J U D G M E N T.
PRESENTED BY SMT SUSMITA MISHRA, PRESIDENT :
The complainant namely Sobharani Barik has filed the present consumer complaint as per the provision of Section-35 of the C.P.Act,2019 against the above named O.P ( S.D.O,Electrical,Jajpur Town) challenging illegal action of the O.P imposing provisional assessment amount of Rs.57,061/- U/S 126(i) of the Electricity Act,2003 and additional security amount of Rs.1056/- without giving an opportunity of hearing, seeking the following relief “ by directing the O.Ps to deduct the fine or arrear as mentioned in the bill of supply of Electricity of the complainant bearing Consumer No.6121-1218-0137 and such other relief (s ) to which the complainant is entitled to.”
Brief Facts of the Case
The facts relevant for the present dispute as per the complaint petition in brief are that the complainant namely Sobharani Barik, W/O Late Purna Chandra Barik,Vill: Bichitrapur,P.O.Baidyarajpur, P.S/Dist.Jajpur is a consumer under TPNODL formely known as “ NESCO Ltd” bearing New Consumer No.6121-1218-0137 / old.consumer No: JTR 774 in the name of the husband Late Purna Chandra Barik . After death of her husband ,she was regularly paid the monthly dues towards the electricity energy supplied to her premises. But the meter was found defective for more than a year for which the fixed charges was imposed upon the consumer and the same were also paid regularly. The complainant made several oral complain to replace the defective meter through her son Deepak Kumar Barik but the O.Ps (Elect.Department) never replaced the same. On dated 15.11.2021 some MRT staff entered the house of the complainant and searched the electrical appliances of the premises and left. It is also stated by the complainant that after a week she has received a letter from the O.ps vide Letter No.1514 dated 16.11.2021, wherein it was stated that the complainant was availed the power supply by un-authorized means and for that the provisional Assessment amount of Rs.57,061/- and additional security amount of Rs.1056/- was imposed upon the complainant. It is further stated by the complainant that in the same letter a written objection was also invited for hearing. The complainant submitted a written objection before the O.Ps on dated 13.12.2021 but in vain. On dated 10.05.2022 the employees of the O.ps installed a new meter. On 19.05.2022 a electricity bill was issued by the O.ps to the complainant, wherein it appears that there is an arrear of amounting to Rs.24,585.59 paisa only to be paid by the consumer. The complainant paid the current bills only as the complaint is not heard yet by the O.ps. On 25.06.2022 the current dues paid by the complainant but the collection Agent of O.ps threatened to disconnect the power supply to the premises within one month of the complainant fails to pay the arrear dues. Further the complainant stated that the O.Ps were not followed the due procedure of law and illegally imposed fine / arrear upon the complainant. Hence the complainant is constrained to file the present case before this Commission.
After appearance the O.ps have filed their written version through their learned advocate, denying the allegations of the complainant as well as have taken stand that the premises and electrical appliances of the complainant was verified and checked by the electrical squard on 15.11.2021. On verification, it was found that the meter installed in the premises of the petitioner has been used illegally. Although the contact demand was 1K.W but the complainant has consuming electricity to the extent of 3.265 K.W or 3.5 K.W. The complainant with a malafide intention to consume excess energy by keeping her contact load/ demand as 1 K.W .The O.P also stated that as per the decision of the Hon’ble Supreme Court reported in 2013(3) CPR-670-SC, the consumer Court lacks jurisdiction to adjudicate the matter concerning Sec.126 of the Electricity Act,2003. It is further stated by the O.P that O.P was acted U/ sec.126 of the Electricity Act. There is no deficiency in service for the side of the O.P. The allegations in the claim petition are all false and not admitted by the O.P. So ,under the above mentioned reasons the case is required to be dismissed.
Heard learned advocate from both the parties and perused the documents available on record and also gone through the written version of the O.P.
As a matter of fact the complainant is stating in the para-3 of the complaint petition, that on 15.11.2021 some people claiming themselves as MRT staff entered the house of the complainant and searched the electrical appliances of the premises and left. After few weeks the complainant received a letter from the O.P vide letter No.1514/ dated 16.11.2021 wherein it was stated that the complainant is availing power supply by unauthorized means and for that provisional Assessment amount of Rs.57,061/- and additional security amount of Rs.1056/- was imposed upon the complainant. In the same letter a written objection was also invited for hearing.
