Orissa

Jajapur

CC/132/2023

Smt.Shantilata Das. - Complainant(s)

Versus

The Chief Engineer,TPNODL. - Opp.Party(s)

29 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 132 / 2023.

                                                     Date  of filing Complaint   :-   03.07.2023

                                                      Date of Argument:   09.02.2024

Date of Order    :-      29.02.2024.             

Dated the 29th day of February’ 2024.

Smt. Shantilata Das,  W/o Subash Chandra Das

Vill :- Taramadan   P.O./ P.S/ Dist:- Jajpur,                    .  .  .  .  Complainant. 

                                    Versus.

1. Chief Engineer, TPNODL, At/P.O/P.S/Dist. Baleswar
2. Executive Engineer, TPNODL, At/P.O/Dist. Jajpur.
3. S.D.O,Electrical, TPNODL, Jajpur Division, At/P.O/Dist.Jajpur........................Opp.Parties.

P R E S E N T S.

                         1.     Smt. Susmita Mishra, President.

                         2.    Sri Bibekananda Das,       Member .

               Counsels appeared for the parties.                           

For the Complainant        :-             Sri  Subas ch.Das,Advocate 

For the Opp. Parties          :            Sri . G.C.Panda,  Advocate.

J U D G M E N T

PRESENTED BY SMT  SUSMITA MISHRA, PRESIDENT  :-

                  The  complainant namely Smt. Shantilata Das   has  filed the present consumer Complaint  bearing C.C.No. 132 of 2023 Under sec.32 of the C.P.Act,2019  against the above-named O.Ps and seeking the following reliefs:

“ to direct O.Ps members to correct the excess bill amount imposed on the petitioner as well as punished the O.Ps as per provision of law “.

Brief Facts of the Case

1.                        The  facts relevant for the present dispute as per complaint petition  in brief are that the complainant is a genuine domestic consumer under the above-said O.ps bearing CINU 401090R2021PLCO 3595 1, S.C.No.612121110304 and Consumer A/C No.16121022013( Old consumer No.JTT7513). The complainant was paid the electrical bills amount regularly to the O.ps as per his consumption and as per meter reading. One electrical meter was provided by the GRIDCO,when the old meter was defunct, the complainant approached the S.D.O,Electrical,Jajpur Division for supply of one new meter to the house premises of the complainant. Accordingly, the official staffs of the O.ps installed a new electrical meter. After that, on 07.06.2023 the complainant got one bill bearing bill No.612070623000008 M 4943 from O.ps  wherein it is observed that the complainant is liable to pay Rs.20,750/- . Then the complainant being one old lady astonished about it and went to the office of the O.Ps for a request  to correct the excess bill amount imposed upon her, but in vain. Hence the complainant filed the present case with a prayer to direct the O.Ps to correct the excess electricity bills of the complainant.

2.                      The O.Ps after appearance filed their written version taking the pleas that the complainant having arrear in her A/C bearing consumer No.612121110304 is Rs.20,128.96 paisa up to June,2023. The bills were raised on provisional basis from April,2021, till June,2022 @ 116 units average per month. In June,2023 , the complainant got bill of Rs.20,750/- including his current bills of Rs.4,609.39 paisa for the month of May,2023. It is also stated by the O.ps that taking into average of 6 months of unit consumed in the new meter and calculating differential units during meter defective period. Sundry charges of Rs.16,141.02 paisa was added in the bill U/sec.155 of OERC Code. The average units are calculated on new meter reading found to be 310 unit per months. It is also argued by the learned advocate on behalf of the O.ps that O.p.no.2 had no knowledge of claim of the complainant for installation of meter. Hence, there is no deficiency of service from the side of the O.ps and is required to be dismissed.

    3.          We have heard the arguments from both the sides and carefully perused the record and documents therein.

    4.           On perusal of record, it is  observed that there are pending dues as arrears exists against the complainant vide Electricity bill No.612050224000035 M4922/ dt. 05.02.2024, consumer A/C No.16121022013 and old A/C No.JTT 7513.( Xerox copy attached and Marked as C-8) . On bill dated 05.02.2024, it is seen that Load Factor, 1.0kw, category-LT DOM, Bill Unit-29, Basis : Actual, Bill days 30 days from 06.01.2024 to 05.02.2024 vide Mtr.No. TPNODL 31051641 and current  amount is Rs.150.48/- with Arrear / Advance is Rs.16,272.86/- in toto Rs.16,423.00/- to be paid by the complainant . On electricity bill dated 07.06.2023 vide Bill No.612070623000000M4943, Bill units: 778,Basis : Actual, vide Mtr. No. TPNODL 31051641 and current amount is Rs.4608.54/- with Arrear /Advance is Rs.0.85567/- in toto Rs.20,750.42/- to be paid by the complainant. ( Xerox copy attached and marked as C-2). Similarly , on bill dated 07.02.2023 if shows that Bill unit: 111, Basis :Actual, Bill days : 29.0, No. of month 1 and the current amount is Rs.430.51/- whereas the Arrear /Adv. is Rs.1.27/- in toto Rs.481.00/- is to be paid by the complainant and on bill dated 07.05.2023 if shows that Bill unit: 422 ,Basis: Actual, the current amount is Rs.2293.00/- where as the arrear/ advance 0.20 in toto Rs.2208.00/- is to be paid by the complainant respectively. ( Xerox copy attached and marked as C-3 & C-4)

        5.             In the aforesaid electricity bills, it is undisputed fact that the complainant is LT-Domestic consumer under the O.ps vide consumer A/C No.16121022013 and old consumer No.JTT7513. Taking into consideration the prayer made by the complainant we found that the complainant was regularly paying the energy charges to the O.ps and obtaining payment receipts. ( Xerox copy of Electricity Bills and Receipts annexed) . It is also undisputed fact that the complainant did not pay electricity dues regularly as per his statement on the complaint petition. On the other, hand the O.ps have prepared the electricity bills as per their sweet will on actual consumption basis.

             6.        We have also verified the entire case record regarding the defective meter neither complainant nor the O.ps were produced any documents to show when and in which date the new electrical meter was installed. On the other hand, the O.Ps were not produced any single scrap of papers for their defence like receipt of Electrical Meter installation  and ledger statement  Account of the consumer/ complainant. But the load factor/ actual bills prepared by the O.Ps from 07.02.2023 to 05.02.2024 is violates the regulation of the provisions under the O.E.R.C Code,2004. However, the O.Ps may deduct 40% of the outstanding bill as they usually do at their discretion. Hence the order.

O R D E R    

                 We therefore directing the O.ps to deduct 40% of the total outstanding electric dues if any of the complainant along with regular bill as per actual consumption of energy as per  proper meter reading and revise the bill accordingly. , This order has to be carried out within one month from the date of receipt of this order.

Issue extract of the order to the parties concerned.

                        Judgment pronounced in the Open Commission on this the 29th day February,2024.