DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Present 1. Shri Raghunath Kar, President
2. Afsara Begum, Member
Dated the 30th day of August, 2018
C.D. Case No. 64 of 2016
Laxmidhar Mallik
S/O Late Siba Charan Mallik
At- Dahapania kenalkula, Po- Chabisipada Sasan,
Ps- Tihidi, Dist- Bhadrak, Odisha ................... Complainant
Versus
01. Executive Engineer, NESCO UTILITY
BNED, Bhadrak, At- By-pass, Po- Bhadrak
Ps- Bhadrak (T), Dist- Bhadrak
02. Sub-Divisional Officer, NESCO UTILITY, Tihidi,
At/Po/Ps- Tihidi, Dist- Bhadrak
For the Complainant: Sri Gopinath Dash & Others
For the O.Ps: Sri H. K Pati &Others
Date of hearing : 06.05.2017
Date of order : 30.08.2018
SHRI RAGHUNATH KAR, PRESIDENT:
That, the complainant is a bonafide domestic consumer under the O.Ps bearing New A/c No. 421221040492 which corresponds to old A/c No./Consumer No. TT-101632 under Tihidi Sub-Division of BNED, Bhadrak Division. The complainant is a regular payee. The complainant is is consuming at about 26 units electricity per month and his connection is under 1 KW load and there is no arrear due on the complainant till dt. 19.01.2016 which can be appreciated from the previous bills and subsequent bills.
On 19.01.2016 one electric bill was submitted by the O.Ps to the complainant demanding press bill amount of Rs 135.40p/- (Rupees one hundred thirty five and forty paise only) and illegally demanding Rs 41,440.50p/- as Sundry Adj. After getting the bill dt. 19.01.2016 the complainant became very astonished and met personally to the O.Ps and put forth his grievance orally and requested them to make correction in his said electricity bill by eradicating the illegal demand of Rs 41,440.50p/- but the O.Ps suggested the complainant to pay the press bill amount his electric bills shall be corrected forth which. So, the complainant on 26.01.2016 paid the press bill amount of Rs 135/- to the O.Ps and obtained money receipt but the O.Ps did not make correction in the complai8nant’s electric bill. Further the complainant has been threatened orally by the department of O.Ps for disconnection of power supply if the complainant does not pay Rs 41,440.50p/- as per bill dt. 19.01.2016. The complainant has served advocate notice dt. 02.02.2016 through his advocate Mr. Gopinath Dash, Bhadrak through registered post to the O.Ps mentioning all the above facts in detail and requested the O.Ps through his advocate for connection of his electric bill by eradicating Rs 41,440.50/- but no action has been taken till today. The cause of action of this case arose on 19.01.2016. Hence the complainant has sought for the reliefs as follows.
1. The O.Ps be directed to correct may revise the electric bill which is amount to Rs 41,440.50p/-.
2. The O.Ps be directed to pay Rs 1,000/- towards the cost of the litigation.
3. The O.Ps be directed to pay Rs 5,000/- to the complainant towards mental agony.
The complainant has filed the following documents as (Xerox copies).
1. Electricity bill Vide old A/c No. 421221040492 on dt. 19.01.2016 to 18.05.2016- 5 sheets.
2. Money receipts on dt. 26.01.2016- 1 sheet.
3. Legal notice dt. 02.02.2016- 3 sheets.
4. Postal receipt dt. 02.02.2016.
The O.Ps have filed their written versions analogously as follows. The O.Ps have challenged that the complainant is lacking the maintainability, cause of action, equity and liable to be dismissed due to suppression of the truth. They have also denied the facts of the complaint entirely according to the averments of the O.Ps. In facts the complainant has filed this complaint for exemption of the assessment amount made U/s 126 of the Act, 2003 only which is not maintainable in view of the settled principle of law as laid down by the Apex Court in the matter of U.P Power Corporation & others Vrs Anish Ahamad in Civil Appeal No. 35906/2011 as there is special provision and separate Forum is available for adjudication of the matter. As the O.ps have adopted the due process of law in assessment of amount as per section 126 of the Electricity Act, they are not liable to pay any consumption or cost. Hence they have prayed for the dismissal of this case.
The O.Ps have filed the following documents in same of (Xerox copies).
1. Final assessment order on dt. 23.12.2015- 1 sheet.
2. Provisional Penalty Assessment Order on dt. 24.09.2015- 1 sheet.
3. Provisional assessment order U/s 126 (2) of the Electricity Act on dt. 24.09.2015- 1 sheet.
4. Spot verification report on checking on installation on dt. 15.09.2015- 1 sheet.
OBSERVATION
We have already perused the complaint & written version as well as the documents filed by both the parties. The complainant has filed the electricity bills of 25.11.2015, 22.09.2015, 24.10.2015 & 24.12.2015, those documents are neither relevant nor related to this case. The complainant has also filed the electricity bill of 25.05.2016 where it is clearly mention that the net amount is Rs 42,048/-, but he has not filed the electricity bill of previous consecutive months. The complainant has described in his complaint that the cause of action arose on 19.01.2016 but he has failed to file the bill of the same date. He has filed the electricity bill of 18.05.2016 and the money receipt of 26.01.2016 in which Rs 135/- has been paid. We have deemed from the aforesaid documents which are inconsistence and irrelevant to this case.
The O.Ps have issued the final assessment order on 23.12.2015 in which the addressee name is found as Laxmidhar Mallik, the complainant but the O.Ps have issued the provisional penalty assessment order on dt. 24.09.2015 and the spot verification report which has issued on 15.09.2015 it is found the consumer’s name is Laxmidhar Nayak. The documents filed by the O.Ps are found irrelevant, unspecific and full of confusion. The O.Ps have also not served the copies of the spot verification report and final assessment order openly consumer (complainant). So the O.Ps have failed to observe the procedures and paraphernalia of section 126 of Odisha Electricity Act, 2003. Both the parties have come to this Forum without clean handed. Both of them also failed to established their own cases. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part. The O.Ps are directed to rectify the bill of 19.01.2016 of the complainant which has been assessed incorrectly without cost . The said bill is to be prepared in the name of Laxmidhar Mallik (complainant) bearing New A/c No. 421221040492 corresponds to old A/c No./Consumer No. TT-101632. The O.Ps are also directed to Carey out this order within 30 days on receipt of this same.
This order is pronounced in the open Forum on the 30th day of August, 2018 under my hand and seal of the Forum.
