DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 6th day of November, 2018

                                                   Present 1. Shri Raghunath Kar, President

                                                                2. Shri Basanta Kumar Mallick, Member

                                                                3. Afsara Begum, Member

C.D Case No. 20 of 2016

Chinmaya Kumar Mohapatra

S/o Late Umakanta Mohapatra,

At: Jagannath Prasad,

Po: Akhupada,

Ps: Bhandaripokhari

Dist: Bhadrak

                                                        ……………………. Complainant

            (Versus)

S.D.O, Electrical, NESCO

Dhamnagar Electrical Sub-Division,

(Under Bhadrak Electrical Division),

At/Po/Ps: Dhamnagar

Dist: Bhadrak, Odisha

                                                      …………………………..Opp. Parties

Advocate For the Complainant: Sri J. Nayak & Others

Advocate For the OP: Sri H.K. Pati & Others

Date of hearing: 23.05.2018

Date of order: 06.11.2018

SRI RAGHUNATH KAR, PRESIDENT

That, the complainant has alleged against the O.Ps having aggrieved with their deficiency in service caused towards him. The complainant was a consumer under the OP bearing consumer No- GE 677 under NESCO. He was a domestic electrical consumer. Umakanta Mohapatra died living behind his son. He was paying the monthly fees of electricity regularly before his death. Said Late Umakanta Mohapatra has not left any dues which is to be paid to the OP. The complainant has applied to the OP to transfer the consumer number GE 677 to his own name but the OP has not transferred the number yet.

In the month of November, 2015 the complainant got the electric bill for the month of October, 2015 in where on amount of Rs 5,142/- shown as arrear. As there was no arrear dues against the complainant, so the complainant on 21.11.2015 in writing by Regd. post  sent one representation to OP with a request to give details about such arrear of Rs 5,142/- and delete the said amount from monthly bill of the complainant. The said Regd. letter was received by the OP on dt. 23.11.2015 was the OP knowingly did not supply details about the arrear dues. In the mean while the complainant received the monthly electric bill for the month of December, 2015 in where again the said amount of Rs 5,142/- has been shown as arrear as such the complainant again on dt. 28.12.2015 sent another representation by Regd. post to the OP requesting him to correct the bill and to delete the arrear Rs 5,142/-. The said representation has received by the OP but yet he has not supply the details about the arrear amount and also has not deleted the claim amount of arrear of Rs 5,142/-. The activity of the OP amounts to deficiency in service and unfair trade practice. As there is no arrear at any relevant period the OP has no right to claim such vague against the complainant and more to say that in spite of representation, remind and request in writing they have not supplied the details of claim of arrear amount of Rs 5,142/-. As the OP without any cause claim Rs 5,142/- as arrear  in spite  of protest of the complainant did not delete the same from the monthly consumer bill so the complainant compled to file the disputed case.

Hence the complainant has sought for the following reliefs:-  

1. The claim of Rs 5,142/- be deleted from the consumers bills of the complainant.

2. Rs 5,000/- be awarded as compensation of the complainant.

3. Rs 1,000/- be awarded towards cost of the litigation.

Documents relied on by the complainant.

1. Xerox copy of the bill for the month of October, 2015 & November, 2015.

2. OP of the representation dt. 21.11.2015 and 28.12.2015.

The OP has filed his written version as follows:-

The OP has challenged the maintainability of the complaint, he has also challenged the cause of action as well as the complainant is not entitled to any relief. The OP has denied the allegations the fact is that this subject matter is coming under the Sec- 126 Electricity Act for which alternative Forum is available to chollege and this dispute is not maintainable in view of the Apex Court order. On 07.08.2015 the premises of the complainant was verified. During verification, it was detected that the complainant was availing power supply through a mechanical meter and the meter is running slow. However, after verification, in presence of the representative of the consumer SVR was prepared. But, the representative of the consumer did not choose to acknowledge the verification report. Basing on SVR, assessment proceeding was initiated U/s 126 of Electricity Act. for unauthorized use of electricity and accordingly provisional assessment order was prepared by the Assessing Officer. It was served to the complainant through local J.E but the complainant refused to accept the same. It is not out of place to mention here that, after passing of provisional assessment order on 17.08.2015 the complainant did not choose to take any step or protest, and for which final assessment order amounting to Rs 5,142/- was passed on 31.08.2015 and penal amount has been added to the bill of the consumer in the month of December, 2015. It is pertinent to mention here, the said final assessment order was also been served through local J.E, but the complainant refused to receive the same.

Hence the OP has prayed for dismissal of this complaint.

Schedule documents to be filed by the OP:-

1. Sport verification report of the OP dt. 07.08.2015.

2. Provisional assessment order of OP dt. 17.08.2015 and method of service of the same on complainant.

3. Final assessment order dt. 31.08.2015.

4. Bill for the period November, 2015 and December, 2015.

5. Concerned record from the spot verification report 07.08.2015 to final assessment order 31.08.2015.        

OBSERVATION

We have already perused the complaint as well as the documents and the written version and documents filed by the OP. The complainant has filed four numbers of bills vide the period 15.12.2015 where it is found that Rs 5,479. 41p/- is remaining to be paid. In the same way some other bills such as arrear and other informations have been given in respect of said electricity bills. Some other electricity bills are also enclosed there but according to the complainant Rs 5,479.41p/- are remaining to be paid. It is found from the case record that the enquiry has been made U/s 126 of Electricity Act disconnected pursuant to inspection and assessment made U/s 126 of the Electricity Act, 2003. On 07.08.2015 the vigilance squad detected the irregularities as follows. During their verification they have found that the complainant has consumed some excess energy unauthorizedly. So the OP has assessed provisionally and prepared a penal bill amounts to Rs 5,142/-. So the OP served a notice upon the complainant that the deposit should be made the aforesaid as per provision of NESCO. The complainant was asked for the notice and was requested by the OP to justify the reason why penalty could not be imposed on the complainant for such illegal work as per the regulation of 104 OERC distribution code 2004. It was further instructed to the complainant that the reply would not be received by the OP within 15 days of issue of the letter failing which the office would be compelled to suitable action against the complainant as per the rule. The provisional assessment was conducted and the order was passed on 07.08.2015. But the complainant did not move at all. On 31.08.2015 the OP issued the final assessment order against the complainant vide No- 1336. The complainant also failed to appear before the concerned authority on 28.08.2015 during working hours at about 2:5 PM.

It is well settled by the principle of law that the copy of the provisional assessment as well as the copy of the final assessment should have been served upon the complainant but the OP failed to prove to have served the provisional and final assessment letter upon the complainant and therefore the objection made by the OP is not sustainable. Hence it is ordered;  

ORDER     

The complaint be and the same is allowed against the OP without cost and compensation. The OP is directed to exempt the arrear amount of Rs 5,142/- which has been claimed to be realized from the complainant and to communicate the fresh bill due upon the complainant excluding the arrear amount as above. The complainant is directed to pay the energy dues, if any, as per fresh bill. Both the parties must have to comply this order within 30 days from the date of receipt.

This order is pronounced in the open Forum on this day of 6th November, 2018 under my hand and seal of the Forum.