Orissa

Rayagada

CC/104/2016

Sri Santosh Kumar Rauto - Complainant(s)

Versus

The Executive Engineer, Electricals, Southco - Opp.Party(s)

Self

24 Oct 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                           C.C. Case  No.104/ 2016

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                               President.

Sri Gadadhara Sahu,B.Sc.                                      Member

Sri Santosh Kumar Raulo, Constable,S/o Sri Khali Raulo,At: Kapu Street, Po/Ps/Dist. Rayagada.                                                                                         ….Complainant

                                                            Vrs.

Executive Engineer, M/s  South Co. Utility (Electrical Department) Po/Ps/Dist. Rayagada.

…..…..Opp.Party

Counsel for the parties:

For the complainant:  Sri K.Gouri Shankar,Advocate,Rayagada.

For the O.P : Self

                                                            JUDGMENT

                        The facts of the complaint  in brief is that the complainant  is residing in the rented house of Y.Rama Rao at Kaput Street, Rayagada   and the said house is facilitated with electricity bearing Consumer No.OIB 3383/8 A/c No.311101240148  since 2006.   The complainant received electricity charges of Rs.1,06,967/-  on dt.16.03.2016 which is unbearable and too excess and could not be affordable.  The complainant has not received the consumption bills regularly which is not his mistake , so he could not pay on monthly basis. The department has not followed the principles and failed in serving monthly consumption bills in proper manner, so it is totally  default of the O.p , so in no way the complainant is liable   in the over due  case.  Hence, prayed to direct the O.p to settle the issue and allow time to clear the dues . Hence, this complaint.

                        Being noticed, the O.p    appeared and filed his written version  stating therein that  the complainant is neither a consumer nor there is any relationship exist in between the Opp.Party and the complainant in any manner.  The complainant is not a consumer of the O.p  bearing Consumer No.3111011240148 and the consumer number existed in the name of Sri Y.Rama Rao.  The complainant is the tenant under  Sri Y.Rama Rao and the said relationship was not been  informed to the O.p at any time. The electricity consumption bill which has been raised  is correct and the consumer has not filed any objection. On verification of meter  it is found that the status of the meter is OK and the bill  has been raised as per the rule and regulation. Thus the O.p is legally entitled to realize the arrear from the consumer or occupier of the same before filing of this case.  If the meter  is not accessible and meter reading can not be taken, the bill shall be raised provisionally subject to subsequent  revision on the basis of actual meter reading. So the action taken by the O/P is justified and in consonance with law and prevailing regulation. In view of the aforesaid facts and circumstances the complaint petition is devoid of any merit and hence liable to be dismissed in limine.

                        We perused the written version and heard the complainant and O.P. In this complaint it is alleged that  the complainant is not a consumer of the opposite party bearing consumer No.OIB-  3383/8(Old) and New Consumer  No. 311101240148  and there was unauthorized use of electricity by the tenant. This was detected when the officers visited the premises of the tenant.

                        It is apparent that the bills given by the officers of the electricity company are arbitrary, unjustified and out   of statutory provisions.

                        Section 3 of the Consumer Protection Act and Section 175 of the Electricity Act provides that they are  in addition to and not in derogation  of rights under any other law for the time being in force. Therefore C.P.Act is not effected by the Electricity Act.

                        The bare reading of Section 173 ,174 and 175 makes it very clear that the intent of the legislation is not to bar the jurisdiction of the Consumer Fora constituted under the C.P.Act. The provisions of the Electricity act have  over rising effect upon the provisions of any law except that of the C.P.Act.

                        Section 42(8) of  Electricity Act specifically provides that the remedies conferred on the consumer under sub Sec.(5)(6) & (7) of Sec.42 are without prejudice to the right which the consumer may have apart from the rights conferred upon him by those sub sections.

                        Section 145 of the Electricity Act specifically bars the jurisdiction of the Civil Court to entertain any suit or proceedings in respect of any matter which an assessing officer referred to  sub sec.126.

                        Whenever there is a provision for settlement of the claim the authority has to follow the same without putting the consumer into trouble and to go for litigation. If the meter reading is wrong, the entire responsibility lies with the supplier to prove that it was due to the calculated effort of the consumer and they have to show the reason for such wrong reading or excess reading. When the above aspect is not explained by the supply company there right to charge on higher rate does not  arise at all.

                        Hence, the assessment order made by the OP is deemed to be arbitrary without any basis. Hence, the OP may establish the same by due process giving opportunity to the consumer either to refute the same or admit  the same and such charges will be made only on rectification of such defects  by the supply company who has installed the meter there and the liability cannot be saddled upon the consumer unless it is proved that there is some positive  action by the consumer in order to divert the energy unauthorisedly. Hence the petition is allowed.

                                                                   ORDER

                        In the result, since the OP has not followed the prescribed  rules and for the ends of justice we feel it necessary to pass an order directing the OP to calculate the use of electricity  was continuing for a period of last six months and prepare bill accordingly and issue fresh bill. The complainant is  also directed to appraise the Ops for revision of the bill. The earlier bill issued by the OP is hereby quashed. There shall be no order as to costs.

                        Pronounced in open forum today on this  5^th day of October,2016 under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy  of  ration card

By the Opp.Party: Nil

 

                                                                                                 President