ORDER

Shri A.K.Patra,President:

1. Heard .Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
2. This Complaint is filed by the complainant named above inter alia alleging deficient service & unfair trade practice on the part of Ops for not responding the request/application of the complainant to transfer the name of consumer and, for not replacing of defective meter on time as prescribed and, for arbitral disconnection of electricity due to nonpayment of huge inflated bill raised illegally without redressing grievance of the complainant.
3. Complainant seeks for an order directing the O.Ps 3 & 4 to change the ownership/name of the complainant No.1 against the Consumer No. 903001014748 to  the name of Complainant 2 and, to declared invalid of the Bill no.903010111222278618 dt.17/11/2022 issued to the complainant & all other subsequent bills issued by the OP 2 to 5 to the complainant and, to issue accurate bill regularly every month by rectifying the erroneous bill served to the complainant and, to replace the Old meter with new one and, to direct the Op 1 to formulate/come up with a strategy to check the misconduct of OP 2 to 5  and, to pay compensation of Rs.3,00,000/-to the complainant No2&3 towards mental agony suffered and, to award litigation cost of Rs.1,00,000/- with exemplary cost and further prayed for all other relief(s) as the Honourable Commission may deemed fit & proper in the  interest of justice & equity declaring  the acts of the Ops as Deficient Services & Unfair Trade Practice .
4. The brief facts as emerged from the complaint petition and documents filed here with giving rise to the present complaint and necessary to adjudicate the case  are  that, the complainant is a consumer of electricity since 20.08.2020 being supplied by the O.Ps authority for consideration vide consumer No.903001014748, Consumer ID No.39030003606, Meter SL No.2977558 under KEED ,Bhawanipatna, Sub-Division;-SDO Kesinga, ,Section :-ESO Nunmath, Tariff Category:-Irrigation Pumping and Agriculture there in the village of Amath. Subsequently, complainant No.1 sold his said agriculture land of village  Amath to complainant No.2 vide RSD No.11982000999 dt.15.09.2020 out of which Complainant No.2 lease out some agricultural land to  Complainant No.3 & 4 who are carrying out their fish farming business over 4(four)  ponds out of 8(eight) ponds there over the said agriculture land, being sponsored by the Govt. of Odisha fishery Dept and received subsidy form the Dist. Fishery Office ,Kalahandi and, they have  expected profit of 79,80,000/- .Regular  supply of electricity is highly necessary for changing/ refilling of water to grow &  survival of fish there in the ponds. It is further submitted that, after transfer of land to the complainant No.2 through aforesaid RSD the complainant NO. 1 on 16/09/2020 approached the O.P 3 & 4 with written application accompanied with copy of said RSD request to transfer/substitute his name with the name of complainant No.2/transferee in the Consumer No. 903001014748 which is not yet carried out by the O.Ps authorities and bill has been issued in the name of the complainant No.1 though payment of bill for consumption of electricity is regularly receipt form complainant NO.2 & 3 . It is alleged that , the O.P 3 & 4 have neither taking any action on the request/application of complainant No.1 to transfer the ownership/name there in the record for supply of electricity nor informed  the complainant N0.1 about any progress & process of his application and  kept the complainant in dark. Apart from that, the complainant No.2 on several occasion approached the meter reader who informed him that, matter has been intimated in the office of O.P 4 but no action has been taken for transfer of the name of the complainant No.1 till date. The complainant No.2 has been paying the bill for consumption of electricity regularly till Oct 2022 without leaving any outstanding dues. He use to pay around Rs.599/- to Rs.13,382/- as monthly bill for consumption of electricity but bill No.903010111222278618 dt. 17/11/2022 vide annexure 6/9 of the complaint petition for the period of 01/04/2021 to 01/11/2022 is arbitrarily & illegally issued in the in the name of Complainant  where in the O.Ps have  demanded huge arrear bill amount of Rs.5,54,765/- at once and asked to pay the same amount at once with a threaten to disconnect electricity caused financial burden & mental agony to the complainant for which the complainant protest that bill and put fourth his grievance before the  O.P 3 & 4 who assured to look into the matter and to rectify  the said bill dt.17/11/2022 but no action has been taken rather, supply of electricity was arbitrarily disconnect on 21.03.2024 without giving any opportunity of hearing to the complainants grievances. It is further submitted that, for the whole month starting from the year 2021 till Oct 2022 the meter reading was shown as “defective” and all of a sudden without changing or replacement of installed old meter, the meter reading mentioned  in the aforesaid  bill dt.17/11/2022 as “actual”. That   bill dt.17/11/2022 served in the month of 2022 to the complainant No1 is arbitrarily prepared for the period of   01.04.2021 to 01.11.2022 though the complainant No.2 used to pay previous monthly bill