DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Dated the 28th day of August, 2018
C.D. Case No. 109 of 2016
Sri Bodhiram Sahoo
S/O Late Khetrabasi Sahoo
At- Adia
Po- Agarapada
Dist- Bhadrak, Odisha ................... Complainant
Versus
01. Sub-Divisional Officer, Electrical, R.E
South Electrical Division
Bhadrak ….................... Opposite Parties
For the Complainant: Sri B. Sahoo (B) Advocates
For the Opp.Party : Sri H. K Pati
Date of hearing : 22.08.2016
Date of order : 28.08.2018
SHRI RAGHUNATH KAR, PRESIDENT:
The complainant is a domestic category electricity consumer bearing consumer account No. 44298 (D) to his residential premises for a contract demand under the supply of NESCO. The complainant had taken electricity supply connection to his premises at Adia upon execution of standard agreement with the NESCO and after electrification the consumer used to pay the demand charges of electricity consumption and as such the complainant becomes a consumer within the definition under provision of CP Act. The complainant used to pay electricity charges demanded by the OP and the concerned authority of the OP used the electricity bill every month without taking actual meter reading and the complainant has been paying the bills of the OP to the authority of NESCO by shape of money receipts. So the OP is responsible for every wrongs on the energy bills that used by him. Due to the negligence of the OP the complainant has been supplied a standard energy meter and there by being exploded by the OP by collecting illegal money taking various plea and threatening for disconnection of supply time to time and the poor complainant without getting way tried to satisfy the OP illegal demand again and again and whenever the complainant failed to satisfy their illegal demand, he was targeted by OP.
According to the bills particulars up to September, 2014 it shows the same status of consumption was on average basis and an amount of Rs 3,514/- was due towards the bill amount. Despite regular payment made by the complainant the OP issued such illegal demand of average bills without correcting the average bill replacing a correct meter. It is a matter of great concerned the OP is being a responsible officer has issued the average bills for a long time and tried to collect illegal money from the complainant for satisfaction of his company authority. When the matter was objected and requested for correction, the OP without correcting the same and without replacing the defunct meter gave threatening to the complainant for disconnection of supply line. The complainant was being aggrieved with such illegal bills of the OP, had filed one CD Case No. 95/2014 but in spite of repeated direction of this Court the OP could not bother to file their written version. During trial of the case, the OP had issued one disconnection notice on 26.02.2016 violating the interim order of the Forum and when the complainant asked them about this by informing this Forum, they assured the complainant rectify those bills for which the complainant was unable to contact with his advocate in the date of hearing whereas the OP was being cunningly managed the case dismissed on 19.09.2016. The complainant has run to the office of the OP in several times and according to his consumption he used to pay the bills but the OP without rectifying the average bill by installing a correct meter threatening to disconnect the supply without correcting the wrong bills on 26.02.2016. Hence the complainant has sought for the following reliefs.
1. The OP may be directed to rectify the bills and to replace the defunct meter.
2. The OP may be directed to pay Rs 50,000/- towards mental agony, financial loss and suffering and litigation expenses.
The documents filed by the complainant as follows.
