DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 9th day of February, 2018
C.D Case No. 85 of 2015
Paramanda Behera
At: Jainagar
Po/Ps: Dhamnagar
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The S.D.O, Electrical, Dhamnagar
At: Electrical Sub divisional Office
Po/Ps: Dhamnagar
Dist: Bhadrak
2. The J.E, Electrical, Dhamnagar
At: Electrical Sub divisional Office
Po/Ps: Dhamnagar
Dist: Bhadrak
3. Sanjeeb Mohanty
At/Po: Bandhatia
Ps: Dhamnagar
Dist: Bhadark
…………………………..Opp. Parties
For the Complainant: Sri J. Senapati
For the O.Ps: Sri M. Dey
Date of hearing: 06.02.2017
Date of order: 09.02.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against the complainant. The complainant being the consumer has been consuming electricity since the year 2004 under procedure. At the time when the complainant took the connection the O.Ps installed the meter as stated and basing upon that meter the complainant has been consuming the current and have been paying the bill amounts in time regularly. That the meter which is existence is running properly and the same is ok. That in the month May- 2015 dt. 21.06.2015 the OP No. 3 handed over the bill to the complainant Rs 46/- the units of consumption was there 47 units. The complainant deposited the said bill amount on dt. 24.06.2015. That for the next month on 19.07.2015 the OP No. 3 when handed over the bill the complainant asked him about such fact that, the meter is functioning properly and the reading is 6921 but why did they mention the meter as defect. On reply the OP No. 3 disclosed that he is taking steps as per the direction of the OP No. 1 & 2. The complainant may complain before the OP No. 1 & 2. The O.Ps illegally
served the bill to the complainant being charged the average charge Rs 2110/- showing the meter defect. That in fact the meter is not defect and the same is running properly and till the date of reading i.e. 19.07.2015 the reading was 6921 and today the reading is 6925. But the O.Ps have shown the meter as meter stopped. This is completely wrong, irregularly carelessness and lack of service towards the complainant from the side of the O.Ps. That the complainant asked the O.Ps about the same wrong and signed them to correct but the O.Ps did not listen the complainant on the other hand harassed the complainant. That the complainant being one regular consumer of the O.Ps has no outstanding arrear at all but the O.Ps knowingly harassed the complainant causing such illegality with him and due to that the complainant has sustained a huge loss both mentally and financially. For the same the complainant demands compensation of Rs 10,000/- against the O.Ps. The complainant seeks relief to waive the said illegal imposing bill amount of Rs 2110/- vide bill dt. 19.07.2015. That the OP No. 3 on the alleged date of reading i.e. 19.07.2015 has not taken the reading on the other hand falsely prepared the said bill and handed over the same to the complainant.
Hence the complainant sought for the reliefs.
1. The O.Ps be directed to correct the bill dated 19.07.2015 showing the actual units of consumption as 47 units and the last reading as 6921 on dt. 19.07.2015.
2. The O.Ps be directed to waive/exempt the illegal imposing amount of Rs 2110/- vide bill dated 19.07.2015.
3. The O.Ps be directed to give the compensation amount of Rs 10,000/- to the complainant.
4. Other reliefs may be granted in favour of the complainant as per the decision of the Forum if the complainant entitled to that.
The complainant has filed the Xerox copies of the following documents.
1. Monthly electricity bills- 3 sheets.
2. Money receipts- 4 sheets.
The OP No. 1 & 2 have filed their written version as follows. That the O.Ps have challenged the complaint with regard to the maintainability of Electricity Act, 2003 and regulation of OERC code, 2004. The O.Ps have admitted that the complainant is a consumer and bearing consumer No. DTS-9028(A/c No. 4221-2110-0799) having C.D 3KW under the jurisdiction of OP. The complainant has admitted that the meter which is installed in his premise is correct & is functioning properly. The complainant has also stated in his complaint that he has been paying electricity bill regularly but in the month of July- 2015 the meter reader has prepared bill where the meter statues was mentioned as defective. So the versions of the complainant is contradictory & puzzling. It is a fact that on 06.06.2015 the premises of the consumer/complainant was verified by S.D.O (Electrical), Dhamnagar-Cum-Assessing Officer with other staffs, in presence of the complainant/consumer. During verification, it was detected that, the meter is functioning abnormally slow and on the spot, the meter declared defective and spot verification Report (SVR) was prepared and after obtaining acknowledgement from the complainant, a copy thereof was served to the complainant. The copy of SVR is annexed herewith as ANNEXURE-1.