amount regularly. The bill for the month of Oct 2022 and bill of the month of Nov 2022 shows the same meter vide Sl No.2977558 which clarified that, defective meter was not replaced and further, when meter was found defective and no such replacement of meter were done in between October 2022 –November  2022 then all of a sudden the O.P 5 identified the previous meter reading as 6957.0000 and current meter  reading as 352,773.4200 is quite arbitral & illegal clearly proved foul play there on the part of O.P 5. The OPs authorities have  well known of the fact that, meter installed  there in the premises of the complainant got defective which is also clearly  shown there in the bill regularly served to the complainant but they did not pay any heed to rectify / replacement of  the defective meter with new one clearly proved negligence & deficient service there in the part of O.Ps. The complainant No.2, to ascertain the veracity of the meter, applied for a testing and on being inspected by the O.Ps authorities  on dt.25.11.2022, the meter was found “no defect” and old meter was not replaced during Oct-Nov 2022 and that , when the meter is reported to the O.P 5 he assured to rectify the impugned bill dt17/11/2022 accordingly, the complainant hope  for rectification of the bill and did not  pay such a huge inflected & illegal bill No.903010111222278618 dt.17/11/2022 for which the O.Ps authorities  on 21.03.2022 arbitrarily disconnect electricity supply to the complainants premises and  due to such arbitrarily disconnection the fish grown by the complainants No. 2 & 3 in their aforesaid ponds got damage causing loss of Rs.79,80,000/- so also ailing father of the complainant No.2 loss all short of amenities available from electricity resulting his death pending disposal of this complaint caused irreparable injuries,  mental agony and financial loss to the complainants. Hence, this complaint.
5.  On being notice, the Ops appeared through their learned counsel Sri N.R.Mishra and filed their written version denying the complaint allegation on all its material particular. The O.Ps submit that, the complainant has been using electricity for commercial purpose without taking any permission from  the O.Ps as such the complainant is not in clean hand & complaint is not maintainable under C.P Act. So also supply of electricity is liable for disconnection as per regulation 185 of OERC distribution (Condition of supply) Code 2019.  The complainant has never raise before the Ops authorities those issue as it is stated for the first time in his complaint petition. He could have approach the Grievance Redressal Forum established u/s 42(5) of electrify Act 2003 within prescribed period in prescribe manner for transfer of his name. Rather, filed this complaint with a false allegation enclosing self serving false documents without resorting to official procedure established under the prevailing regulation. This complaint is filed only to avoid action against the unauthorized use of electricity. The meter reader has only limited job for  taking meter reading and nothing else as such, any  grievance, if made through the meter reader, shall not be a part of official process for which the O.Ps remain unaware of grievances of the complainant. The complainant was not allowing the meter reader to access the meter installed in the premises for reading of his meter. The meter install in the premises of the complainant was/ is in running condition showing actual consumption of electricity which was reflected in the impugned bill dt.17/11/2022 served to the complainant in the month of No.2022, moreover provisional bill has been raised in accordance with prevailing regulation which are liable for revision in case of availability of actual meter reading on the basis of six month average of new tested meter installed in the premises of the complainant. The O.Ps further submits that, the complainant was given sufficient time and opportunity to pay the arrear bill but the complainant never comes forward to pay the bill at once or have ever requested to provide installment facility for which the O.Ps have taken action in accordance with prevailing regulation and rightly disconnect  electricity to the complainant  serving prior notice of  disconnection and that, there is nothing illegal or arbitral while disconnecting electric supply to the complainant for nonpayment of arrear bill . The complainant has taken false &  fabricated pleas that, he suffered ,loss of fish grown in four pond due to disconnection of power supply though supply of electricity is rightly disconnected as the recourse /process of recovering of the arrear dues and loss if any suffered by the complainant is only for his own fault as such O.Ps are not liable to pay any compensation as claimed  and that, in order to redress the confusion raised in the mind of the consumer a tested meter has already been installed on 05.04.2023 and, consumption of electricity read therein can also be relied upon in order to verify the genuine  of consumption of electricity recorded in the old meter and that , there is no cause of action arose to present this complaint rather, this complaint is liable to be dismissed with cost.
6. The complainant, to  substantiate his claim, has filed the following documents:- 

