Orissa

Debagarh

CC/5/2023

Ramesh Ch. Padhi , aged 66 years, S/o-Late Tarani Ch. Padhi - Complainant(s)

Versus

The Executive Engineer, Electrical Division (TPWODL) - Opp.Party(s)

27 Oct 2023

ORDER

BEFORE THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH

C.C. Case No- 05/2023.

Present-Sri Himansu Bhusan Nayak, President, and Sri Pradeep Kumar Nayak, Member.

Ramesh Ch. Padhi, aged 66 years,

S/O-Late Tarani Ch. Padhi,

R/o-vill/Post-Purnagarh,

P.S/Dist-Deogarh.                                                                                  …         Complainant

                                                                  -Versus-

1. The Executive Engineer,

           Electrical Division, (TPWODL)

           At/Post/Dist-Deogarh.

2. The S.D.O., Electrical,

           Division (TPWODL) Deogarh,

            At/Post/Dist-Deogarh.                     

3. The Junior Engineer,

          Electrical section (TPWODL),

           At/Post/Dist-Deogarh.

           For the Complainant          : Self.

            For the O.P.No.1,2&3        : Self.

                                                       DATE OF FILING:23.02.2023.

DATE OF HEARING ;28.04.2023 DATE OF ORDER;27.10.2023.

               Sri Himansu Bhusan Nayak:- Brief facts of the complainant’s complaint is that he is a consumer of O.Ps vide consumer No-414114130237 (domestic) under J.E electrical, TPWODL, Deogarh. The Complainant is a BPL beneficiary bearing No-08041010942. It is averred that on dt.12.02.2023 the complainant has received a disputed bill from O.Ps, wherein excess amount of Rs.3028 and that he has been paying his monthly electrical bill. The Complainant protested the excess electric bill in the office of O.Ps but his grievance was not heard. Rather he was demanded to deposit the bill as supply to him. With the above allegation against Ops the Complainant has sought for compensation of Rs.50,000/- for deficiency in Service and unfair trade practice.

On being noticed, O.Ps appeared and submitted their written version, admittiny the Complainant as a consumer of Electricity under S.D.O, TPWODL, Deogarh with a permitted load 2.2 Kl wart under LT/domestic categories. Having meter serial No-LW1659924 and that the outstanding arrear against the Complainant is Rs.14,134 till Febuary,2023.

Further, the O.Ps are strongly disputed and denied material allegations and objected regarding maintainability of the complaint and strongly disputed supply of excess bill to the complaint. It is also strongly contented that, this complaint may be referred to the statutory authority, i.e GRF constituted under the OREC code as well as under the provision of Indian electricity Act-2003 the O.ps have also relied on billing ledger vide. Annexure-2 to substantiate their stand.

It is also averred that the Provisional bill of the consumer has already been revised after installation of new meter and thereby an amount of Rs.2647.94 has been debited from the billing ledger in the month of January,2023. The O.Ps are also denied all the other allegation of the complainant and prayed for dismissal of the complaint in limine

                                                Finding

Regard being had to the rival contention of both the parties the following material questions are framed

1.         Whether the case is to be referred to GRF, Constituted under statue. ?

2.         Whether the O.Ps are liable for deficiency in Service, for excess billing. ?           

            For brevity, both the issues are taken up together for just adjudication of the matter.

            Peruse the computerized billing ledger filed by O.Ps and the same was not objected by the complainant, mere allegation of wrong billing without proving it does not make out a case of wrong billing. Further it is to note that the details of billing has more fully described in the written version filed by the O.Ps which is convincing and trustworthy. It is also evident that after following due procedure as per OERC code,2019 bills are issued to the consumer during November,2020 to August,2021 has already been revised after installation of new meter and by such revision an amount of Rs.2647.95/- has been debited in the billing account of the consumer in the month of January,2023 and that the said fact is available vide annexure-3 annexed to written version.

            Therefore, considering the facts and circumstances, we are of the considerate view that the complaint of the complainant is liable to be dismissed without cost and compensation. Furthermore, we would like to afford an opportunity to the complainant to approach the GRF constituted under the statue to redressal of his grievance, if any.

            Resultantly, with the above, the complaint is disposed off. Order pronounced in the open court today i.e, on 27^th day of October 2023 under our hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.