ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to restore power supply against the disconnection dtd.28.12.2020 and for withdrawal of penal assessment dtd.29.10.2021 and O.P. No.2 & 3 pay Rs.1,00,000/- towards deficiency of service, gross negligence and monopoly activities along with the cost of Rs.10,000/- towards harassment and mental agony”.
The brief fact of the case is that, the father of the complainant availed new service connection on 20.4.1998 only for domestic purpose with contract load of 820 wt by way of load verification at the time of power supply and electricity department did not provide any meter to the consumer so, on load factor basis monthly electric dues was calculated from the date of power supply to till dtd.10/1999. The only outstanding was of Rs.4,481/- and that outstanding amount grown 10/2000 which continued till the dtd.12/2007. The then electrical authorities did not revise the seven years pending average bills by avoiding the OERC Regulation, 2004. On 28.12.2020 opposite parties unlawful disconnection of power supply and unlawful and false penal assessment imposed against complainant.
Opposite parties filed written version stating as under;
The father of the present complainant Late Rama Chandra Ratsingh village at Gandhanpada vide Con. No.04178991(D) is the original consumer under Tirtol Electrical Sub-Division since long. As per ledger, the E.C. bill from 09/2000 to 12/2007 and from 10/2008 to 04/2016 has been served to the complainant on average basis due to absence of meter. From 05/2016 to till date bill served on actual consumption of meter reading. Complainant had applied before the Hon’ble Court G.R.F., Paradeep vide C.C. Case No.200 of 2020 on dt.24.01.2020 for revision of average bills. As per order of GRF, Paradeep the E.C. bill has been revised for the above average period and implemented on 06/2020 billing cycle. During squad verification on 29.10.2021 it is found that the complainant has used power supply un-authorisedly through hooking from the nearest LT line and orders called for show cause under section 135. The complainant enjoyed power supply since long but never paid the monthly E.C. dues regularly.
As reveals from the records, the complainant has earlier approached GRF, Paradeep in GRF/PED/200/2020, wherein GRF vide order dt.20.3.2020 directed as under;
“The O.P. shall revise the bills of the complainant as per revised statement filed before this forum. The case is accordingly disposed of.
The revision shall be reflected in the next month billing.
The compliance report shall be submitted to the forum within a month failing which it shall be treated as non compliance of order.”
As such the grievance of complainant has been adjudicated by Grievance Redressal Forum, which both parties have accepted and thereafter complainant was given notice U/s.135 of E.A. 2003 for bypassing meter.
As per settled position of law in the case of U.P. Power Corporation Ltd. & others vrs. Anis Ahmad, SLP(C) No.35906 of 2011, this Commission lacks jurisdiction to adjudicate the issue. As such the consumer complaint is dismissed. No cost.
