps/Dist. Bargarh.
K.Sasmal, Sectional Officer (Elect) WESCO Utility Assessing Officer, WESCO vigilance Burla, At/Po. Chhatu Makuna, Ps/Dist. Bolangir, Pin-767065.
Chairman, Odisha State Electricity Regulatory Commission, At- Toshali Bhawan, Satya Nagar, Unit-9, Bhubaneswar. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri S.P.Mishra, Advocate with others Advocates.
For the Opposite Party No.1(one) :-
and the Opposite Party No.2(two):- Sri P.KAcharya, Advocate with others Advocates.
For the Opposite Party No.3 :- Ex-parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.02/05/2018. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member(w):-
The Complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act 1986. The brief fact of the Complaint described here under.
The Complainant is a consumer bearing Electric Consumer No. 5121-2410-0123 of Opposite Party No.1(one) who is the distributor of electricity under his jurisdiction, Opposite Party No.2(two) the sectional Officer (Elect) WESCO Utility Assessing Officer, WESCO Vigilance Burla and Opposite Party No.3(three) is the Chairman, Odisha State Electricity Regulatory Commission, Bhubaneswar and he has filed this case U/s 12 of Consumer Protection Act 1986 against the Opposite Parties alleging deficiency in service and adopting unfair trade practice on the ground of non supplied of final assessment order copy to her.
The Complainant was paying the electricity bills regularly to the Opposite Parties but suddenly they served with a provisional assessment order dated 27/08/2013 upon her, which was immediately objected by her on Dt. 02/09/2013 and on her objection the Opposite Party No.1(one) has assured to make call on the date of hearing when the Opposite Party No.2(two) will be available. Again surprisingly in the month of August 2014 the Opposite Parties have issued excess electricity bill by charging Rs. 39,564.68/-(Rupees thirty nine thousand five hundred sixty four and sixty eight paise)only without considering her objection and also not given opportunity to hearing her. After receiving the excess bill the Complainant has approached before the Opposite Party No.1(one) and 2(two) several times particularly on Dt. 20/09/2014, Dt. 22/09/2014, 25/09/2014 and Dt. 27/09/2014 for granting of the copy of Final Assessment Order bill but they refused to grant such an order against her saying “do what ever you like”. Then the Complainant has filed counter representation before the Collector, Bargarh on Dt. 29/09/2014 but there was also no any result and the Complainant then complained before the Grievance Redressal Forum, Burla on Dt. 30/09/2014 and requested them to grant her the final assessment order but they did not take any step in that regard. Hence this case. As per the Complaint the cause of action arose on Dt. 27/08/2013, Dt.02/09/2013, Dt.19/09/2014, Dt.29/09/2014 and Dt.30/09/2014, within the jurisdiction of this court and all the Opposite Parties are liable for harassment shown by them towards the Complainant, by refusing to grant the final assessment order copy. Thus Opposite Parties unlawful unethical and unjust which violating natural justice.
Therefore, the Complainant has prayed, before the Forum the Opposite Parties to be directed to supply the copy of final assessment order mentioning the date of delivery therein and to pay Rs. 50,000/-(Rupees fifty thousand)only for compensation of mental agony and harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses.
The Complainant in support of her contention relied upon the xerox copies of the following documents.
Provisional Assessment Order Dt. 27/08/2013 bearing letter No. 406 in favour of the Complainant.
A copy of objection against the provisional Inspection Report Dt. 17/08/2013 by the Opposite Parties before K.M. Sasmal, the Assessing Officer, under office of the vigilance, WESCO, Burla.
Electricity bills for the month of July and August 2014 by WESCO bearing Consumer No. 512124100123.
A copy of grievance letter to the Collector, Bargarh by the Complainant.
A grievance letter to the Chairman regarding non issuance of notice to the Opposite Parties for non delivery of Order.
