DATE OF DISPOSAL:23.07.2024.
PER: SRI SATISH KUMAR PANIGRAHI, PRESIDENT
The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Party (in short O.P.) for redressal of his grievance before this Commission.
2. The complainant is a self-employed and user of the electricity supplied to the premises where residing with his parents. The power supply connection stands in the name of his grandfather Narasingha Patro bearing Scno: 3422-0111-0043/Old A/c No: 5-D-1, Meter No: LS832235 and coming under domestic category. The O.P. is looking after supply of electricity to the customers of TPSODL and administrative and competent authority to look after the welfare of the electricity meter installed in the premises of the consumers. When complainant came across the bill for the period from 28.06.2022 to 26.07.2022 became surprised and came to know about the arrear advance is Rs.80359.55 which was issued on 26.07.2022 vide Bill No. 342260722000069M3192. Further verification of last month bill, the complainant came to know that, the OP. added some unsolicited amount of Rs.67,150.88 in the billing cycle in the bill period from 29.04.2022 to 27.06.2022 which was issued on 27.06.2022, Bill No:34220622000156M9752 but no appropriate reasons have not been found mentioned in the said bills, the reasons best known to the O.P. The photo copy of the two bills is marked as Annexure B series. In referring to the Annexure B series, the complainant approached the O.P. and the executive engineer of the BED-II of TPSODL at their office, where it comes to knowledge that the said amount was added to the billing cycle towards unauthorized use of electricity detected during the inspection. But neither the O.P. nor any other office of TPSODL have been issued any demand notice regarding unauthorized use of electricity and period of used to the complainant. An general inspection was done by the enforcement engineer of corporate office of TPSODL on 06.11.2021 but no assessment notice and other demand notice under the appropriate law of the electricity has been issued by the said engineer to the complainant till issuance of the Annexure-B series by the O.P. which is erroneous bill and unfair trade practice and deficient in services. The photocopy of the inspection dated 06.11.2021 is enclosed as Annexure-C. The O.P. is violating the contract and without the implicit consent of the complainant, added such huge amount to the billing cycling which is unfair trade practices and deficient in services. The O.P. is not allowing to deposit the monthly consumption energy bill amount in both ways i.e. through online and offline to the complainant. The O.P. is failed to provide guaranteed and overall standards of performance in accordance to OERC (Licensees’ Standard of Performance) Regulations, 2004. The very act as mentioned above is speaking volumes against the O.P. and TPSODL and it is also deficiency in service and unfair trade practices and the very act of the O.Ps also violates the rights of the complainant provided under Consumer Protection Act, 2019, Electricity Act, 2003, OERC Distribution (Conditions of supply) Code, 2019. In this event, the complainant sustained damages due to breach of contract. Because of the above acts, the O.P. is liable to delete the arrear amount added to the billing cycle and issue fresh bill and liable to pay compensation of Rs.1,08,000/- and due to such act of the O.P. the circumstances have constrained the complainants to knock the door of the Dist. Commission by engaging a legal person by paying huge fees and incurred such necessary amount to redress the complaint and for which the O.P. is vicariously liable to pay litigation costs of Rs.54,000/-. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. not to take any type of coercive action against the present complainant and also not to disconnect the power supply of the residential premises of the complainant till disposal of the present case, to delete the arrear amount which was added in the billing cycle of Rs.67,150.88/dtd.27.06.2022, Bill No: 34220622000156M9752 and issue fresh revise bill and to stop the issuing of such erroneous bill further to the complainant, compensation of Rs.1,08,000/-, litigation costs of Rs.45,000/- in the best interest of justice.