1. Money receipt on dt. 23.11.2016 for installation of meter- Annexure- 1.
2. Average bill dt. 18.11.2014- Annexure- 2.
3. Average bill dt. 17.01.2014- Annexure- 3.
4. Average bill dt. January, 2014- Annexure- 4.
5. Average bill dt. July, 2014- Annexure- 5.
6. Money receipt dt. 22.09.2014- Annexure- 6.
7. Money receipt dt. 19.01.2014- Annexure- 7.
8. Money receipt dt. 23.11.2013- Annexure- 8.
9. Money receipt dt. 20.02.2014- Annexure- 9.
10. Money receipt dt. 24.02.2016- Annexure- 10.
11. Average bill dt. 20.04.2016- Annexure- 11.
12. Interim order comply dt. 09.11.2016- Annexure- 12.
The OP has filed the written version such as follows. That he has challenged the maintainability of this complaint before this Forum as per the proviso of Electricity Act, 2003 & OERC Code, 2004 & CP Act. The complaint is an electricity consumer bearing consumer No. 44298, A/c No. 4222-1201-0049 having CD 1 KW under domestic category. But after verification to the premises of consumer on dt. 20.10.2014, load is enhanced from 1 KW to 2 KW & after verification on dt. 13.01.2017 again load is enhanced from 2 KW to 3.5 KW. The complainant has never raised any objection regarding defectiveness of meter rather first time legal notice was served by the OP and prior to by the case before the D.C.D.R.F Bhadrak, the premises of the complainant was verified on dt. 21.10.2014. During verification, it was found that, the complainant is availing power supply without meter by removing the meter from installation & his load is 2 KW i.e. 1 KW excess from CD as CD was 1 KW. However, basing on findings during verification, spot verification report was prepared. The copy of SVR in annexed herewith as ANNEXYRE- 1. Moreover, due to such authorized use of electricity without meter, action has already been taken U/s 126 of the Electricity Act, 2003 & Final Assessment order has also passed against the consumer. Again basing of verification report on dt. 13.01.2017, for unauthorized use of electricity, action has been taken U/s 126 of the Electricity Act, 2003. Copy of SVR is annexed herewith as ANNEXURE- 2.
In present situation, after verification on dt. 13.01.2017 & detecting unauthorized use of electricity, a new correct meter has already been installed to settle the dispute as consumer after issuing letter for deposit of cost of meter was remain silent. Moreover, after verification on dt. 13. 01.2017 for unauthorized use of power supply. U/s 126 of the Act, 2003, Provisional Assessment Order was passed on dt. 17.01.2017 & Final Assessment order has been passed on dt. 16.02.2017. The copy of Provisional, Final Assessment Order, copy of photo snap taken at the time of verification, Postal Receipt of Proof of service of notice & Assessment Order are annexed herewith as ANNEXURE- 3, 4, 5 & 6 for kind perusal. So far as Assessment procedures are concerned, the said proceeding cannot be challenged before the consumer Forum & also could not be adjudicated. U/s 127 of the Act, Appellate Authority is empowered to entertain such dispute. In this regard, the Apex Court of India in the matter of U.P Power Corporation Ltd. Vrs Anish Ahamad has clearly stated in its findings that, consumer For a has no jurisdiction to adjudicate the matter coming U/s 126 of the Electricity Act, 2003. Hence the OP has prayed for dismissal of this proceeding. The documents filed on behalf of the OP.
1. Spot verification report on checking of installation on dt. 13.01.2017- 1 sheet.
2. Statement of accounts Vide consumer No. 44298- New A/c No. 4222-12010049- 5 sheets.
OBSERVATION
We have already perused the complaint & written version as well as the documents filed by both the parties. First of all the complainant has admitted in the Para No. 7 of the complaint “The complainant was being aggrieved with such illegal bills of the OP, had filed one CD Case No. 95/2014 but in spite of repeated direction of this Court the OP could not bother to file their written version. During trial of the case, the OP had issued one disconnection notice on 26.02.2016 violating the interim order of the Forum and when the complainant asked them about this by informing this Forum, they assured the complainant to rectify those bills for which the complainant was unable to contact with his advocate in the date of hearing whereas the OP was being cunningly managed the case dismissed on 19.09.2016”. Hence it is presumed that the complainant have filed one CD Case No. 95/2014 which was subsequently dismissed. Hence the present CD Case No. 109/2016 is the outcome of the previous CD Case. It is obvious that due to the absence of the concerned advocate of the complainant during the time of trail in this Forum the said CD Case No. 95/2014 was dismissed. The present CD Case No.109/2016 is not maintainable because of the doctrine of RESJUDICATA.
Secondly the Hon’ble State Consumer Disputes Redressal Commission, Odisha has held in the revision petition No. 66/2012 that the provisional assessment U/s 126 of the Electricity Act was made and provisions are there as for dealing dispute U/s 42 (5) special Forum each established Grievance Redressal Forum namely. So the complainant has filed the case before the Forum only to avoid electricity bill by suppressing the truth and without clean hand. There being provision U/s 127 of Electricity Act for filing of appeal against the provisional assessment, the CD Case is not maintainable. It is now well settled by the decision of the Hon’ble Supreme Court in the case of U.P Power Corporation Ltd. Vrs. Anis Ahamad in Civil Appeal No. 5466 of 2012 arising out of SLP (C) No. 35906 of 2011 that consumer dispute is not maintainable under the CP Act, 1986 where assessment is made U/s 126 of Electricity Act. The proceeding is prematured one. So it is not maintainable. Hence it is ordered;
ORDER
The complaint be and the same is dismissed having no merit without cost.
This order is pronounced in the open Forum on the 28th day of August, 2018 under my hand and seal of the Forum.
