DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 10th day of July, 2019
C.D Case No. 06 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Bimbadhar Rout
S/o: Late Prahallad Rout
At/Po: Kalahandia,
Via: Nalanga.
Ps/Dist: Bhadrak (R)
……………………. Complainant
(Versus)
1. The Executive Engineer, Bhadrak South Electrical Division, NESCO Utility
At/Po: Samraipur,
Ps/Dist: Bhadrak (R)
2. The SDO, Electrical, NESCO UTILITY,
At/Po/Ps: Dhamnagar,
Dist: Bhadrak
…………………………..Opp. Parties
Counsel For Complainant: Sri B. Dhal & Others, Adv
Counsel For the O.Ps: Sri Prasanta Kumar Nayak & Others, Adv
Date of hearing: 27.03.2018
Date of order: 10.07.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps as follows. The complainant is a consumer under the NESCO and using the energy regularly and paying the energy charges as per the calculation of the O.Ps vide new A/c No- 422113010635 (old A/c No- BO-721). On 18.11.2016 the O.Ps issued bill for the month of October, 2016 and demanded the energy charges for the amount of Rs 13,566/- which is wrong erroneous, illegal and arbitrary. On receipt of the bill the complainant approached the OP No. 2 for correction of the same. The OP No. 2 assured the complainant to rectify the same after the due enquiry is made in the next month and he advised the complainant to continue depositing the billed amount. The complainant having satisfied with the consolation of the OP No. 2 deposited the monthly energy charges on 23.11.2016 vide money receipt No- AX-2288. The O.Ps issued bill for the month of December 2016 and calculated the energy charges which is amount to Rs 13,566/-. Once again the complainant requested of the OP No. 2 to rectify the bills of previous months. When the complainant was prepared to pay the energy charges the OP No. 2 refused to received the same and replied that there might be provisional assessment. When the complainant asked him about the provisional charges and enhancement of the amount of the energy bills, the OP No. 2 replied the notice of the provisional assessment must be served upon as per the Odisha Electricity Act. Further he replied that according to the Manner of Service of Provisional Assessment order rules 2004, the load and the category of the consumer would be enhanced but in the present case no remedy could be provided to the complainant. The OP No. 2 threatened to the complainant that neither the provisional assessment order will be served upon the consumer nor the load or category enhanced or change and also it demonstrated in the electricity bill that the meter is in normal and O.K condition. If the complainant or any of his family members refused to sign on the inspection report the inspection party could have obtained the signature of the local public, respectable persons in the locality or local ward members or Sarapanch but he did not do so also. If at all the complainant was availing power supply to his residence by unauthorized use of electricity the O.Ps ought to have lodged F.I.R against the complainant. But till today no F.I.R has been lodged against the complainant. So there is no question of theft of electricity. The complainant visited the office of the O.Ps of several occasions but the O.Ps paid no heed towards request of the complainant, as well as the said bill could not be rectified.
The cause of action arose on 18.11.2016 when the O.Ps issued the energy bills and on 08.01.2017 when the O.Ps refused to rectify the energy bills and threatened to disconnect the electricity power connection supplied to the domestic house of the complainant, as a result of which due to the deficiency of service caused by the O.Ps towards the complainant the later has taken shelter under this Forum for redressal. Hence the complainant has sought for the following reliefs.
1. The O.Ps be directed to rectify the energy bills in the stipulated period and not to change the same till the disposal of this complaint.
2. The complainant be awarded Rs 50,000/- towards the mental agony and Rs 15,000/- towards other reliefs.
List of schedule documents relied on (Xerox copy).
