DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 21st day of November, 2017

C.D Case No. 117 of 2015

Kushabhadra Sethi

S/o: Late Bangali Sethi

At/Po: Sundarpur

Ps: Dhusuri

Dist: Bhadrak

                                                        ……………………. Complainant

            (Versus)

1. The Executive Engineer, Electrical

    Bhadrak South Electrical Division, NESCO Utility

    At: Samaraipur

    Po: Gelpur

    Ps/Dist: Bhadrak (R)

2. S.D.O, Electrical, Asurali

    At: Asurali

    Po/ Ps/Dist: Bhadrak (T)

                                                    …………………………..Opp. Parties

For the Complainant: Sri A. K. Nayak & Others

For the O.Ps No. 1 & 2: Sri D. Nayak

Date of hearing: 08.07.2015

Date of order: 21.11.2017

SRI RAGHUNATH KAR, PRESIDENT

The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against the complainant is to the effect that the complainant is a consumer under the O.Ps, he used to consume the electric energy regularly and paying the charges as per the calculation. The consumer No. of the complainant is vide A/C No. 4222-2415-0293 (New) & A/C No. DAS-5079 (Old). On 14.10.2015 the OP No. 2 issued a disconnection notice to the complainant demanding the energy charges for amount of Rs 66673/- which is wrong, illegal & erroneous. On receipt of the notice the complainant approached the OP No. 2 for correction of the bill. The later assured the former to verify & to correct the bill. In the earlier occasions the OP No. 2 issued no dues certificate up to Sept 2011 in respect of the Regd. No. N1141052603, dt. 24.04.2012 & dt. 21.01.2015 the billing statement of the OP was found that the meter reading of Sept 2012, the complainant consumes 7588 units in a month. The complainant has also alleged that the O.Ps have prepared the bill according to the meter reading of Sept 2012 & the complainant consumed 7588 units which shows that the meter is defecting. The bill is prepared amount to Rs 41,388/-. The O.Ps have also issued the disconnection notice demanding the amount of Rs 66673/- up to July 2015 including the deducted amount Rs 6103/- as per no due certificate & the wrong bill of Rs 41,388/- is illegal. In view of the complainants appeal for correction of bill, the OP No. 2 became heedless for which the O.Ps have caused deficiency in service towards the complainant. The cause of action arose on dt. 14.10.2015 when the O.Ps issued the demand notice & dt. 02.11.2015 when the O.Ps refuse to correct the energy bill, and threatened for disconnection.

The complainant sought for the reliefs such as:-

1. To revise the energy bills within the stipulated period & not to charge the energy bill for the amount of Rs 66673/- issued by the O.Ps on dt. 14.10.2015.

2. To grant the relief of Rs 25,000/- as mental agony & unnecessary harassment.

3. To grant the relief of cost of the litigation Rs 5,000/-.

4. Whatever other reliefs the complainant is entitled to.

The complainant has filed the following documents (Xerox copies) as follows:-

I. The disconnection notice dt. 14.10.2015- Anx-1

II. No due certificate dt. 24.04.2012- Anx-2

III. Representation to the S.D.O Electrical (NESCO), Asurali Sub-Division

IV. Money receipts dt. 21.03.2015, 21.02.2105, 22.01.2015, 21.08.2014, 30.06.2014, 21.10.2014, 21.10.2014, 30.04.2014, 28.02.2014, 27.01.2014, 24.12.2013, 20.11.2013, 23.09.2013, 22.08.2013, 22.03.2012, 22.03.2012 & 22.03.2012.

V. Electricity bills for the month of July-2015, Sept-2015, Oct-2016, April-2015, June-2105, and May-2015.

VI. The representation made by the complainant to the S.D.O Electrical, Asurali.

VII. Meter installation report.

On the other hand the O.Ps have filed their written version such as follows:-

That they have challenged the maintainability of the CD Case, they also challenged that there is no cause of action, the reliefs sought for are beyond the jurisdiction of this Forum. The O.Ps have also denied all the allegations made against them, and have prayed for dismissal of this case. The complaint does not contain the affidavit & the cause of action. They have cited some decisions of the National Commission for the non-maintainability of the CD Case in this Forum. The O.Ps have also averred that this Forum has no jurisdiction to entertain the CD Case which has been assessed U/S 126 of the Electricity Act 2003. The O.ps have admitted some portion of the para No. 3, 4, 5, 6, 7 & 8 of the complaint and denied some portion. They further stated that the billing was made on load factor basic from March-2013 to Feb-2014 as per OERC guide line, but in the Month of March-2014 the new correct meter has been installed bearing No. NES-45125 & the non co-portion of the consumer & an authorized use of electricity meter reading was not taken for which the billing was made on load factor basic. On 22.10.2014 the premises of the complainant was verified & deducted that the consumer was using 2 KW load where as the contract demand is 1 KW & the meter is also defective. After the detection a new meter was installed in the month of March-2015, assessment proceeding U/S 120 of the Electric Act 2003 was initiated which final assessment order amounting to Rs 12,736/-. As per close hundred OERC 2004 the disconnection notice has been served. The complainant could have made a complaint with regard to the erroneous bill before the designated officer as per close 91 of OERC code 2004. The O.Ps have further filed a statement of accounts regarding the irregularities & defaulter ship of the complainant regarding the payment of revenues.