On the contrary, the O.P has admitted in his written version that the premises of the complainant was inspected on 15.11.2021 and a letter sent to the complainant regarding provisional assessment of Rs.57,061/- and additional security deposit of Rs.1056/- on 16.11.2021. It is also submitted by the O.P that the complainant did not gave any objection to provisional Assessment Order amounting to rs.22,842/- U/ sec.126(3) of the Electricity Act,2003 was sent to the complainant vide letter dated .16.12.2021.
The copy of letter dated 13.12.2921filed by the complainant shows that, the complainant had requested to O.P to recall the provisional order and the said letter was received by O.P and the complainant also agreed to ready and willing to pay if any enhanced supply after installation of duly meter.In this regard, the O.P stated that the complainant never gave any objection to provisional assessment. As there was no response from the side of the complainant for which the provisional assessment confirmed by final assessment and a letter dated 16.12.2021 was sent to the complainant. The complainant did not pay the final assessment amount of Rs.22,842/- for which the said amount was raised in the complainant’s / consumer’s A/C electricity Bill on 19.05.2022. Hence, this Commission has no jurisdiction to decide the final assessment made by the assessing officer since it is a case U/sec.126 of Electricity Act,2003 as per observation of the Hon’ble Supreme Court. There is no deficiency in service on the part of the O.P. It is further stated by the O.P that a new meter has been installed in the Consumer’s premises in Feb,2022.
In the instance case, as against such stand from the side of the O.P , the complainant also admitted that on 15.11.2011 . Spot verification was conducted by the MRT squard/ staff . But the complainant as well as the O.p were neither produced the spot verification Report ( SVR) nor produced the final Assessment Report and other related documents by way of an affidavit . In such a situation the complainant had filed the objection vide letter no.1514 / dated 16.11.2021 as Annexture-2 . But the complainant had suppressed the materials facts to prove the gennuiness/ correctness of the SVR as well as Final Assessment Order on dated 16.12.2021. As per the Electricity bill for the month of April,2022/ dated 19.05.2022 has filed by the complainant it is seen that the current amount of the bill is Rs.930.58/- , the Arrear Amount of Rs.24,585.59/- and also issued disconnection notice U/Sec.56 of the Electricity Act,2003.
From the above discussion, we are of the view that the complainant is a successor consumer under the O.P after the death of her husband on dated 08.05.2017 ( Xerox copy of Death Certificate of the consumer and Aadhaar Card of the complainant are attached ) . After the death of her husband, the present consumer number is continuing in the name of her husband Late Purna ch.Barik. Due to non-payment of outstanding amount of Rs.22,842/- after final Assessment order under the provision of section 126 of the Electricity Act,2003, the bill was raised as Rs.24,585.59/ as arrear outstanding for the month of April,2022 ON DATED 19.05.2022 and the O.P had issued a disconnection notice under section 56 of Electricity Act,2003 therein. It is presumed that after receipt of the complainant’s objection letter dated 13.12.2021 the O.P had complied the grievance of the complainant. So ,there is no deficiency of service on the part of the O.P.
Again it is our considered view that since this C.C.Case relates to a matter involved U/Sec.126 of Electricity Act,2003, the present C.C.Case is not maintainable before this Commission in view of the Hon’ble Supreme Court decision in U.P.Power Corporation Ltd & Ors Vrs. Anis Ahmad,2013(3) CPR-670(SC). In the present Case, the O.P has complied all the provision U/sec.126 of Electricity Act,2003. Hence, the order.
O R D E R
Consequently, the present Consumer complaint is not maintainable before this Commission and hereby dismissed and accordingly the consumer complaint No.89/2022 is accordingly disposed of. The complainant is at liberty to approach an appropriate Forum for redressal of her grievance
Issue extract of the order to the parties concerned .
Judgment pronounced in the Open Commission on this the 22nd day of September, 2023.
