Orissa

Cuttak

CC/44/2022

Prakash Chandra Mishra - Complainant(s)

Versus

SDO(Elect),TPCODL - Opp.Party(s)

D P Pradhan

27 Jul 2022

ORDER

IN THE COURT OF THE DIST. COINSUMER DIUSPUTES REDRESSAL COMMISSION,CUTTACK.

                                                    C.C.No.44/2022

           Prakash Chandra Mishra,

                        S/O:Late Pranakrishna Mishra,

                       At/PO:Kokalaba,P.S/Via:Narasinghpur,

                       Dist:Cuttack,Pin-754032.                                                       ... Complainant.

 

                                    Vrs.

           1.      The S.D.O(Elect.) Narasinghpur,(TPCODL),

                     At/PO/PS: Narasinghpur

                 Dist:Cuttack.Pin-754032

2.      The AED,Athagarh,(TPCODL), SECC,Cuttack,At/PO/PS:Athagarh,Dist:Cuttack

 

Present:           Sri Debasish Nayak,President.

                        Sri Sibananda Mohanty,Member.

 

Date of filing:   11.03.2022

Date of Order:  27.07.2022

 

For the complainant:          Mr. D.P.Pradhan,Adv. & Associates.

For the O.Ps.               :                 None.     

 

Sri Sibananda Mohanty,Member                           

            The complainant’s case in short is that his deceased father was a consumer of electricity under the O.P bearing consumer no.04227416(New) and NDA 2005(Old).    After the death of his father, he is using electricity being a consumer of the O.Ps and was  paying the energy  bills as per actual consumption since 2010.   But the O.P is persisting to pay the average bills due to defect in the meter, which is much higher than the actual amount of energy consumed by him.  The complainant has stated that he had given a representation to the O.P since 2010 for redressal of his grievances but the O.Ps did not take any action.  The complainant’s main grievance is to install a new meter and to reconcile or revise the average electricity bill as per the actual consumption of electricity with effect from 2010 till filing of the case besides other grievances.  The O.Ps on 30.10.20 had installed a new meter in the house of the complainant but they are demanding earlier arrear dues without revising the said bills, which is pending since 2010.  The complainant being aggrieved by such actions of the O.Ps had applied to GRF,Cuttack through the O.P.1 on 25.2.21 but no notice has been issued in the said case by the GRF authorities.  The complainant further has stated that on 23.10.21 he had submitted an application to the O.P No.1 by registered post to consider his grievance but no action till date has been taken by the O.Ps.  On 9.11.21 the electricity bill for the month of November,2021 was issued wherein an amount of Rs.14,524.17p was deducted but no correspondence was made to the complainant with regard to such deduction.  The O.Ps without revising the arrear dues is demanding the same.  In the year 2010 the bills were issued on the average basis as the meter was a defective one, but in subsequent months they have issued the bills showing the status of meter as correct, whereas they had not replaced the meter nor had they rectified the defect.  The O.Ps had also served electricity bill for the period even when the transformer in the area was not functioning.  It is stated by the complainant that that he had experienced inconveniences due to the action/inaction of the O.Ps.  There was huge loss towards his expenses and mental agony.  The complainant has filed the present case with a prayer to direct the O.Ps to rectify the electricity bills from the year 2010 as per law, to pay compensation of Rs.1,00,000/- for causing harassment and mental agony to the complainant.

            The complainant in order to prove his case has filed some documents.

3.         The O.Ps neither appeared nor filed any written version.  Hence they were set exparte.

4.         The complainant’s father was a consumer of the electricity.  After his death the complainant is continuing as a consumer of the electricity by payment of electricity dues.  The main grievance of the complainant is that the O.Ps are serving the electricity bill on average basis, as his meter was defective but they are not serving the bill on  actual basis as per his consumption since 2010 to 2020.  He had represented the O.Ps on different occasions to rectify the energy bill but the O.Ps had not taken any effective steps for redressal of his grievances.  The new meter was installed in his premises in the year 2020.  It is alleged by the complainant that even after installation of new meter, the O.Ps without revising the average bill are demanding for the arrear bills.  The complainant being aggrieved by such action of the O.Ps had approached before the GRF,Cuttack on 25.2.21 which is prior to filing of the case before this Commission. In consonance with the Electricity Act,2003 and Orissa Electricity Regulatory Commission(Grievances Redressal Forum and Ombudsman) Regulation,2004 the GRF has been constituted.  The GRF can decide the grievances of the complainant.  As the complainant had already approached GRF, the present complaint case is not maintainable as two proceeding cannot dwell simultaneously.

                                                ORDER

            The case is dismissed being not maintainable.

Order pronounced in the open court on the 27^th day of July,2022 under the seal and signature of this Commission.                      

                                                                                                                            

                                                                                                Sri Sibananda Mohanty

                                                                                                           Member.

                                                                       

                                                                                             

 

   Sri Debasish Nayak

                                                                                                             President