Orissa

Jajapur

CC/27/2018

Sk.Abdul Qaiyum. - Complainant(s)

Versus

SDO,Electrical NESCO Utility Dasarathpur Sub-Division. - Opp.Party(s)

Ld.Adv

31 Aug 2018

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,                                          

                                                  Dated the 31^st  day of August,2018.

                                                      C.C.Case No.27 of 2018

SK. Abdul Qaiyum  S/O Late SK. Md.Esuf

Vill. Kaspa  ,P.O.Ahiyas , P.S.Mangalpur

 Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

S.D.O, Electrical NESCO, Utility ,Dasarathpur sub division,

At/P.O.Dasarathpur, Dt. Jajpur

                                                                                                                                ……………..Opp.Party.                  

For the Complainant:                                  Self.

For the Opp.Party    :                                  Self                                                                                             

                                                                                              Date of order:   31.08.2018.

SHRI  PITABAS  MOHANTY,  MEMBER  .

            The petitioner has filed the present dispute alleging deficiency in service on the part of the O.ps.

                The facts relevant as per complaint petition shortly are that the petitioner is a domestic consumer bearing consumer No.15302-D under the O.P. The petitioner is paying  the electricity dues regularly without any meter  .That as per grievance of the petitioner the learned GRF,jajpur Road bearing GRF case No.241/13 passed  an order  in GRF case No. 241/13 directing  the O.P to supply meter to each and every consumer of Kaspa village but the O.P did not comply the order of the GRF and prepare the electricity bill on average basis violating the electricity Act.

                That the O.P  being aggrieved  by the order of the GRF and with a view to take revenge on the petitioner suddenly inspected the residence of the petitioner on 03.09.13 in his absence and send a provisional assessment order of penalty bill of Rs.42,521/- U/S 126 of electricity Act on the ground that the A.C was installed in his residence unauthorizedly . That the petitioner stated that he  purchased the A.C on 24.08.13 and the A.C was not connected due to non supply of meter by the O.P till date. That the petitioner challenged the final assessment order under section 126 by filing an appeal before the Appellate authority ,jajpur Road U/S 127 of Electricity Act . As per order of the Hon’ble High Court,Odisha he has paid 1% and 50% i.e 21,680/- vide M.R No.740856 on dt. 16.02.16 and the balance dues will be kept in  abeyance  till disposal of the appeal . That the appeal is lying pending with the appellate authority due to non co-operation  of the  O.P.

                Subsequently  the O.P  whimsically and in a arbitrary manner issued a disconnection notice to the petitioner to pay  Rs.28,014/-  but as per the provision of the Act, the petitioner was not  liable to pay the above amount because the penalty was challenged before the Appellate Authority . Accordingly finding no other alternative ,  the petitioner knocked the door of this Fora with the prayer to  direct  the O.P not to  collect  the arrear penalty amount till disposal of the appeal filed under section 127 of Electricity Act .

                The notice the above dispute was duly served on the O.P but the O.P did not choose to contest the dispute by filing any objection or written version. Accordingly this Fora  vide order dt.31.05.18 set expartee the O.P .

                On the date of hearing we heard the arguments from the side of the petitioner. After perusal of the record along with documents in details it is observed that :

                The petitioner is a domestic consumer under the O.P  bearing consumer No.15302-D and as per version ,  the petitioner  has paid the electricity dues regularly and the dispute arose  when  the O.P issued a  disconnection notice bearing notice no.102 dt. NIL  only to  recover the electricity dues which  relates to the penalty  imposed by the O.P   U/S 126 of   Electricity  Act.

                It is also the  fact that as against such penalty the petitioner has challenged  the same by filing  an appeal before the Appellate Authority  U/S 127 of Electricity Act and such appeal is now pending  for disposal  before the appellate Authority.

                Similarly the petitioner has prayed  to direct the O.P not  to recover such penalty amount till  disposal of the appeal before the appellate Authority . In this circumstances we verify the order of  the learned GRF ,Jajpur Road bearing No.241/2013 dt. 20.09.13 ,where as the learned GRF passed an order as stated below :

“ To revise the bill of those consumers who were billed during Transformer break down period i.e during non-supply of power as per Regulation and to take immediate action for 100% for replacement of defective meters and replacement of damaged poles and L.T bare conductor with insulted AB conductor in order to achieve “ Zero Theft “ .Energy and safety in the area and to revise the average /LF bill claimed during non-meter period of the consumers as per para-97 of OERC Distribution (Condition of supply) code,2004 for which such consumers may apply individually to O.P.”

                Hence it is presumed that the petitioner and other villagers approached the learned GRF to  revise  the arrear bill along with for  installing a meter and prepare the monthly bill on actual meter reading and the order of the learned GRF came in the month of September-2013. Subsequently , the O.P  inspected the house of the petitioner during the month of September-2013 and the petitioner approached the learned GRF much prior of the above inspection . On the other hand the petitioner challenged the penalty amount U/S 126 of Electricity Act before the Appellate Authority as per section 127 of Electricity Act. Now the appeal is pending. It is our considered views,  that  in the present circumstances, the O.p demanding the arrear penalty amount as well as prepare the electricity bill on average basis violating the Regulation of OERC Code .

                On the other hand neither the O.Ps  have  ever   appeared nor filed any written version in specific time fixed by this Fora for which  we are constrained to accept the uncontroverted statement mentioned by the petitioner  in the complaint petition against the O.P  as per observation  of Hon’ble Odisha  State Commission reported in 2003-CLT-Vol-96-p-15 .C.D.Case No.37/02  wherein it is held that:

In absence of written version by the O.P, the  Commission is bound to accept the uncontroverted statement of the complaint petition.”

And

2013(1)CPR-507-N.C ,wherein  it is held that:-

                “In case written version not filed after several opportunity,   it has no defence on merit.”

 

Hence this Order

The O.P  was directed not to recover the penalty arrear amount of Rs.28,014/- from the petitioner  till disposal of the appeal  U/S 127 of Electricity Act  and prepare the monthly electricity bill  by installing a  new meter, if it was not installed earlier and served the monthly electricity bill on actual meter reading. The petitioner also directed to pay the present monthly electricity dues regularly, failing which the O.P can take step as per law .

            This order is pronounced in the open Forum on this the 31st day of August,2018. under my hand and seal of the Forum.