SMT. RAJASHREE AGARWALLA, MEMBER:-
Deficiency in service in respect of serving illegal and arbitrary energy bills having arrear outstandings are the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant by virtue of a Registered Saledeed executed by one Gurubari Das @ Annapurna Das, D/o- Jaladhar Sahoo on 14.05.2001 was owner and in peaceful possession of case premises, R.O.R. was published in the year 07.06.02 on the name of the complainant vide mutation case No. 182/02. It is stated that since the date of purchase an amount of Rs. 23,717.20 is pending against the consumer Late Jaladhar Sahoo. It is also the case of the complainant that since the death of the consumer Jaladhar Sahoo in the year 1974 no electricity was consumed by the complainant till-July2018, though in the meantime complainant has applied for a new electric connection on his name, but Op No.3 & 4 without providing a new electric connection, served an energy bill showing huge arrear outstandings, which according to complainant is illegal and arbitrary and complainant is not entitled to pay the illegal arrear outstandings as claimed by the Ops. It is alleged that to change the name of complainant to be a new consumer on demand of Op No.2&4, Complainant paid a total of Rs. 50,000/-(Rs. 40,000/- on 20.06.2018 and Rs. 10,000/- on 27.07.2018). It is also alleged that Ops without complying the grievance of the complainant threatened his father to pay Rs. 1,90,000/-, unless the power supply will be disconnected. It is further alleged that on install of new meter which shows abnormal consumption may be replaced and narrates the acts of the Ops are deficiency in service. The cause of action arose on 11.03.2019 when the Ops threatened to disconnect the power supply on non-payment of illegal, arrear outstanding. It is prayed before this Forum that, a direction maybe given to Ops to acknowledge the payments and to revise the energy bills as per the law and not to disconnect the power supply to the complainant’s premises till disposal of the case.
3. On service of Notice Ops appeared through their Ld.Counsel Mr. P.K.Samal and filed joint written version into the dispute. In the written version it is averred that complainant’s grand father namely Jaladhar Sahoo was a domestic category of consumer under Ops bearing No. 01060931. Due to non-payment of electric dues an arrear outstandings of Rs. 1,73,993/- upto 7/2019 is pending on the complainant-consumer. It is averred that complainant has never applied for revision of arrear outstandings, if the complainant submits a fresh application for revision of arrear outstandings same can be considered as per the Provisions subject to installment of a new meter as the meter installed on the premises of the complainant remains defunct. It is also averred that, Ops are authorized U/S-56 of India Electricity Act-2003 and Regulations of OERC to issue disconnection Notice to the complainant on dt. 10.02.2019. Ops prey this forum to issue direction to the complainant to pay the arrear outstandings at a time on completion of revision of energy bills, accordingly the complaint is to be dismissed with cost.
4. Heard the Ld. Counsels appeared for the parties, perused the documents filed by complainant and consumer billing statement by Ops. The facts reveal from the documents produced before this Forum that Complainant Dr. Lokanath Sahoo purchased a property premises from One Gurubari Das @ Anna Purna Das by virtue of a Registered saledeed executed on 14.05.2001 and R.O.R. has been published on the name of the complainant over Plot No. 565/1814, Khata No. 491/221 Mouza-Madhial. Dist-Kendrapara and the power supply to the said premises was given in the name of Late Jaladhar Sahoo, who is the father of the Gurubani Das@ Anna Purna Das prior to transfer of the property/premises on the name of the complainant a bearing consumer No.01060931 as a domestic category which is continuing till date inspite of transfer of the said property in favour of complainant in the Year-2001. It is also a fact that arrear outstandings are pending against the consumer No. 01060931 since long.
It is the case of the complainant that on the assurance of the officials of Ops to revise the arrear outstandings and to allot a new consumer No. on the name of the complainant the Ops have taken Rs. 50,000/- on different dates in the year 2018for the purpose and could not comply the grievance rather served a notice to disconnect the power supply U/S 56 of I.E. Act-2003. It is the further case of the complainant that after the death of Late Jaladhar Sahoo and since the date of the purchase an amount of Rs. 23717.20 was pending, and after its purchase in the year 2001. No power supply was given till-July 2018, this period of consumption maybe excluded from the arrear outstandings. On the other hand Ops state that a huge arrear outstandings of Rs. 1,73,993/- is pending against the consumer No. 01060931 till-July 2019 and Ops under the law has issued the Notice U/S 56 of I.E. Act-2003 for recovery of arrear dues and Ops are ready to revise the energy arrear outstanding dues, if a new meter is installed and application is submitted for revision of arrear dues.