One returned letter from the President, Grievance Redressal Forum, WESCO, Burla against the Complaint petition bearing electrical Consumer No. 5121-2410-0123 Dt. 21/10/2014 to the Complainant.
Later on one disconnection notice served the Opposite Parties Dt.19/11/2014 has been filed by the Complainant.
Being noticed the Opposite Parties No. 1(one) and 2(two) appeared before the Forum through their legal counsels and filed their versions denying the allegations of the Complainant. But Opposite Party No.3(three) has not appeared personally or through any legal counsel and also not filed his version being notice served to him. So on Dt.16/04/2018 Opposite Party No.3(three) has set ex-parte.
The Opposite Parties in their version contended that the present complaint relates to dispute of theft of electricity i.e. U/s 126 Electricity Act. But they admitted that the Complainant is a consumer bearing Electric Consumer No. 5121-2410-0123 and suppressed the true fact that during inspection on Dt. 17/08/2013 by vigilance squad of WESCO against the power supply of the Complainant, it was found that the meter has been tempered and by-passing the meter the Complainant was using a total load of 2(two) K.W, then they prepared an inspection report on the same day and forwarded the same for necessary penal action U/s 126 Electricity Act 2013 by the appropriate authority. The Opposite party No.1(one) being the designated Authority as Assessing Officer, assessed the loss for such unauthorized consumption for last twelve months of Rs. 46,213/-(Rupees forty six thousand two hundred thirteen)only and accordingly a provisional assessment order vide letter No. 406 Dt. 27/08/2013 was served on the Complainant for payment of penal bill with in seven days or to file objection within said period for hearing of the matter on Dt. 04/09/2013 for final assessment, but the Complainant neither paid penal bill nor filed any objection to the provisional assessment for finalization of the proceeding. As such no final assessment could be made for a long period for the latches of the Complainant.
Further the version of the Opposite Parties contends that the alleged Complaint is false, fabricated and baseless and the Opposite Party No.1(one) drawn out final assessment of the provisional bill of Rs. 46,213/-(Rupees forty six thousand two hundred thirteen)only and served on the Complainant vide letter No. 304 on Dt. 16/08/2014. Thereafter the Complainant met in the office of Opposite Party No.1(one) and raised objection of non-receipt of the final penal bill, then one copy was given to her on spot, but the Complainant tried to disfigure the record which is it self evident from the copy of final assessment. Accordingly the Complaint is with false averment and is liable to dismiss.
Further Opposite Parties in their version contended that the contents of the Complaint are narrated in self-interest of the Complainant with false plea, so denied. And a representation filed by the Complainant before the District Magistrate, Bargarh, answering the same Opposite Party No.1(one) has submitted a details statement along with record vide office letter No. 511 on Dt. 29/10/2014 through the appropriate Authority.
And the Complainant being involved with penal assessment U/s 126 of the Electricity Act 2003 and a specific adjudicating body is there designated as Appellate Authority for U/s 127 of the Electricity Act-2003, thus the Complaint is not maintainable before this Forum. Further Hon'ble Supreme Court of India in special leave to Appeal (Civil) No. 35906/2011 (UP Power Corporation Ltd & others Vs Anis Ahmed) has categorically observed that Complaint relating to theft and unauthorized consumption there being special body provided under the Electricity Act 2003, are not maintainable by the Consumer Forum. As such the Complainant is liable to be dismissed.
The Opposite Party No.2(two) filed his version stating therein that the Opposite Party No.2(two) admits and adopts the version already filed by the Opposite Party No.1(one) and the version filed by Opposite Party No.1(one) may be treated and read as same the version filed by the Opposite Party No.2(two).
The Opposite Parties in support of their contention relied upon the xerox copies of the following documents:-
The copy of the inventory Dt.17/08/2013.
The copy of Provisional Assessment Bill Dt.27/08/2013.
The copy of Final Assessment Bill Dt.16/08/2014.
The copy of clarification Dt.29/10/2014 by S.D.O.(Electrical) Bargarh.