3. The Commission admitted the case and issued notice to the opposite party.
4. Duly acknowledge the notice, the O.P. filed written version through its advocate. It is stated that the instant proceeding filed by the complainant is not maintainable in the eye of law. The facts stated and allegations raised in the complaint of the complainant are all not true and correct and the allegations those are not specifically admitted by the O.P. are deemed to be denied and the complainant is put to strict proof of all such allegations. The complainant is not the consumer of electricity in the record of TPSODL. The actual consumer on record of TPSODL having Consumer No. 3422-0111-0043 stands recorded in the name of one Narasingh Patro under the Electrical Sub-Division No.III, TPSODL, Berhampur. The present complaint is filed by the complainant challenging the addition of amount of Rs.67,150.88 paisa in the billing cycle from 29.04.2022 to 27.06.2022 with a prayer to delete the said arrear of Rs.67,150.88 paisa from his bill and to issue fresh revise bill with other relief. On 06.11.2021 the technical experts of vigilance team of City Electrical Circle inspected the meter and service wire in the premises of the consumer No. 3422-0111-0043. During the course of inspection, the inspection team detected the meter body seal was tampered and the meter found slow by (-) 75.12% and also found that excess load of 5.012 K.W. used than the existing contract demand of 3 K.W. Hence the inspection team recommended for change of meter and enhancement of load. After inspection, the inspection team prepared the inspection report (physical verification report) on the spot and a copy of the said inspection report has been served upon the complainant on the spot who received the same but refused to sign in the original inspection report as a token of acknowledgement. Since the complainant was indulging in unauthorized use of electricity by using excess load than the sanctioned load and tampered the meter making it running slow, the Vigilance and Enforcement Officer, City circle being the assessing officer empowered U/S 126 of the Electricity Act, 2003 to the tune of Rs.1,01,319/- on 08.11.2021 and served the same vide letter Nol. 1878 dated 09.11.2021 along with detail calculation sheet through registered post in the name of the recorded consumer, Narasingh Patro inviting him to file objection and hearing on or before 18.11.2021. In spite of receipt of the provisional assessment order, neither the consumer nor the complainant did not file any objection against the said provisional assessment order and also not remained present before the assessing officer for availing the opportunity of hearing. Hence the assessing officer made final assessment to the tune of Rs.68,925/- on 23.12.2021 and served the same vide Letter No. 3567 dated 23.12.2021 through registered post. As the consumer failed to deposit the above mentioned final assessment amount, it was added in the electricity bill for the billing month of 03/2022. The copy of the physical verification report, provisional assessment order and final assessment order are enclosed as Annexure-1, 2 & 3. The consumer-complainant was unauthorized using power by tampering the meter and enhancing the load, but intentionally he filed this case without any cause of action only to escape himself from the liability of payment of the assessed amount duly assessed strictly following the provisions of the Electricity Act, 2003 Rules, Regulations and Tariff orders framed and published there under. The complainant has in-fact no grievance either in regard to any defect or deficiency in supply of electricity; rather he is aggrieved by the action of the Executive Engineer (Elect.), Enforcement cell, City circle, Berhampur in drawing the proceeding U/s 126 of the Electricity Act, 2003. Hence such a complaint does not fulfill the essential requirement of either being a consumer within the meaning of Consumer Protection Act as per the directives of the Hon’ble Supreme court of India. Hence the O.P. prayed to dismiss the case.
4. On the date of hearing the advocate for both parties are present. We heard argument from both sides at length. We perused the complaint petition, written version, written argument and documents available in the case record.
On adducing of the evidences and documents filed by both parties, it is revealed that, the dispute is for issuance of erroneous bill to the consumer/complainant. In the instant case, the opposite party served a provisional assessment order to the tune of Rs.1,01,319/- on 08.11.2021 vide letter No. 1878 dated 09.11.2021 along with detail calculation sheet through registered post wherein the inspection was carried out on 06.11.2021 in the premises of the complainant. It is manifest from the case record that, the opposite party issued final assessment order for Rs.68,925/- on 23.12.2021 and served the same vide Letter No. 3567 dated 23.12.2021 through registered post. There is nothing to suggest that, said final assessment order of the Assessing Officer, Enforcement Cell, City Circle, TPSODL is acceptable as the final order was issued after 15 days of statutory time period fixed under Reg. 165 of the OERC Distribution (Conditions of Supply) Code, 2019. Hence addition of the said final order amount in the billing cycle of the complainant-consumer by the opposite party and demand of said amount subsequently is deficient in services on the part of the opposite party. Therefore, the Complainant prove his complaint against the opposite party.
The Commission considering the above statute of law allowed the Complaint against the opposite party. It is directed to the opposite party to delete the said arrear amount of Rs.68,925/- from the billing cycle of the consumer bearing No.: 3422-0111-0043 and also directed to accept the monthly consumption bill amount from the complainant by allowing the rebate and sufficient time as applicable for every month from such date when the bill amount has not been accepted by the OP within 45 days from the date of receipt of the order. In the event of non-compliance of the above order, the complainant is at liberty to execute the order in accordance to the Consumer Protection Act, 2019.
This case is disposed of accordingly.
The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.
A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.
The file is to be consigned to the record room along with a copy of this Judgment.
Pronounced on 23.07.2024.