Considering the facts, documents and dispute between the parties, it is clear that complainant is a peaceful owner and owner in possession of the premises from the year may-2001 and as per the record of the Ops the name of the consumer was late Jaldhar Sahoo inspite of the transfer of property in the year 2001 bears the consumer No. 01060931. On the dispute of pending arrear dues, we examined the consumer billing statement provided by the Ops which starts from March-1998 to Feb-2019 with an arrear outstanding of Rs. 1,93,118/- and in between the period the complainant has paid energy dues on different dates. It is also clear from the available consumer billing statement that the monthly energy bills from March-1998 toAug-2018 are prepared on ‘average’ consumption basis. As per the written version of Ops, they are ready to revise the arrear outstanding as per the provision of law. In the present dispute Ops filed consumer billing statement of consumer No. 01060931 from the year March-1998 to onwards and the billing statement reflects that an amount of Rs. 10,283/- is pending as arrear outstandings against the said consumer No. and the monthly energy bills are prepared on ‘Average’ consumption basis. In opinion of this Forum, if the arrear outstandings are revised in accordance with the law, the grievance of the complainant will be fulfilled. The arrear outstandings from March-1998 to May-2001 has to be revised as the arrear outstandings pending on the erstwhile owner of the property Gurubari Das are to be paid by the complainant as per Regulation of the OERC-Code10(vi) of chapter-III. Equally, we can’t ignore the mental agony suffered by the complainant when he pays a good amount in the year June and July2018 with a hope for revision of arrear outstandings after installation of a new meter on the said premises and the Ops failed to kept the assurance and issued the disconnection Notice and subsequently disconnected the power supply for non-payment arrear dues and by order of this Forum in I.A. Misc Case No. 6/19 restored the power supply on payment of Rs. 20,000/- alongwith usual reconnection charge. In the written version Ops averred that the meter installed on the premises remains defunct which needs to be replaced. We accept the version of the Ops and direct the complainant to install a new approved meter in the said premises.
On the dispute of pending arrear outstanding the facts and law involved in the case, we think it proper, if a new meter is installed on the premises of the complainant and after taking 3 months consecutive meter reading the monthly energy bills of the complainant from the period March-1998 to Aug-2018 are to be revised as per the procedure and taking into account the payments made by the complainant till-date. Accordingly, the arrear outstandings shown in the energy bills against the consumer No. 01060931 and the arrear amounts reflected in the Notice dt. 10.02.2019 served to complainant is withdrawn as the said arrear billings are prepared on ‘average’ consumption basis. During course of hearing Ld.Counsel for complainant submitted before this from that after revision of arrear outstandings if any arrear amount is pending, the Ops be directed to fix few installments for clearing the arrear dues, which was vehemently opposed by the Ld.Counsels for the Ops. The law is clear in this regard, Regulation 95 of OERC Code-2004 as amended upto 2011 provides facilities to certain category of consumer to pay the arrear dues on installments on direction of the appropriate authority. In this case, as per the consumer billing statement huge arrear outstandings are pending against consumer No. 01060931, after revision, if any arrear outstandings remains to be paid by the complainant-consumer same to be collected by the Ops in 4 equal installments alongwith the usual monthly energy charges. If the payments made by the complainant are excess after revision of arrear outstandings same to be adjusted in the future monthly energy bills of the complainant. On the grievance of the complainant regarding allotment of a new consumer No. in the name of the complainant, we are of opinion that, after revision and on clearance of the arrear outstandings the Ops shall change the name of the consumer on receiving of proper application/documents and on completion of other formalities by the complainant.
Having observations reflected above it is directed that, on installation of a new approved meter, the Ops shall take 3(three) months consecutive meter reading and shall revise the arrear outstandings as per the provisions calculating from March -1998 to Aug-2018. It is also directed that during the process of revision of arrear outstandings the Ops shall take into the Accounts the payments made by the complainant in between May-2001 to Aug-2019. Six(6) months time is given to Ops from the date if installation of new meter to revise the arrear outstandings of consumer No. 01060931. It is further directed that no charges will be imposed on the complainant for the disconnection of power supply period from18.03.19 to 08.08.19 other than the MMFC and complainant shall pay the monthly energy dues regularly as per the meter reading on installation of new meter. Till the completion of the revision process of arrear outstandings, Ops will not take any coercive action against the complainant. Delay in complying the direction action will initiate under the Provisions of C.P.Act-1986 against the defaulting parties.
Complaint is allowed in part without cost.
Pronounced in the open Court, this the 18th day of September-2019.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