Hence the O.Ps have prayed for the dismissal of the CD case. They have submitted some documents (Xerox copies) as follows:-

1. Statement of accounts of the complainant, vide old A/C No. DAS-5079. 2 sheets

2. Statement of accounts vide new A/C No. 4223 Anx-1, 1 shhet

3. Carbone copy of the representation made by the complainant to the OP No. 2 on 22.10.2014 vide consumer No. DAS-5079 on dt. 22.10.2014. Anx- 2

4. Representation made by the complainant to the OP No. 2 on 04.06.2015. Anx- 3

5. Letter from the OP No. 2 to the complainant on 24.04.2012. Anx- 4

6. Disconnection notice issued by the OP No. 2 to the complainant on 14.10.2015. Anx- 5

7. Electricity bill of the complainant dt. 11.07.2015. Anx- 6

8. Money receipts of dt. 22.01.2015, 21.02.2015 & 21.03.2015. Anx- 7

9. Money receipts of on dt. 28.02.2014, 30.04.2012 & 27.01.2012. Anx- 7(a)

10. Money receipts of on dt. 21.10.2014 amounting to Rs 4,000/- & 21.10.2014 amounting to Rs 1350/-. Anx- 7 (b)

11. Money receipts of 21.01.2013, 24.12.2013, 23.09.2013. Anx- 7 (c)

12. Money receipts of dt. 21.08.2014, 22.08.2013 & 30.06.2012. Anx- 7 (d)

13. Money receipts dt. 22.03.2012 Rs 657/-, 22.03.2012 Rs 1843/- , 22.03.2012 Rs 1820/-. Anx- 7 (e)

OBSERVATION

We have already perused the complaint, the documents filed by the complainant as well as the written version, and the documents filed by the O.Ps. The complainant has alleged that the meter reading & billing statement of the OP has been taken into account that the meter reading of the Sept 2012, the complainant consume 7588 units in a month which clearly shows that the meter is defective, even in the O.Ps have also prepared the bill according to the defective wrong meter of Rs 41,388/- for only one month which is defective & incorrect. The O.Ps have also served the illegal disconnection notice on 14.10.2015 demanding the amount of Rs 66.673/- up to July 2015, including the deducted amount Rs 6103/- as per no dues certificate & wrong billing of Rs 41,388/- which is illegal & excessive it is proved the documents filed by the complainant the no dues certificate was issued on 24.04.2012 (Annexure- 2).   But the assessment has been made for the month of July 2015. Hence there is no link between the no dues certificate & the assessment. According to the O.Ps the complainant was consumed the electricity power illegally.

The allegation of the complainant that the meter reading was made from the old & defective meter for which the unites of energy used by the complainant is so high. The O.Ps have filed the statement of accounts (Annexure- 1) from which it is held that the meter reading was correct. It has been admitted by the O.Ps that there was a new meter installed & the meter reading was made from the new meter. So there is no question of wrong meter reading. The O.Ps have filed the meter installation report on 04.03.2014. It has been held from observed from the document filed by the O.Ps “the revision of erroneous energy bills” that which is prepared on 24.04.2015. It held from the said document that the new meter was installed on 24.04.2015. So the complainant could not establish his case in respect of new meters but not the old meter.

The complainant has filed his case in this Forum after surpassing the different Forums which is prescribed by the law. The complainant should have filed this complaint before the competent authority as per Regulation 98 of the OERC under distribution & condition of supply Court 2004. The complainant should have preferred this case in GRF, Balasore which is the appropriate authority u/s 42 (5) of the electricity Act for redressal of the electricity Act seeking the remedy. Further the O.Ps have claimed that in this case the final assessment u/s 126 of electricity Act has been made against the complainant. The Apex Court holds that “a complaint against assessment made by assessing office u/s 126 or against the offence committed u/s 135 to 142 of Odisha Electricity Act” before the consumer Forum. The complainant was availing OTS scheme. The complainant was availing the same benefit had cleared arrear electricity bill up to Sept 2011. The O.Ps have further averred that the assessment proceeding u/s 126 of electricity Act was initiated in which the assessment procedure u/s 126 of electricity 2003 should have initiated in which final assessment order amounting to Rs 12,736/- was claimed on month of November 2014. So the complainant should have filed an appeal. The consumption paten of the consumer clearly shows that the consumer is irregular in payment of electricity charges during verification it was detected that the consumer is using 2 KW where as his contract demand 1 KW. After the final assessment of the complainant, the electricity tribunal is opened from the aggrieved consumer for filing the appeal u/s 127 of the Act. It is well proved that on 22.10.2014 the premises of the complainant was verified by NESCO vigilance team & during verification the illegal use of the electricity by the complainant was detected. In view of the aforesaid matter as the new meter was installed the meter reading was very clear & correct, It is held that this CD Case is immatured to file in this Forum rather the complainant should have preferred an appeal before the competent authority to adjudicate the matter of installation of new meter & rectification of electric bill in the proper Forum u/s 127 of Odisha Electricity Act. The present CD Case not maintainable as the final assessment has been made u/s 126 of the Odisha Electricity Acty.Hence it is ordered;

ORDER

 The complaint is and the same be dismissed due to lack of jurisdiction without cost. The complainant is at a liberty to file his appeal u/s 127 of Odisha Electricity Act, before the competent authority within 30 days on receipt of this order. The limitation of the proposed appeal is not barred because the matter was under subjudice.  

This order is pronounced in the open Forum on this day of 21st November, 2017 under my hand and seal of the Forum.