1. Energy bill- 1 sheet.
2. Money receipts- 1 sheet.
On the other hand the O.Ps have filed their written version analogously. They have challenged the maintainability of this complaint in this Forum and denied all the allegations made by the complainant against them. The averments have been made by the complainant in the forgoing paragraphs are not true and lack of merit. The O.Ps have also averred that the complainant has suppressed the fact. The reality of the case is that the assessing office passed Provisional Assessment order on dt. 31.08.2016 and Final Assessment order was passed on dt. 24.09.2016 U/s 126 of the Electricity Act, 2003. As per Final Assessment order, Rs 13,455/- is assessed and has claimed in the electricity bill. The copy of Provisional Assessment order & copy of Final Assessment order are annexed herewith as Annexure- 2 & 3. The O.Ps have further averred that both the assessment such as provisional and final have been made U/s 126 of the Odisha Electricity Act and Rule of 2003. According to the Hon’ble Apex Court has held that “a complaint against assessment made by Assessing Officer U/s 126 or against the offence committed U/s 135 to 142 of Act, 2003 is not maintainable before a Consumer Forum”.
According to the Hon’ble Apex Court in the matter of “U.P Power Corporation & others Vs. Anish Ahamad in Civil Appeal No. 35906/2011 decided the question involved in the appeal i.e. whether, the Consumer Forum or any other person against the assessment made U/s 126 of the Electricity Act, 2003”. Further the Hon’ble Apex Court has held that “a complaint against assessment made by Assessing Officer U/s 126 or against the offence committed U/s 135 to 142 of Act, 2003 is not maintainable before a Consumer Forum”. Hence the O.Ps have prayed for the dismissal of this complaint.
Documents relied upon (Xerox copies):-
1. Spot verification report on checking of installation- 1 sheet.
2. Show cause- 1 sheet.
3. Provisional order on dt. 31.08.2016- 1 sheet.
4. Statements of account- 1 sheets.
5. Final assessment order on dt. 24.09.2016- 1 sheet.
OBSERVATION
We have already perused the complaint and written versions filed by the complainant and the O.Ps as well as the documents filed by the complainant and the O.Ps. We have reached at the findings that the claim of the complainant is genuine and legal. He has come to this Forum with clean hands. The calculation of the bill amount and the sudden enhancement of the same have caused the deficiency of service and dishonest trade practice by the O.Ps to the complainant. It is evident and due to the negligence of the O.Ps. According to the written version filed by the O.Ps it appears that the O.Ps have conducted preliminary assessment and final assessment with regard to the complainants house premises and alleged that the complainant had been using unauthorized power connection of electricity of the complainant. But it is a regardful matter that after perusal of the spot verification report on checking of installation of Bimbadhar Rout the notice has been served upon the complainant by the inspecting officer. After perusal of the said document we have found that the complainant/consumer has not been served upon the complainant/consumer properly. The space specified for the signature of the consumer in the left side below of the report, the assessing officer has mentioned “refused to sign on the spot”. There are provisions are also laid down in the statute, if the consumer has refused to sign to receive copy of the spot verification report, any adult member of the family should have been offered to sign and receive of the same. If the family members refused to sign the assessing officer should have observed the norms of the service. He should have sent the said copy by registered post with AD in favour of the consumer or to put signature of whiteness those who are the neighbors, villagers or kith or kins. The verifying authority as failed to observe the norms of the spot verification and delivery of the said report to the consumer. The O.Ps should have affixed the copy of the report and notice on the conspicuous part of the house of the complainant, taking the signature of the witnesses. Hence the copy of the report could not be served upon the complainant or he has not received any copy. In the absence of the compliance the procedure of Section 126 could not be complied. The notice which was to serve upon the consumer so the proceeding U/s 126 of Odisha Electricity Act became fruitless. The O.Ps have failed to make sufficient and service prove against the complainant. So the O.Ps have caused deficiency of service in this regard. The complaint filed by the complainant is just and proper. The O.Ps have failed to prove their case. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on contest against OP No. 1 and 2. Both the O.Ps are here by directed to revise the electricity bills of the consumer taking the average units consumed basing on actual consumption in three successive months and communicated the same to the consumer within a period of 30 days from the date of order. In addition to above the aforementioned O.Ps are liable to pay Rs 3,000/- as compensation for mental agony and harassment and Rs 2,000/- as cost of litigation. This order must be complied within 30 days failing which the compensation amount will go on increasing day by day @ Rs 25 per day.
This order is pronounced in the open Forum on this day of 10th July, 2019 under my hand and seal of the Forum.