Having gone through the entire case record, pleadings of the Parties and documents available in the case record, the issues arises to be decided by the Forum are as follows:-
Whether the complaint is maintainable before this Forum or not ?
Whether the Opposite Parties have caused deficiency in service to the Complainant ?
What reliefs the Complainant is entitled for ?
In answering Issue No. 1(one) here the Opposite Parties have in their version stated that the Complaint is relating to theft of electricity thus the Consumer Forum has no jurisdiction to entertain the case here, therefore they have prayed to dismiss the case on the point of maintainability by citing the decision of Hon'ble Supreme Court in the case of U.P.Power Corporation Vrs Anis Ahmad. But in perusal of the whole record we found that the Complainant has filed this case against the Opposite Parties for non-granting of Final Assessment Order in violation of Section -171, Electricity Act-2003 and for the excess bill amount imposed on her by the Opposite Parties. Therefore rightly this Forum has jurisdiction to entertain the case, and the case is maintainable here.
Secondly, in answering Issue No.2(two), As per the record the Opposite Parties have issued an excess bill by charging of Rs.39,564.68/-(Rupees thirty nine thousand five hundred sixty four and sixty eight paise)only in the month of August-2014 to the Complainant and in receiving the same the Complainant has approached before the Opposite Party No.1(one) and No.2(two) several times for granting of the copy of Final Assessment Order, so as to she became able to challenge the same before the higher authority but the Opposite Parties did not listen to her.
Again the Opposite Parties have contended that a Provisional Assessment Order vide Letter No.406 Dt.27/08/2013 was served on the Complainant for payment of penal bill within the said period for hearing of the matter on Dt.04/09/2013 for final assessment, but the Complainant has neither paid penal bill nor filed any objection to the same for finalization of the proceeding for which final assessment could not be carried out for the latches of the Complainant for a long period. But in this regard the Complainant has filed an document which shows that on Dt.02/09/2013, within the time limitation of seven days the Complainant has filed her objection against the Provisional Assessment Order Dt.17/08/2013 before Opposite Party No.2(two) i.e. K.M.Sasmal, the Assessing Officer, under office of the Vigilance, WESCO, Burla through the Opposite Party No.1(one), the S.D.O., WESCO, Bargarh which was received by the Divisional Accountant, WESCO, BED, Bargarh. So, the contention of the Opposite Party seems to be false.
Further, as per the record, on Dt. 27/09/2104 the Complainant has gone to the office of the Opposite Party No.1(one) and one copy of Final Assessment Order was issued to her on the spot. By getting the copy she has requested the officials to mention the date of the Final Assessment Order as per the actual date of issue of the copy to the Complainant where the officials denied her by saying that it would contravene the practice of the office.
Form the above discussion it is clear that the Opposite Parties have prepared the Final Assessment Order on Dt.16/08/2014 but neither they sent it immediately to the Complainant nor gave any information regarding the same to her, for which she would not be able to file her complaint/objection before the higher Appellate Authority for necessary redressal within the limitation period. Hence, from all corner of the facts, it is convincingly proved that the Opposite Parties are liable for deficiency in rendering service to the Complainant. So the issue No.2(two) is answered affirmative.
In answering the Issue No.3(three), An elaborate discussion have been made of the facts and law, the Complainant is entitled for the relief as would be deemed fit as upon the consequence of the complaint. Going deep into the matter of facts and law and the evidences available as to the feedback, the Forum order as follows:-
O R D E R
The Opposite Parties are jointly and severally directed to supply the copy of Final Assessment Order with the original date of delivery of such copy to the Complainant and to pay Rs.2,000/-(Rupees two thousand)only for mental agony, harassment and towards litigation expenses within one month from the date of this Order, failing of this order legal action will be taken up against the Opposite Parties.
The Complaint petition is allowed and disposed off accordingly.
Typed to my dictation
and corrected by me.
( Ajanta Subhadarsinee)
M e m b e r (W). I agree,
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
