PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 182/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Manju Gupta,

W/O-Ranjit Kumar Gupta

At- Hara GouriVihar, Back Side of Ainthapali Bus Stand,

Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur.                                                    .……….......Complainant.

Vrs.

The Executive Engineer, TPWODL,

At-Near Tata Nagar Petrol Pump, Ainthapali,

Dist-Sambalpur-768004, Odisha                                    …...……….Opp. Party

Counsels:-

1. For the Complainant        :- Sri. A.K. Mishra, Adv.
2. For the O.P.                       :- Ms. D. Answesha & Others Legal Officer, TPWODL

Date of Filing:04.01.2024,  Date of Hearing :12.03.2024  Date of Judgement : 21.10.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is a consumer of the OP and having three nos of Electricity connections in her premises and out of which two nos are functioning and another was in active connection till March 2022 and the said meter was declared dead by the OP due to shut circuit and the final bill including outstanding bill as in the bill was paid and cleared in the month of April, 2022 for the month of March 2022. From March, 2022 onwards, the said meter was declared dead and no bill was generated as because the full and final settlement was cleared in the month of April 2022.  After April 2022 another two nos of meters are functioning as usual and the staff of the TPWODL regularly every month generate the Electricity bill and the Complainant as a genuine customer cleared the bill every month and there is no bill pending with the Complainant. All of a sudden after 23 months of closing of dead meter the staff of the TPWODL in the month of Feb, 2024 without informing the Complainant, entered the premises of the Complainant and without notice to the Complainant, replaced the defective meter in to a new one, without having connection and cleverly generated a bill of outstanding worth Rs. 1, 34,883/- . The said meter has no electric connection, and the Complainant not required the said meter but the OP forced/pressurized the Complainant to pay the total amount. The Complainant sent the legal notice to the OP to settle the matter but no positive result come out from the OP. Hence this case.
2. The written statements of the O.P is that in exercise of the powers conferred under Section 42(5) of the Electricity Act, 2003, the GRF has been established for the redressal of the grievance of the consumer. Since the present dispute is in the nature of billing, this Hon’ble Forum may be pleased to refer the matter to the GRF, Burla for being the appropriate forum for effective adjudication of the issues in the instant matter. It is a well settled principle of law and upheld by the Hon’ble High court of Orissa that the billing disputes are outside the purview/jurisdiction of this Hon’ble Commission and the same has to be adjudicated by the GRF constituted under the statutory provisions. Energy billing was continuously carried out for the said consumer number till January 2023. Further the connection of the Complaint that no bill was generated for the reason of a full and final settlement is completely untenable for lack of supporting documents. Moreover, the physical verification Reports issued by the License for the consumer makes it clear that the consumer has 3 functional energy connection and the disconnection of one supply connection bearing consumer no. 4117-3406-0943 was done considering the pending outstanding arrears accrued in the name of the Complainant herein. The consumer had directed its consumption from the disconnected connection to the other two in order to deceive the Licensee and find a way out to avoid the legitimate usage of energy units and subsequent payment. Further, the PVR dtd. 06.07.2024 clearly states that the disconnection was done on 22.06.2024 and the same was again reconnected on 29.06.2024. Therefore, it is quite evident to note that all the 3 meters were in functional condition during the period of dispute. The Complainant has failed to demonstrate any cogent reasons and supporting evidence to substantiate its claims. Therefore, the reliefs sought for by the Complainant herein cannot be granted by this Hon’ble Commission. The instant complaint is devoid of any merit and is liable to be dismissed at the instance.

ISSUES

1. Is the Complainant is a Consumer of the O.P?
2. Is there any deficiency of service in part of O.P?
3. Whether this Forum/Commission has power to deal the case of electricity Act?
4. Whether the Complainant is entitled for getting any relief?

Issue No. 1 Is the Complainant is a consumer of the O.P?

The Complainant is the consumer of the OP having three number of electric connections and paying electric dues hence the Complainant is a consumer as per the CP Act.

Issue No. 2 Is there any deficiency of service in part of O.P?

Without following due procedure, the OP entered the premises of the Complainant, replaced the defective meter in to a new one and generated a bill of outstanding worth Rs. 1,34,883/-. Hence the O.P are deficienct in service.

Issue No. 3 Whether this Forum/Commission has power to deal the case of electricity Act?

In this case the Complainant has filed the case and submitted against the OP for deficiency in service, Unfair Trade practice and Monopoly of the OP. This commission has power to deal with the case relating to any deficiency of service, unfair trade practice and Monopoly of OP as per the CP Act.2019.

Issue No. 4 Whether the Complainant is entitled for getting any relief?

From all the facts of the parties, the Complainant is entitled for getting reliefs what he claims in his complaint petition from the OP.

Accordingly the case is disposed of on contest and ordered:

                             ORDER

The claim of Rs. 1,34,883/- of the O.P. is illegal. The OP is directed to pay Rs. 25,000/- towards deficiency in service , damages and mental agony suffered by the Complainant as Compensation and Rs. 10,000/- towards cost & litigation expenses of the petition to the Complainant within 30 days from the date of order, failing which the amount will further carry with 9% interest per annum till realization to the complainant. Further the Complainant is directed to pay the monthly electric bill regularly to the OPs.

Order pronounced in the open Court today on 21^st day of Oct, 2024.

Free copies of this order to the parties are supplied.