DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 30th day of August, 2019
C.D Case No. 46 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Sri Bharat Chandra Sethi
S/o: Late Madhabananda Sethi
Vill: Harishankarpur,
Po: Jitanaga,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Executive Engineer, (Electrical)
At: Executive Engineer Office,
By-pass Bhadrak
Po/Dist: Bhadrak
2. The S.D.O, Electrical (Sub-Divisional-II)
At: NESCO-Bhadrak,
Po/Dist: Bhadrak
3. The Junior Engineer (Electrical)
Section No. III, Bhadrak
At/Po/Dist: Bhadrak
…………………………..Opp. Parties
Counsel For Complainant: Sri Debendranath Panda, Adv
Counsel For the O.Ps: Sri Prasanta Kumar Nayak, Adv
Date of hearing: 02.07.2019
Date of order: 30.08.2019
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 is to the effect that the complainant is a bonafied consumer of the O.Ps. The complainant has been paying the revenues of the Electricity Dept. regularly and sincerely since he has been enrolled as a consumer. The village committee comprising of the consumers has been aggrieved against the OP No. 2 & 3 regarding undeclared power cut, no supply of energy in their village etc. The complainant is the head of the village committee raised his voice against the OP No. 2 & 3 with regard to the aforesaid injustice caused by them. The aforesaid O.Ps took it as a challenge and were determine to persecute the complainant. The O.Ps issued a bill for the month of June in the name of the complainant on 22.07.2015 where they mentioned the load watt as 3 KW without any reason instated of 1 KW which is the actual consumption of the complainant. As the complainant is a law abiding person paid the bill amount Rs 620/- in time. The complainant has never applied before the O.Ps for enhancement of his energy load. The complainant received a bill on 19.08.2015 for the month of July, 2015 where the load capacity was mentioned as 3 KW. The complainant paid the bill amount on 27.08.2015 and asked the person from whom received the bill that why the load factor was enhanced. The said person of the O.Ps department advised the complainant to meet the OP No. 2 & 3 and put forth his grievance before them as a result of which the remedy could have been availed. The complainant met the OP No. 2 & 3 at their offices and ventilated his such grievance. Instated of rectifying, verifying or explaining any reason the OP No. 2 & 3 bluntly told the complainant to lodge complaint in whatsoever manner against them.
The complainant became astonished on 21.09.2015 when he receive the bill for the month of August, 2015 in which an imaginary sundry adjust amount Rs 39,789/- and energy charges Rs 644/- the sum total dues Rs 40,433/- was pending, to be paid by the complainant on or before 28.09.2015. The complainant reached at the office of the OP No. 2 & 3 and asked them about the preparation of such whimsical, arbitrary, and imaginary of sundry arrears. But the OP No. 2 & 3 could not explain the complainant any satisfactory and reasonable grounds in that regard. The complainant also requested them to rectify the bills and load watt and allow him to submit the current bills. The O.Ps deferred with sum other pleas to the complainant to some other date. In last part of July, 2016 the complainant met the OP No. 1 to interfere in the matter but he consoled the complainant that since the OP No. 2 and 3 are field staffs and competent authority to reduce the arrear amount and load watt it would be better to meet them, instead to him. So the complainant met the OP No. 2 & 3 in their respective offices but it bore no result. The complainant served a legal notice through his concerned advocate on 03.08.2016 requesting the O.Ps to rectify and verify and to revise the wrong load watt and issue fresh bills for current months with genuine calculated amount. But the O.Ps neither took any step to make a redrssal and remedy which could have been provided to the complainant. In the month of November the complainant once again met the OP No. 2 & 3 and expressed his grievance but they paid no heeds to the complainant. In the month of April, 2017 the complainant requested the O.Ps to rectify and revise the energy charges on 24.06.2017 for the last time the complainant requested the O.Ps to solve his problems but the O.Ps flatly denied to interfere with the preparation of bills. Rather they advised the complainant to deposit Rs 53,764/- on or before 30.06.2017 failing which the complainant to get ready for the severe consequence.
The cause of action of this case arose on 21.09.2015 hence he has sought for the following reliefs in his complaint.
1. Directing the O.Ps to reduce the energy load watt.
2. Directing the O.Ps to waive out the unjustified claim amount reflected in the bill for August, 2015 and subsequent bills.
3. Directing the O.Ps to scrutiny, verify revise the arbitrary bills issued and intimate the genuine due of the complainant.
4. Directing the O.Ps to receive the current month bill dues calculated properly.
5. Directing the O.Ps not to disconnect energy supply to the premises of complainant till disposal of this consumer dispute.
6. Directing the O.Ps to pay Rs 30,000/- towards mental agony of complainant for last three years and Rs 10,000/- as litigation cost.
7. In view of pleadings of complainant any other relief be granted in favour of complainant against the O.Ps.
Complainant’s relied on the documents.