1. True  copy of the RSD No.11982000999 dated 15.09.2020 vide Annexure -1.
2.  True copies of lease agreement dated 05.01.2021 vide Annexure-2 series.
3. True Copies of subsidy grant by the District Fishries Officer, Kalahandi in favour of Complainant No. 2,3 and 4 vide  Annexure-3 series:
4. True copy of Six  numbers of bills and tax invoice vide  Annexure-4 series:
5.  Two copies of application dated 16.09.2020 made to the Executive Engineer ,KEED,Bhawanipatna/op2 and to S.D.O Kesinga/op 4 vide Annexure-5 series.
6. Copies of electricity bills & details of its payment proofs vide Annexure-6 series.
7. Original copy of Testing report  and inspection dated 25.11.2022 vide Annexure-7
8. Electric Bill with disconnection notice Dt.10.08.2023,dt.08.09.2023 ,dt. 09.10.2023, dt.10.11.2023,dt.07.12.2023,dt.06.01.2024.dt.07.03.2024,dt.10.04.2024,dt.06.05.2024,
9. Notice dt.16.08.2023 as Last & final opportunity for making payment of disputed outstanding amount of Ras 560163/-
10. Testing report & inspection dt.21.02.2024.
11. Money receipt dt.03.04.2023 towards Compliance of interim order dt.29.03.2023 .
12. The complaint petition is supported with an affidavit of the complainant.

