DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 21st day of December, 2019
C.D Case No. 42 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Umakanta Padhi
S/o Late Lokanath Padhi,
Vill/Po: Kolha,
Ps: Tihidi,
Dist: Bhadrak
……………………. Complainant
(Versus)
1. Executive Engineer,
Bhadrak North Electrical Division,
At/Po/Ps/Dist: Bhadrak
2. S.D.O. Electrical
At/Po/Ps: Tihidi,
Dist: Bhadrak …………………………..Opp. Parties
Counsel For Complainant: Sri Bijana Kumar Jena, Adv & Others
Counsel For the O.Ps No: Smt. G. Pradhan, Dy Manager (Legal) NESCO
Date of hearing: 28.08.2019
Date of order: 21.12.2019
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 that the complainant has got one ice factory at Kolha. To run and operate the factory he purchased energy i.e. electricity from the O.Ps vide consumer No. 421201340085 from the NESCO. The complainant is a consumer for industrial purpose and he consumes energy for running of such factory up to 6 KW and he used to pay energy charges regularly and per month the energy charges comes in between Rs 1200/- to Rs 3000/-. The bill for the month of April, 2017 was prepared by O.Ps to the complainant to Rs 9140/- and the complainant objected to such huge amount but the O.Ps collected Rs 9140/- from the complainant on dt. 23.04.2017 by giving threat for disconnection again O.Ps sent bill for amount of Rs 14,613/- and collected the same from complainant on 26.05.2017 by giving threat to disconnect the connection and the complainant paid said amount with objection. The O.Ps have sent bill to this complainant dt. 09.06.2017 for Rs 40,526/- for the said electric connection making 6 KW to 8 KW unilaterally and gave a notice along with that bill on dt. 15.06.2017 fixing payment dt. 23.06.2017. On that bill there has been charge of Rs 24,975/- towards computer adjustment, which is quite illegal, further increment of 8 KW from 6 KW is also illegal and arbitrary. The O.Ps had received excessive charges from the complainant on 26.05.2017 and 23.04.2017. The preparation of bill for Rs 40,525/- dt. 09.06.2017 clearly shows the deficiency of service and unfair trade practice on the part of the O.Ps, further the O.Ps have threatened to the complainant on dt. 25.05.2017 to disconnect the electric power connection of the complainant if the security money and dues of the bill would not be paid by 30.06.2017. The complainant suffered mentally, physically and financially. The complainant is entitled to be refunded Rs 18,000/- from the O.Ps which has been received by the O.Ps on 23.04.2017 and 26.05.2017.
Hence the complainant has sought for the following reliefs.
1. The O.Ps be directed to refund Rs 18,000/- to the complainant.
2. The O.Ps be directed to prepare the bill maintaining 6 KW deducting computer adjustment and to revise the bill vide dt. 09.06.2017.
3. The O.Ps be directed to pay Rs 25,000/- towards compensation for mental agony of the complainant.
4. The O.Ps be directed not to disconnect the power supply of the complainant.
Documents filed by the complainant.
1. Money receipts- 6 sheets.
2. Electric bill- 7 sheets.
3. Letter dt. 25.05.2017 issued by the O.Ps to the complainant- 1 sheet.
The O.Ps appeared through their concerned advocate and filed their written version analogously as follows.
That the O.Ps have challenged the maintainability as well as the cause of action of the complainant. They have also denied all the allegations made by the complainant in his complaint in the forgoing paragraphs of the complaint. The complainant is a consumer under the O.Ps having one Ice Factory bearing consumer No. TT30974 (I) and he is a commercial category consumer. On 02.03.2017 during surprise inspection of the premises of complainant it was detected that he was indulged in unauthorized use of electricity by hooking from his brothers service line who was also availing power supply by hooking from the nearest L.T Line. Thereafter, action was taken against him U/s 126 of the Indian Electricity Act, 2003 by serving a provisional assessment order amounting to Rs 33,241.92/-. As he has not objected to the same, final assessment order was passed amounting to Rs 24,915.84/- and the same amount was reflected in the energy bill of the consumer when he did not pay the aforesaid amount. The copy of the SVR, provisional and final assessment order are failed herewith as Annexure- A. The complainant has not challenged the validity and legality of the SVR as well as the proceeding U/s 126 of the Electricity Act, 2003. So, it cannot be attributed that, the O.Ps have committed any unfair trade practice or deficiency in service.
Subsequently as per Section 56 and Regulation 100 of the OERC distribution (condition of supply) code, 2004, the O.ps issued notice for payment of arrear outstanding dues and in spite of receipt of that the complainant remained silent and did not pay the arrear amounting to Rs 36,734.52/- is pending against the complainant and by taking advantage of the interim order dt. 22.06.2017, the complainant is not paying the arrear dues. The up to date billing statement of the complainant is filed herewith as Annexure- B. So, it cannot be said that, the act of the O.Ps are illegal and it caused any mental, physical or financial loss to the complainant. Hence the O.Ps prayed dismissed this complaint.
OBSERVATION
We have already perused the complaint and written version filed by the complainant and the O.Ps as well as the documents filed by them. The O.Ps have not filed any document to support their stands described in the written version. The O.Ps have also not filed the copies of the preliminary assessment and the final assessment. It is the settled principle of law that the O.Ps should have served a copy of the preliminary assessment as well as the final assessment upon the complainant. We are in ambiguity that whether any preliminary assessment or any final assessment has been made against the complainant. The preliminary assessment should have been made in presence of the complainant and they should have granted adequate scopes to the complainant to file their show cause in respect of both assessments. Hence we have held that the O.Ps have failed to substantiate their case against the complainant. We have also held that the O.Ps have suppressed the truth. We have found there is blank the complaint which the complainant is held responsible for this. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part against the O.Ps without any cost & compensation. The O.Ps are here by direct to revise the electricity bill on 09.06.2017 and maintain 6 KW deducting computer adjustment. The bill dt. 09.06.2017 be rectified taking into the consideration taking average of 3 months of previous bills. The O.Ps are also directed to carry out this order within 30 days from the days of receipt of the copy of this order.
This order is pronounced in the open Forum on this day of 21st December, 2019 under my hand and seal of the Forum.
