DATE OF DISPOSAL: 22.01.2024

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Parties  (in short O.Ps.). For redressal of his grievance before this Commission, the complainant sought following reliefs:

1. Payment of Rs.8216/- to the complainant and interest @ 12% pa from the date of the deposit.
2. Payment of Rs.50,000/- towards compensation for harassment and mental agony.
3. Payment of Rs.20,000/- towards cost of litigation i.e., Advocate Fees, type, affidavit, Xerox and other ancillary expenses. and
4. Pass order/orders as deem fil as the Hon’ble Commission may please.

            2. The brief fact of the case is that the  complainant  is the user of the electricity consumer No: 342101000169 old A/C No: 13-F-14/2 being occupant of the resident of one Ladu Sabat, Ananda Nagar, Panigrhipentho, Berhampur since 45 years. Accordingly the complainant deposited monthly consumption energy charges without default. While the matter stood thus, the O.P.No.1 inspected the premises on 30.08.2022 and handed over the inspection report on the spot to the complainant. Thereafter, the O.P.No.1 sent a letter No. 3398 dated 03.09.2022 regarding provisional assessment order U/s 126 of the Electricity Act, 2003 for an unauthorized use of electricity to the extent of Rs.36,988/- and fixed the date to 16.09.2022 at 11.00 A.M for filing of objections if any against the Provisional Assessment Order and personal hearing in any working day. On the date of hearing the O.P.No.1 threatened the complainant regarding the disconnection of power supply of the premises of levied amount of Rs.36,988/-will not be deposited with no time. The O.P.No.1 has recorded wrong information in the physical verification report under inventory clause at Annexure-4 as resisted by the complainant in his complaint. The complainant also submitted that he has produced limited quantity of mixture for per day and use of electricity for said purpose was also very limited to 5 days in a month. The complainant further submitted about total units consumed since Augusts 2022 till November 2022 (Annexure-5). For proper inquiry into the matter, the complainant issued a letter to the O.P.No.1 dated nil (Annexure-6). Thereafter, the complainant deposited a sum of Rs.8216/- on 01.11.2022 in constraint when the O.P.No.1 tried to disconnect the power supply of the premises of the complainant without following the statutory provision U/s 56 of the Indian Electricity Act, 2003(Annexure-7).  Being aggrieved with the action of the O.Ps, the complainant filed the present complaint and sought the relief as prayed supra.

            3. Admitting the complaint, the Commission issued notices to the O.Ps. The O.Ps appeared and filed the written version through their advocate on dated 02.03.2023.

            4. On the date of hearing both parties are present.  The O.Ps admitted in their written version that, the complainant is the tenant in the premises of the consumer Ladu Sabata. The technical experts of TPSODL vigilance and enforcement team inspected the premises of consumer No. 3421-0108-0169 on 30.08.2022. The said team of O.P.No.1 found that, the power supply used for industry purpose, the meter was defective and the load used was found 4.78KW whereas contract demand is 2KW. The said team handed over the physical verification report to the complainant/occupier on the spot. Accordingly the O.P.No.1 initiated a proceeding under Section 126 of the Electricity Act, 2003 and issued provisional assessment order for unauthorized use of electricity by using excess load than the sanctioned load and power supply is used for commercial purpose vide L.No.3398 dated 03.09.2022 in the name of the recorded consumer and invited to file objection and hearing on or before 16.09.2022. The complainant appeared on 16.09.2022 and the O.P.No.1 issued final assessment bill to the tune of Rs.21,092/- on 29.09.2022 and served the same through registered post with AD vide Letter No. 5044 dated 29.09.2022. The O.P.No.1 rightly calculated the load of the complainant for the purpose of the mixture industry and imposed on tariff basis. As per demand of the complainant the O.P.No.1 re-inspected the premises of the complainant and found that one number of 1 H.P. motor, one TV, two numbers of fan and one number of light are used for domestic purpose.  Accordingly, the 1^st final assessment bill was modified and re-assessed the amount to the tune of Rs.16,432/-. Thereafter the complainant deposited Rs.8216/- on dated 01.11.2022 as part payment.

            On analyzing the evidence available in the case record, it is apparent that the entire proceeding of the O.Ps is not at par with the statutory provision of Electricity Act, 2003. And O.P. No.1 has prepared the report on the basis of report of Enforcement Engineer who has signed the report on 30.08.2022. But while referring to the available documents in the case record, the Commission found that, the O.P.No.1 being Assessing Officer not personally inspected the premises in accordance to the Section 126(1) of the Electricity Act.  So the physical verification reports vide Book No. Nil sl. No. 46540 creates doubt. Further after passing of the Final Assessment order vide No./ViG-5044/City circle, dated 29.09.2022 by Assessing officer (Elect.) the premises of the complainant/occupant re-checked by one S.O. and found that, the inventory of electrical appliances was totally different and the Assessing Officer has directed the S.O. of the O.P.No.1 office again to re-assessment for the purpose of the domestic consumption. Accordingly the S.O. has prepared Final Assessment Bill which was signed on 01.11.2022 for Rs.16,432/- for 1024KW which is within the contract demand of 2KW but no fresh final assessment order has passed by the Assessing Officer/O.P.1. Further, to re-classify a consumer of domestic category to General Purpose category, the connected load must be exceeds 20% of the total connected load. In the instant case, as per 2^nd inspection carried out by the opposite party no.1, the connected load is less than the total contract demand of 2KW. Further, it is also comes to the knowledge of the Commission that, no final assessment order has filed by the O.P.No.1 for Rs.16,432/- in the present case. The op no.1 has passed final assessment order by relying upon the report of the Enforcement Engineer whereas, the Sec.126(1) of the Electricity Act, 2003 dealt that, accept assessing officer no one should inspect the premises of the consumer and electrical appliances, documents, etc. which is confirmed by the Hon’ble High Court of Gauhati in M/s Virdhi Iron Steels v. Assam Power Distribution Company Ltd. reported in 2022 LiveLaw (Gau) 26.

It is manifest that it is a case of simple erroneous bill which is coming under Dispute/Erroneous billing Reg. 149 and 150(1) of the OEREC Distribution (Conditions of Supply) Code, 2019. The citation on whom, the O.Ps relied upon does not applicable in the present case. The O.Ps claimed more than the actual billing basis issued under spot billing as per statutory provision under Regulation 14 of the code, 2019.  Therefore, the amount assessed as final u/S.126 by the O.Ps on 01.11.2022 is not enforceable in accordance to the fact and law of the case.

            Resultantly, the District Commission allowed the complaint of the Complainant against O.Ps on contest. The Opposite Parties are jointly and severally liable to refund the deposited amount of Rs.8216/- by way of adjustment in the subsequent bill and such amount shall be refunded together with simple interest at the rate of 6% per month i.e. 01.11.2022 from the date of payment of excess amount till actual date of payment. The Opposite Parties are directed to carry out the above order within 45 days from the date of receipt of this order. In the event of non compliance of the above order, all the amount shall carry interest @12% per annum and the complainant is at liberty to recover the said amount from the O.Ps under Section 71/72 of the Consumer Protection Act, 2019.

The interim order is pending, if any, stands disposed of in terms of the aforesaid order.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to the respective parties free of cost as mandated by the Consumer Protection Act, 1986 or the copy of this order be downloaded from www.confonet.nic.in to treat same as copy supplied from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 22.01.2024