7. During hearing of this complaint, the Complainant filed his evidence on affidavit the averment of which are corroborating with the averment of the complaint petition. So also the Ops have filed the evidence  affidavit of one Sri. Manas Ranjan Mathi, the executive Engineer (Elect.), Bhawanipatna, contents of which are corroborating with the averment of the written version is taken in to consideration
8. The Ops,  to   substantiate their pleading, has filed the Bill Summary from 17/12/20 to 01/11/2024 raised against the complainant B.D.Maharaj vide consumer No. 903001014748 .However, bill summary  prior to disputed bill dt.17/11/2022 is not filed for perusal.
9. Here in this case, the complainant No 1 is a registered consumer of electricity being supplied by the OPs for consideration for Irrigation Pumping and Agriculture purpose & not for resale or commercial purpose and that, other consumers are beneficiaries of electricity using electricity with the permission of the registered consumer/Complainant 1(one)  is not disputed as such ,submission of Ops that, the complainant has no locus stand to file this complaint claiming status of the consumers is not acceptable.
10. The  undisputed electricity bill dt.17/10/2022  vide Annexure 6/8 of the complainant petition, served to the complainant clearly shows that, bill amount of Rs.6,910/- is raised on average basis and there is no arrear bill payable to the complainant . The status of meter vide SL. No. is 2977558 shown as “DEFECTIVE”. It is ascertain from the bills Vide annexure 6 series of the complainant petition that bill prior to 17/11/2022 were prepared on average basis showing meter as DEFECTIVE .Nothing placed on record to hold that, the meter of the complainant vide SL. No. is 2977558 has ever repaired or replaced with new one . The impugned bill dt. 17/11/2022 vide annexure -6/9 of the complaint petition shows bill basis: actual and meter reading as actual reading but mentioned the same defective meter vide no. 2977558 as it was mentioned there in the Bill dt.17/10/2022 vide Annexure 6/8 of the complainant petition raised for the period of 01/09/2022 to 30/09/2022 is a matter of concern.
11. The Ops has failed to justify how the status of same meter vide SL. 2977558 read actual consumption without repaired or replaced with new one as it reflected in the impugned bill dt. 17/11/2022. It is seen that, payment of electricity bill vide annexure 6/16 to 6/26 is not disputed. Bill dt.17/10/2022 vide Annexure 6/8 of the complainant petition raised for the period of 01/09/2022 to 30/09/2022 mentioned no arrears due. As such impugned bill dt. 17/11/2022 vide annexure 6/9 of the complaint petition prepared for the period of 01/04/2021 to 01.11.2022 ignoring the receipt of previous bill amount paid by the complainants is not proper .
12. Learned counsel for the complainant draws attention of this commission on  the provision of Replacement of Defective Meters mentioned  there U/S  114 of  Odisha Electricity Regulatory Commission Distribution (Condition of supply) code 2019 which read as follows:-. Replacement of Defective Meters 114. (i) The consumer is expected to intimate the licensee/supplier as soon as he notices that the meter has stopped or is not recording/displaying. (ii) If during periodic or other inspection by the licensee/supplier, any meter is found to be with improper recording, or a consumer makes a complaint in this regard, the licensee/supplier shall follow the procedure detailed in this Code. (iii) If the meter is actually found to be not recording/displaying, the licensee/supplier shall replace such (stuck, running slow, fast or creeping, etc.) meter within 30 working days from the date meter is found to be defective. In case of unavoidable circumstances, the licensee/supplier by recording reasons may replace the defective meter within a period not more than 60 days.
13. The Ops have failed to prove their contention that; the complainant was not allowed to take meter reading or resist the Ops to replaced the defective meter .
14. It is found that, the bill dt. 17/10/2022 vide annexure 6/8 and impugned bill dt. 17/11/2022 annexure 6/9 of the complaint petition clearly reflected same defective Meter vide SL.No. 2977558. The meter installed in the premises remains defective for a long period. Nothing material placed on record to hold that, the Ops have ever taken any steps to rectified or replaced the defective meter of the complainant vide Sl.No. 2977558 with new one rather it remain defective for a long period well within the knowledge of ops and the Ops issued bill arbitrarily on average basis clearly proved negligence & deficient service there on the part of the Ops.
15. The Ops submits contradict to their own bill saying that, previous bills were prepared provisionally for which bill revision as per regulation 150 & 155 of the OERC Distribution(Condition of Supply)Code 2019 is conducted where it is found that, meter is well running condition and the complainant is liable to pay Rs. 5,54,765/-as on 17/11/2022 for consumption of electricity and it is rightly  demanded in the bill dt. 17/11/2022 which has been shown as arrear stand good in accordance with the law and it require no further interference by this Hon’ble Commission is not acceptable.
16. The Ops have failed to justified the Bill dt. 17/11/2022 raised for an amount of  Rs. 5,54,765/-claimed against the complainants as such this commission is of the opinion that, the complainant is not liable to pay said bill amount of  Rs. 5,54,765/-under bill  dt. 17/11/2022 and that, disconnection of supply of electricity to the complainants for non payment of said huge inflated bill is not proper rather, it is found arbitral.
17. With these observation this commission may safely conclude that, the Ops have failed to justified the bill dt. 17/11/2022 for an amount of Rs. 5,54,765/- vide annexure 6/9 of the complaint petition and further conclude that, the complainants are not liable to pay said bill amount to the Ops . 
18. In such fact and circumstances, we are of the opinion that, revision of bill made on the behind & back of the consumer without being heard to the consumer and debit of Rs. 5,54,765/- consumer account of the complainants under bill dt.17/11/2022 & levied it as arrears is arbitral &not proper certainly caused financial burden and mental agony to the complainant liable to be quashed and  waived from the account of the complainant.
19. The learned Counsel for the Ops draws attention of this Commission on the judgement dt.30.03.2012 passed by the Hon’ble SCDRC, Cuttack in Appeal No. 1342/2003, the judgement passed by the Hon;ble Supreme court in Whirlpool Corporation vrs Registrar of Trade Mark, Mumbai, the  Judgement  passed in Haryana State Electricity Board vrs Mam Chand, the  judgement passed in U.P Power Corporation Ltd vrs. Anish Ahmed and on the latest order  dt.16/05/2023 passed by the  Hon’ble High Court Odisha in W.P( c )  No. 1704 of 2020 urged to dismiss this complainant as  not maintainable before this Commission which we have gone thoroughly.
