Orissa

Rayagada

CC/103/2016

Subhakaran Jain - Complainant(s)

Versus

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

Self

29 Aug 2016

ORDER

 

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

C.C. Case  No.103/ 2016

                                                                                               

             P R E S E N T .

            Sri Pradeep Kumar Dash, LL.B,                             President.

            Sri Gadadhara Sahu, B.Sc,                                      Member

 

            Sri Subhakaran Jain, S/o late Sardarmal Jain, aged about 75 years, Resident of New          Colony, Rayagada, Po/Ps/Dist. Rayagada, Odisha.

                                                                                                …………..Complainant

                                                Versus

1. The Executive Engineer, South Utility,  Rayagada.
2. S.D.O, Electricals, South Utility, Rayagada.
3. Vigilance & Enforcement Officer, South Utility, Rayagada.

                                                                                                                                                                                                                        ……………..Opp.Parties

Counsel for the Parties:

For the complainant: In person

For the O.Ps: Self

 

                                                JUDGMENT

                        The  facts of the case in brief is that the complainant  is a consumer of the O.ps vide Consumer No.311202440272  and he  was regularly paying the  electricity dues   without any default. Originally the house  was in the name of Sri P.Suryanarayana who is already dead and after his death the complainant has purchased the house with its fixtures and the meter connection vide Registered document No.1405 dt. 07.10.2003  and from that date he is regularly paying the electricity dues in the name of late P.Suryanaranana. After obtaining ROR the complainant requested the O.ps to transfer the name of the consumer and to change the same in the name of the complainant and the O.p have full knowledge of the fact and regularly they  received the electricity bills presented for payment by the complainant  and there is no dues against the said connection till today. On 10.01.2014  the O.P 3 has visited the premises  and given  inspection  report  where it is stated that there is error in recording the meter and falsely  stated that the seal is tempered and on the basis of the said report the O.p 3 has made an assessment of aRs.1,72,008/- and asked the complainant o to pay the same. The O.ps without giving any opportunity to submit the documents has revised the said order on 6.2.2014 and reduced the assessment to Rs.75,194/- and against the said assessment the complainant has filed his objection but they refused to accept the same since the connection is in the name of late P.Suryanarayana and the complainant is no way connected with the case. The O.p has stated that there is defect in the reading of the meter  and as such the assessment made by the O.p 3 is without any jurisdiction and it has to be verified by the Inspector of Electricals about the condition of the meter and they only the assessment will follow as per the rules. The O.ps are threatening to disconnect the electricity connection from the premises of the complainant  and they wanted to cause harassment to the complainant. Hence, prayed to pass interim order  U/s 13 (3-B) of the C.P.Act  not to disconnect the electricity supply to his premises  till disposal of the present dispute and direct the O.ps to accept the application of the complainant to change the ownership of the premises in his name including the electricity connection in his name and pass such other relief as the forum deem fit and proper.

                        Being noticed, the O.Ps appeared and filed written version inter alia denying the petition allegations on all its material particulars.  It is submitted by the O.ps that the complainant is a occupier of the premises in which the electricity connection is stands in the name of  the Sri P.Suryanarayana who is a  consumer of the O.ps  vide Consumer No.311102440272 and being a purchase of the said premises the complainant is liable to pay all the charges levied upon the consumer on use of electricity. The O.p 3 has  inspected the premises of the complainant  on 10.01.2014 and during course of the inspection it was found that the complainant is availing power supply  through a tempered meter   after breaking the meter seals   and the meter was running slow 67.52 %  and the consumer was suing the power supply from domestic purpose to commercial purpose by a means not authaorised. The availing of power supply through a tempered meter amounts to unauthorized use of electricity under Section 126 of the Electricity Act,2003 and for such unauthaorized use of electricity the  opposite party No.3  being empowered  under the Electricity Act,2003   made provisional assessment  Under Section 126(2)  of the Act by way of passing provisional assessment to the tune of Rs.1,72,008/-  and served to the complainant  calling upon him to file objection within 7 days of receipt of such provisional assessment  but the complainant did not file any objection on the date fixed as such the O.P 3 passed final assessment. If the complainant is aggrieved by the final order of assessment made under Sec.126(3) of the Act, he may within 30 days of the said order, prefer an appeal before the Appellate Authority as per the mandate of Section 127 of the Electricity Act,2003  which is a special tribunal constituted under Section 127 of the Indian Electricity Act,2003 for redressal of any grievance against the final order of assessment as regards to unauthorized use of electricity as such the Hon’ble Forum  has no jurisdiction to entertain  the complaint  filed by the complainant. In view of the above  the complaint is devoid of any merit and  liable to be dismissed in limine.

                                         FINDINGS

 

                        It is apparent that the orders passed by the officers of the electricity company are arbitrary, unjustified and out  of statutory provisions.  It is advised  that the concerned officers should be given training or should be made aware of the powers under the Act so that such misuse may not be there in future.  In any case, if there is unauthorized misuse of electricity, the same can be dealt with in accordance with law.

                         Also, there is further limitation under sub-section (6) for assessment in case of unauthorized use of electricity that such assessment shall be made at a rate equal to twice the tariff applicable for the relevant category of services specified under sub-section (5). 

 

          This provision would apply in case where there is apparent theft of electricity as contemplated under section 135(1).  That means, the ingredients of section 135(1)(a) to (e) are required to be prima facie satisfied.  In any set of circumstances, the third proviso to section 135(1A), which contemplates deposit or payment of the assessed amount or electricity charges in accordance with the provisions of the Act, would definitely mean that procedure of assessment under section 126 is followed.  

 

             However, as stated above, the officers have not understood the provisions of section 126 of the Act they straightway issued Notice directing the complainants to pay the amount .  This is nothing but arbitrary and against the law.

                        After due adjudication this forum should not interfere with the same and further states that  against the final  assessment order passed under Rule 126 of the said Act and therefore, liberty may be granted to the complainant to approach the appropriate forum ventilating his grievance in accordance  with Law. Hence, it is ordered

                                                            ORDER

            The appellate authority to  condone the delay of the complaint  according  to the order of this forum. As well as, we ordered  the Ops not to claim any amount of the notice bill as demanded  by them and they can only claim the complainant the regular bill  till finalization of the petition by the appellate authority . We do not award any cost or compensation. Parties to bear their own cost.                                                                                                  Pronounced in open forum today on this 23rd  day of September ,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. Copy of  sale deed

1. Copy of Inspection report
2. Copy of assessment order
3. Copy of second assessment order
4. Copy of ROR
5. Payment of electricity bill up to Feb,2016.

 

                                                                                                              President