Orissa

Sambalpur

CC/57/2016

Siba Prasad Padhi - Complainant(s)

Versus

Sub Divisional Officer - Opp.Party(s)

Sri G.P. Lal

10 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No-57/2016

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Siba Prasad Padhi,

S/O-Dutikrushna Padhi,  

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

Vrs.

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

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

Dist-Sambalpur.                                                                      …….Opp. Party

Counsels:-

1. For the Complainant      :- Sri. G.P.Lal & Associates
2. For the O.P.                     :- Dr. Mamata Panda, Advocate

DATE OF HEARING :XXXXXX, DATE OF JUDGEMENT :10.08.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT.

1. The Consumer/Complainant brought this complaint before the Forum/Commission with allegation that the Complainant is having consumer No. 4113-3311-0407 and paying the regular bill of the O.P. On 30.10.2014 One A.K.Mahaptra Burla visited the spot, prepared an inspection report without verifying the area falsely reported “Meter has been by pass by taking a connection from incoming T.C to a load of heater (1.5KW) hence n/a should be taken.” The O.P. on the same day issued letter No. Rev./Vig/2014/384 dated 31.10.2014 and said “after assessing your unauthorized load has been found to be 1.5KW and thus the penalty imposed is Rs. 46,894/- only as per computation given below. The assessment charged for 1 month Rs. 1915.60, EC for 12 months Rs. 22,987.20P, 2 times of above E.C. Rs. 45,974.40P, ED 4% of 12months’s E.C Rs. 919.48P. Total Rs. 46894/- which was wrongly assessed. The Complainant objected the illegal bill. The O.P. assured to verify the matter but suddenly a disconnection notice was served, where amount mentioned was Rs. 36,120/-. The Complainant objected but the O.P. forced to pay the penalty. The Complainant challenged the illegalities of the O.P.
2. The O.P. in his version admitted that the Complainant is having 1KW Domestic supply. Till July 2016 Rs. 34,054.86P was outstanding as accumulated monthly electricity bill. The vigilance squad of distribution licencee WESCO utility conducted inspection on 30.10.2014 in the premises of Complainant. It was detected that the connected load was 2KW. Accordingly as per Sec. 126 of Electricity act, 2003 drawn up provisional penal bill of Rs. 46,894/- against unauthorized user/Complainant. Complainant filed his objection and approached for settlement. The O.P. drawn up the final penal bill of Rs. 25,000/- for reduced period of 6 months and monthly bill of Feb.2015 for payment. After lapse of two years complaint filed. As the case is unauthorized consumption of electricity, thus case is not maintainable.
3. After perusal of the documents filed by the Complainant and list of the O.P. (No documents have been filed by the O.P.) the following issues are framed:

 

 

103606587.  

1. Whether this complaint is not maintainable in view of the unauthorized consumption of electricity by the Complainant?
2. Is the O.P. deficient in his service?
3. What relief the Complainant is entitled to get?

Issue No.1 Whether this complaint is not maintainable in view of the unauthorized consumption of electricity by the Complainant?

          The Complainant is his complaint on 30.10.2014 alleged that Sri. A.K. Mahapatra visited the spot and letter No. 384 dated 31.10.2014 was issued imposing Rs. 46,894/- computing the penal bill. Learned Advocate for O.P. cited the decision of Hon’ble Apex court, U.P. power corp.ltd & others V.Anis Ahmed, SLP No. 35906/2011. “Against the assessment order passed under section 126 of the Electricity Act a consumer has option to file appeal under section 127 of the electricity Act or filing complaint. He has to select either of the remedy.”

          No any criminal proceeding has been initiated by the O.P. Accordingly, against the order of assessment this complaint was filed on 13.07.2016 within two years of the alleged illegal assessment i.e. dated 31.10.2014.

          Accordingly, this Forum/Commission has jurisdiction to entertain the complaint.

Issue No.2 Is the O.P. deficient in his service?

          The O.P has not filed any documents. In the interim order this Forum prima-facie observed that the O.P. has doubled the energy charges, whereas according to sec. 126, sub-section 3 they can impose one and half time the charges. The details of the current bills are as under:

                April 2014 -        Rs.2623.00

                May 2014   -        Rs.1566.00

               June 2014   -        Rs.1302.00

               July 2014    -        Rs.1452.00

               Aug. 2014   -        Rs.1302.00

               Sept. 2014 -        Rs.1452.00

               Oct. 2014    -        Rs.22394.00

               Nov. 2014 -        Rs.5660.00

               Dec. 2014   -        Rs.5338.00

              Jan. 2015    -        Rs.4211.00

              Feb. 2015   -        Rs.30,000.00

There is in consistency in the electricity bills. As per statement of the O.P. in Feb. 2015 the bill was including penal assessment (final) and monthly electricity bill. It is the admission of the O.P. that excessive assessment was made and after objection the bill was reduced for a period of six months.

Accordingly the issue is answered against the O.P.

Issue No.3 What relief the Complainant is entitled to get?

          For the deficiency in service of the O.P. the Complainant is entitled for relief. It is ordered:

ORDER

The Complaint is allowed on contest against the O.P. The O.P. is warned not to disconnect the power supply of the complainant without following due procedures and directed to pay compensation of Rs. 10,000/- and Rs. 10,000/- litigation expenses within one month along with interest @7% w.e.f. 31.10.2014, failing which the amount will carry 12% interest P.A. till realisation.

          Order pronounced in open court on this 10^th day of August 2022.

          Supply free copies to the parties.