After verification, electricity bill was raised on load factor basis for the month of 06/2015. To avoid the billing on LF basis, a correct new meter bearing No. NCL-19977 (Vision Tech) has already been issued by Junior Engineer (Electrical), Dhamnagar for installation in the premises of the complainant. But when the arrear lineman proceeded for installation to the premises of the complainant, the complainant was not allowed the lineman to install new correct meter intentionally & said my case is sub-judiced and after dispose of the case, he will allow to install the meter. The letter of lineman is annexed herewith as ANNEXURE- 2. Moreover, it is important to mention here that, as per OERC Distribution code, 2004, the L.F bill has revised after taking three months average reading in the correct meter.
Hence the O.Ps have prayed for the dismissal of the complaint. The O.Ps have filed Xerox copies of some documents to support their stands.
1. Spot verification report on checking of installation Vide dt. 06.06.2015- 1 sheet.
2. Show cause notice issued to the complainant on behalf of the S.D.O (Electrical), Dhamnagar- 1 sheet.
3. The provisional order Vide No. 1215/15-16 issued on 08.06.2015 by the Assessing Officer- 2 sheets.
4. Final order issued on dt. 24.06.2015 Vide No. 1462 to the complainant from the S.D.O (Electrical), Dhamnagar- 1 sheet.
OBSERVATIONS
We have observed having gone through the complaint and documents as well as the written version, filed by both the parties and we have come to the decision that the complainant is a bonafide consumer under the O.Ps. He has been paying the revenue of the electricity which is used by him in domestic purpose. He has never defaulted to pay the monthly dues but on 21.06.2015 the OP No. 3 handed over a bill to the complainant. It is reveled from the bill that the meter reading was 6875 units and demanded Rs 2110/- in the month of May- 2015 the bill was prepared in favour of the complainant 47 units. The complainant became surprised when 47 units were recorded in the meter in the month of May- 2015 but it is a matter of surprise that on 21.06.2015 the meter reading was 6921 units. The complainant asked for the abnormalcy of the recording of the meter and a vast difference of the bills between the month of May-June-2015 to the OP No. 3, but he replied that the complainant may enquires this matter in the office of the OP No. 1 & 2. According to the complainant the meter was not defective because every month the bills were prepared normally but in the month of June the bill was prepared abnormally. So the meter is ok. The complainant has alleged against the O.Ps that they were very much careless, irregular & prepared such wrong bill. The complainant was not prepared to pay the dues according to the wrong bill. On the other hand the written version filed by the O.Ps has disclosed that there was a spot verification made on 06.06.2015 the premises of the complainant. The verifying officer was SDO-Cum-Assessing Engineer, Dhamnagar. It was detected in presence of the complainant the meter was functioning abnormally slow, so it was declared as defective. A copy of the spot verification report was served upon the complainant. Electricity bill was raised on load factor basis from the month of June-2015, so to avoid the billing of load factor basis a new meter bearing No- NCL19977 (Vision Tech) has already been issued by the OP No. 2 for installation in the premise of the complainant. But when the area lineman proceeded for installation the complainant did not allow to the lineman to do so.
According to the version of the O.Ps as per OERC Distribution Code, 2004, the L.F bill has revised after taking three months average reading in the correct meter. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on contest. The O.Ps be directed to rectify the bill of dt. 19.07.2015 in the last reading as 6921 units after taking three months average reading in the correct meter. The O.Ps are also directed to rectify the wrong calculation of amount Rs 2110/- on dt. 19.07.2015.
This order is pronounced in the open Forum on this day of 9th February, 2018 under my hand and seal of the Forum.