20. Law is well settled that, a complaint against the assessment made by the assessing officer under Section 126 or against the offences committed under Section 135 to 140 of Electricity act 2003 is not maintainable before the consumer forum.
21.  Here the Ops failed to proved that, there is any assessment made under section 126 or action taken against the complainant for committing any offences under Ss 135 to 140 0f Electricity Act 2003 or have any decision of appellate authority under S.127 is passed against which this complaint is presented does not come under the preview of deficiency of service & unfair trade practice rather it is found here that, the grievance of the complainant is different.
22. It may not be disputed that, Indian Parliament is well aware of the existing laws of the nation while enacting Consumer Protection Act 2019 wherein Sect.100 contains as follows:-“Act not in derogation of any other law:- “The Provision of this Act shall be in addition and not in derogation of provisions of any other law for the time being in force”. Hence , this Commission is of the  opinion that, there is no bar to entertain this consumer complaint where the complainants being consumer of electricity supplied by the OPs for consideration has alleged deficient service & unfair trade practice on the part of Ops for not responding of his request/application to transfer the name of consumer and for arbitral disconnection of electricity on account of nonpayment of huge inflated bill raised illegally without hearing the grievance of the complainant.The submission of Ld.Consel for Ops that, this  District Consumer Commission should not entertain the dispute relating supply of Electricity as there is an alternative forum available under the Electricity Act 2003 to redress the grievance of the consumer is not acceptable.
23. Law is well settled that, the Consumer Protection Act is a benevolent legislation enacted to protect the interest of the consumers and it is an additional remedy available to the consumers to redress their grievance.
24. It is found that, an extra financial burden is placed on the complainant no.1 by serving him the bill dt. 17/11/2022 for an amount of Rs.5,54,765/- vide Annexure 6/9 of the complainant petition, so also the OPs authorities have issued disconnection notice  dt.17/12/2022   vide Annexure 6/11 of the complainant petition, asking payment of said outstanding default of Rs.5,54,765/- with threatened to disconnect supply of electricity if not paid within 15 days of receiving of said notice and disconnected the supply of electricity dt. 21/03/2023 to the complainant for non payment of said illegal bill caused financial burden & mental agony to the complainants cannot be denied. As such this commission is of the opinion that, there is sufficient cause arose to present this complainant.
25.  We may Quote here the provision of transfer of consumer’s name there contends in regulation 41 of Odisha Electricity Regulatory Commission Distribution (Condition of supply) code 2019 which read as follows:-“The licensee/supplier shall deal with applications relating to transfer of consumer’s name to legal heir in accordance with the procedure detailed below: (a) The applicant shall apply for change of consumer’s name in the format prescribed in Form No.1 or 2 to this Code, with a copy of the latest bill duly paid in full. The application form shall be accepted on showing the Registered Will/deed, Succession/Legal heir Certificate, Mutation in municipal/land records or any other proof of legal heir-ship. The licensee/supplier shall process the application form in accordance with the provisions of this Code. (b) The change of consumer’s name shall be effected within 15 days after acceptance of application. (c) Any charge for electricity or any sum other than charge for electricity as due and payable to licensee/supplier which remains unpaid by a deceased consumer or the erstwhile owner/occupier of any land/premises as the case may be, shall be a charge on the premise transmitted to the legal representative/ successors-in-law or transferred to the new owner of the premise as the case may be, and same shall be recoverable by the licensee/supplier as due from such legal representative or successor-in law or new owner/occupier of the premises as the case may be.”
26. Nothing placed on record to hold that, the complaint has ever applied for transferred/change of his name following procedure as prescribed and it remain unheard .So also nothing material placed on record to hold that, the fish grown over the ponds of the complainant got damaged solely due to disconnection of supply of electricity as such claim of compensation for loss of fish grown by the Complainant No 2, 3 & 4 is not acceptable.
27. This complaint is presented on dt. 28/03/2023 before this Commission when the Ops on dt. 21/03/2023 arbitrary disconnect supply of electricity to the complainants and this complaint is filed on 28/03/2023 well on time as prescribed under C.P. Act 2019.The complainant is residing within the district of Kalahandi as such this complaint is found well within the jurisdiction of this Commission maintainable under the C.P.Act 2019.
28. Based on above discussion this Commission is of the opinion that, the Ops have neglected to rectified /replaced the defective  with new one and it remains defective  for a long period proved clear violation of the provision of ODISHA Electricity Regulatory Commission Distribution (Condition of supply) Code,2019  and that, bill vide no. 903010111222278618 dt. 17/11/2022 vide annexure 6/9 of the complaint petition issued to the complainant debiting Rs.5,54,765/ to the account of the consumer vide no.  903001014748  is not proper rather arbitral is liable to be  quash and notice threatening disconnection of electricity connection to the premises of the complainant demanding said amount of Rs. 5,54,765/- time & again as arrear based on illegal bill dt.17/11/ and thereby disconnection of electricity on dt 21/03/2023 for non-payment of said illegal & arbitral bill clearly proved deficient service & unfair trade practice there on the party of the Ops certainly caused financial burden & mental agony to the complainant cannot be denied for which the Ops are jointly & severely liable to compensate the complainant.
29. It is found that, supply of electricity to the complainant has already been restored to the complainant in compliance to interim order dt.29/03/2023 so also alleged defective is  replaced on 12/05/2023 with new one and bill for consumption of electricity  has been issuing  as per actual meter reading as on date remains undisputed. Further it reveals from the undisputed Testing Report and Inspection dt.21.02.2024 placed on the record shows that, there is no abnormality found in the meter and consumption of electricity is within permissible limit remains undisputed. The claim of the complainant is at higher side as such allowed in part.sHence it is order.

