PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                           CONSUMER COMPLAINT NO. 3/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Jasobanta Swain,

S/O-Rasananda Swain,

R/O-Mahamohdpur, Hirakud,

At/Po/Ps-Hirakud, Dist-Sambalpur-768016                  .……….......Complainant.

Vrs.

1. S.D.O.(Electrical), TPWODL,

S/O-Rasananda Swain,

R/O-Mahamohdpur, Hirakud,

At/Po/Ps-Hirakud, Dist-Sambalpur-768016

2. C.E.O., TPWODL, Corporate Office,

At/PO/Ps-Burla,

Dist-Sambalpur-768017, Odisha.               ....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. M.K. Sandha & Associates
2. For the O.P.s                       :- Sri. Swapnil Ku. Nanda

Date of Filing:04.01.2023,  Date of Hearing :09.01.2024,  Date of Judgement :27.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant is a consumer of O.Ps having consumer No. 4118-3203-0122 and old consumer No. DOM-8MP-47. The Complainant is paying regular bills to the collecting agents of O.Ps. When complaint made for defective meter the O.Ps remained silent for which on 11.02.2015 written complaint was given but no effect. In January 2020 the WESCO Utility the then Licensee changed the meter and provided Meter Sl. No. LW 087393 when family members were absent and without intimation. The new meter was also defective. Complaint made GRF camp Hirakud for erroneous bill revision. The O.Ps were directed to conduct physical verification on 26.07.2022 and PVR was submitted on same day. The GRF directed to revise the bill but revision not made. Bills of Rs. 6.00 lakhs and above raised. Being aggrieved complaint was filed.
2. The O.Ps in their version submitted that Complainant is consumer of O.Ps from period of GRIDO, 1997. The Complainant has not paid regularly for which up to Dec 2022. Rs. 6,09,035/- is lying outstanding. Billing disputes are not maintainable   before this Commission. In March 2006 defective meter had been replaced with meter No. 1954310 and in Jan 2013 another meter Sl. No. 8137138 was installed in the place as per the standard prescribed as reflected in PVR dated 26.07.2022 and 21.01.2023.

The GRF, Burla in Case No. 280/2022 directed to revise the provisional bills from May 2007 to Dec 2012 and Aug 2015 to January, 2020 basing on average consumption of existing meter from Feb 2020 to Aug 2021 taking initial meter reading as 000001 Kwh and final meter reading as 36119. O.P. No.1 as per order of GRF prepared bill revision statement and it is pending for approval of O.Ps authority and additional amount of Rs. 8,67, 933/- will be added to the billing amount of the Complainant.

The meter No. LW 087693 is working well. There is no any deficiency on the part of O.Ps.

3. Perused the documents filed by complainant and O.Ps.

On 11.02.2015 regarding defective meter the Complainant made a complaint which is duly received by the O.Ps. As per statement of O.Ps after receipt of complaint only in February 2020 new meter was replaced. In this regard the O.Ps not made a single statement what action was taken on the complaint.

In GRF, Burla case No. 280/2022 compliance report directed to submit a compliance report within one month from order dated 30.08.2022. The O.Ps filed PVR dated 26.10.2022 and 21.01.2023. Meter No. LW 087693 was installed in February, 2020.

This is a dispute between the parties continuing since 11.02.2015 and ultimately for revision of bill the Complainant knocked the door of GRF, Burla. In the present case it reveals that as per Regulation 155 of the OERC distribution code, 2019 no previous bill can be revised for more than two years prior to installation of the new meter. The entire bills supplied to the Complainant till February 2020 is disputed as only in February 2020 new meter was installed. From the ledger submitted by O.Ps it reveals than an amount of Rs. 1,30,721.10P was lying outstanding during Feb. 2015 whereas in February 2020 it came to Rs. 3,62,388.50P. The GRF, Burla Passed order in August 2022 the outstanding against complainant was Rs. 6,08,111.70P. As per statement of O.Ps when the GRF, Burla passed order in case No. 280/2022 bills were revised from May 2007 to Dec. 2012 and August 2015 to January 2020 basing on the average consumption of existing energy meter from Feb-2020 to August 2021 taking initial meter reading as 000001 Kwh and final meter reading as 36119. Accordingly bills were revised and pending for approval of authority additional amount of Rs. 8,67,933/-. From the Statement of O.Ps it is clear that from January 2007 bills have been revised which is clear violation of Regulation 155.

After installation of new meter in Feb 2020 it was the duty of O.Ps to revise upto two years i.e. from February 2018 on wards and the total outstanding pending up to January 2018 was to be recovered under the O.P.D.R. Act and Rules there under. In order to avoid the legal battle and limitation in the name of GRF the O.Ps can not take the advantage of the Regulation, 2019. The O.Ps failed to prove their case that they are not deficient.

Non-following of procedures established under Law & non-redressal of grievance in time also amounts of deficiency in service. Accordingly, the revision bills made up to January 2018 is illegal and arbitrary.

Taking into consideration the circumstances of the case the following order is passed:

ORDER

The complaint is allowed partly against the O.Ps. The O.Ps are directed to prepare a bill from February, 2020 against the Complainant taking the actual consumption into account and reflect the same as per Regulations 2019 within one month of this order. The O.Ps are at liberty to proceed for recovery under Law prior to the period February 2020 which is directed to pay the regular bill and as per observation & calculation given.

No cost and compensation.

Order pronounced in the open court on 27^th day of Feb. 2024.

Supply free copies to the parties.