PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                                                Misc. Case No. 06/2022

Arsing Out of CONSUMER COMPLAINT NO. 57/2016

Sub Divisional Officer, Officer of the Sub-Divisional Officer,(Elect),

Distribution sub-Division, Burla, At/Po/Ps-Burla,

Dist-Sambalpur.                                                            ……….….Applicant

                                                Vrs

Siba Prasad Padhi,

S/O-Dutikrushna Padhi,  

At/Ps/Po-Burla, Dist- Sambalpur, Odisha.           …………..Respondent

ORDER

Order Dated 02.05.2023

Perused the review petition. For non-appearance of the O.P. he has been set ex-parte. Heard the representative of the petitioner and explanation made. As per Amendment Act 26 of 2007 of the Electricity Act, 2007 the legislature substituted the word “twice” in place of “one and half times”. The assessment is proper for the unauthorised use of electricity. The representative further submitted that whenever the assessing officer arrives at a conclusion that authorised use of electricity has taken place, the assessment shall be made for the entire period during which such unauthorised use of electricity has been taken place and if such period cannot be ascertained, it shall be limited to a period of 12 months immediately preceding the date of inspection and the assessment shall be made at equal to twice the tariff applicable. As per request of the consumer the assessing officer reduced the amount to 50 %.

This Commission while passing order in C.C. No. 57/2016 taken the calculation @ ‘one and half times’ in place of ‘two times’ which is a major discrepancy in the earlier order.

Further the petitioner submitted that power supply has been disconnected since 01.01.2018. The order not to disconnect the power supply became infructuous.

Taking into consideration the submission of the petitioner after review the order dated 10.08.2022 the calculation made by the assessing officer is found to be proper and accordingly modified as follows:-

“The review is allowed. The order of compensation amounting to Rs. 10,000/- and Rs. 10,000/- litigation expenses along with interest 7 % w.e.f. 31.10.2014 is recalled. As power supply has been disrupted since 01.01.2018 C.C. Case No. 57/2016 is closed as having no merit.

Order pronounced in open court on this 2^nd May 2023.

Supply free copies to the parties.