O R D E R

  This consumer complaint is allowed in part against the Ops on contest with following directions:-

The Opposite Parties are hereby directed to recall the bill vide no. 903010111222278618 dt. 17/11/2022 (vide annexure 6/9 of the complaint petition) for an amount of Rs.5,54,765 debited to the complainant account vide consumer No. vide no.  903001014748 and, the Ops shall restrain themselves  from issuing of such illegal & arbitral disconnection notice and, further directed to take necessary steps as prescribed for correction of the name of consumer by substituting the name of transferee / complainant No 2 in the said consumer No. vide no.  903001014748 following procedure as prescribed and, to pay compensation of Rs 25,000/- to the complainant No 1 (one) towards suffering of financial burden & mental agony which includes cost of this litigation.

The Op No.1(one) being the authority other Ops shall ensure proper & timely service to their the complainants/consumers.

The Opposite Party  are  further  directed  to make compliance of the  aforesaid order within  four weeks  from the  date of  receipt  of this  order falling which the Opposite Party shall be liable to pay additional compensation of Rs. 200/-(Two hundred) per day to the complainant for delayed compliance  till compliance of this order.

  Dictated & corrected by me.

Sd/-

          President.                                                                       

                            I agree.

                                                       Sd/-  

                                                        Member.

 Pronounced in open forum today on this 5^th  day of December  2024  under the seal and signature of this Commission .

 The pending application if any is also stands disposed off accordingly. Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.