1. Bills issued by O.Ps.
2. Legal notice dt. 03.08.2016.
On the other hand the O.Ps have filed their written version analogously that they have challenged the maintainability of this complaint in this Forum. The O.ps have stated that the proceeding U/s 126 of Odisha Electricity Act there is an assessment made against the complainant in which the decision on Hon’ble Supreme Court of Electricity Act 2003 which is a landmark judgment between “U.P Power Corporation Ltd. Vs Anish Ahmed”. According to this judgment the present complaint is not maintainable in the D.C.D.R.F the O.Ps have admitted that the complainant the consumer under NESCO Utility having Sub-Divisional Office No. II, Bhadrak and under the Junior Engineer, Electrical, Section- III, Bhadra. The O.Ps have flatly denied the averments made in the Para No. 2 of the complaint. The O.Ps have also admitted the averments made in the Para No. 3 of the complaint is to be correct to the extent that the complainant has paid Rs 620/- in the month of July, 2015. The O.Ps have denied the averments made by the complainant in almost all the paragraphs of the complaint. The fact is that the consumer/complainant has violated the provisions of law which is not deficiency of service or unfair trade practice on the part of the O.Ps as defined under the CP Act. It is also averred by the O.Ps that no such legal notice was received by the O.Ps nor the complainant has filed the postal receipts in his complaint petition. Once an assessment has been done under Section- 126 of the Electricity Act, 2003 it cannot be reviewed by the assessing officer except by Appellate Authority. The final assessment order was intimated to the consumer that he could have filed appeal against such order, U/s 127 (1) before the appellate authority but instated of preferring any appeal the complainant repeatedly approached the O.Ps for waiver of penal bill is not properly explained by the complainant. The O.Ps further averred in their written version that there is alternative remedy available to the consumer to file appeal against the final assessment order under Section- 127 (1) of the Electricity Act 2003, before the appellate authority and only to avoid that remedy the complainant has filed this case before the Forum with such a false plea. The O.Ps have neither received any legal notice issued by the complainant nor he has filed any postal receipt. On 29.12.2014 the premises of the complainant/consumer was verified and it was detected that the consumer was availing power supply unauthorizedly using one heater of 2.0 KW load by hooking from the nearest LT line by bypassing the meter. The total hooking load is 2 KW besides the contract demand of I KW load. The consumer is using more load than the agreement load unauthorizedly by hooking. As per Section- 126 of the Electricity Act, 2003 the provisional assessment order was prepared amounting to Rs 29,789/- giving opportunity to the consumer to file objection if any on the provisional assessment order on or before 22.01.2015 and adte of hearing on objection was fixed to 29.01.2015. The consumer failed to file any objection on the scheduled date and the final assessment order was prepared on 16.02.2015 amounting to Rs 29,789/-. But, due to wrong punching in the computer an amount of 39,789/- is added in the bill of the consumer instead of the final assessment amount of Rs 29,789/- in the month of August, 2015. Hence the O.Ps have sought for the dismissal of this complaint devoid of any merit.
Documents relied and filed by the O.Ps.
1. Photo copy of S.V.R.
2. Provisional assessment order.
3. Final assessment order.
4. Billing statement of the complainant.
OBSERVATION
We have already perused the complaint and written versions filed by the complainant and the O.Ps as well as the documents filed by them. The O.Ps have taken their plea that the complainant/consumer has unauthorizedly consumed as admitted by him. The consumer has violated the provisions of law which is covered under the Section 126 of Electricity Act 2003. The copy of the provisional order which is available in the case record which has been filed by the O.Ps shows that the S.D.O Electrical No. 2 has prepared the said provisional assessment order but no where it is found that the copy of the said order has been served upon the consumer/complainant. The complainant’s signature is not found in the copy by which he could have filed his objection there to. We have perused the copy of the final assessment order which is Annexure- E but no where it is found the complainant has received the copy by which he could have filed the objection in the proper Forum there to. This is nothing but the deficiency of service of the O.Ps. According to the law the assessing officer should have served the copy upon the complainant/consumer properly. Neither the O.Ps served the copies of both the assessments orders upon the complainant/consumer. But the assessing officer have failed to do so. In absence of service of the copies of both the assessments orders upon the consumer the O.Ps have no locus-standi to impose fine of the consumer. So we hold that the provisional assessment and the final assessment made against the complainant have not been complied. They have failed to observe the norms stipulated under Section- 126 of Electricity Act 2003. As a result of which due to the negligence and deficiency of service caused by the O.Ps the complainant has been harassed and suffered from mental agony.
Further the O.Ps have carelessly and capriciously prepared the bill of power supply of the complainant. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on part against the O.Ps. The O.Ps are here by directed to reduce the energy load work. They are also directed to revise and rectify the bill for the month August, 2015 as well as the bills of subsequent months till the date of filing the complaint. They are also directed to bill amounts of successive three months prior to August, 2015 and find out the average bill. The bills from the month of August, 2015 and subsequent months. The O.Ps are further directed to regularize the bills accordingly and impose the same upon the consumer and receive the revenue accordingly. The O.Ps are here by directed to Pay Rs 2,000/- to towards mental agony and unnecessary harassment and Rs 2,000/- towards cost of the litigation to the complainant. The O.Ps are here by directed to carry out this order within 30 days on receipt of the copy of the order.
This order is pronounced in the open Forum on this day of 30th August, 2019 under my hand and seal of the Forum.
