Judgment- Hon’ble Mr. Rajendra Kumar Panda,                                                                                                                                                                                                       (President)

          The complainant filed this case U/S-35 of the C.P. Act 2019 for rendering deficiency in service and unfair trade practice by the O.Ps for which the complainant sought redressal  from the O.Ps.

BRIEF FACTS OF THE CASE: -

                   The complainant is a consumer under the O.Ps and availed electric connection having consumer No.312101370158.  Complainant submitted that when the premises are started using of electricity  for both commercial and residential/domestic purpose  he has approached many a time for separate connection with a request to charge  energy consumption duties accordingly but the O.Ps not redressed his grievance. On 22.10.22 the O.Ps issued a bill of  Rs.13,862.40 for three months including the arrear amount of Rs.39,991.40. The Complainant submitted that he paid the amount of Rs.13,900/- on dtd.13.11.22 vide receipt No. B12131202209. Again on 17.11.22 the Op served a bill without correction of disputed arrears and not taken any steps for separation of existing connection into domestic and commercial by fixed the date line of payment within 15 days from the date of issue or otherwise power supply will be disconnect from the premises of the complainant. With such issues  the Complainant alleged deficiency in service ,negligent for the act and unfair trade practice against the Opposite Parties with a prayer to revise and rectify the demand consumption bills ,issue a bill in fresh after correcting the arrear bill Dtd:17.11.2022 amounting to Rs.43,454 , revised the bills separately measuring on the basis of domestic and commercial by modifying the existing connection and install a separate meter exclusively for domestic purpose, to pay Rs.60,000 towards compensation for sufferings etc including cost of litigation besides other reliefs.

                   Admitting the complaint, the Commission issued notice to the O.Ps. Accordingly the O.P.No.2 & 3 appeared and filed their written version in shape of petition and submitted their documents available in record. The Ops stated that the Con.No-312101370158 is in the name of Sitaram Sahu under commercial category. The bill issued on dtd:22.10.22 as per actual consumption in commercial tariff. As per Supply Code 2019 Electricity Act for a separate connection arrear of existing connection should be cleared.                   

                   The Commission perused the complaint, written version/ petition O.Ps, affidavit of complainant and documents available on case record. The Commission observed that the Ops issued 3 months bill at once for which slab rate increased. As in usual practice the Ops/Electricity Company issued consumption bill on monthly basis. So far the slab is concerned which increased not fair in accordance to the Regulation 150 of the OERCD condition of supply code-2019.  On verification of the documents submitted by the Complainant it noticed that the Ops are well aware about the approach of the Complainant with regards to separate connection with separate meter for commercial and domestic purpose in the said premises since dtd:21.02.2018  but not taken any steps to separate the line dividing into commercial and domestic category only to harass the Complainant and make profit under commercial consumption category. In the instant case, the O.Ps intentionally, homicidally and illegally  taken  corrosive action by giving irregular bill (20-25days) and threatened to disconnect the  power supply from the premises of the complainant.   The entire analysis describes that, the O.Ps rendered deficient in services by not giving regular bill and not facilitate the Complainant for separate commercial and domestic connection.

                                                                                    O R D E R

                   Resultantly, the Commission allowed the complaint against O.P.No.2 & 3 on contest dismissed against O.P.No.1.       

                    The O.P.No.2 & 3 jointly and severally liable. As such they shall facilitate the present Consumer /Complainant by providing two separate Electricity Connection under commercial and domestic category and issue a revised bill after due rectification on the line of above observation of the Commission.

                     The entire, order shall be carried out by the O.P.No.2 & 3 within 20 days from the date of receipt of this order failing which  in addition to comply of the order passed in favour of the Complainant, the Ops shall have to pay an amount of Rs.25,000/-(Twenty-Five Thousand rupees only) in favour of President Orphan Centre “Jagannath Niketan” located at R. Sitapur and pay 1,00,000/- (One Lakh rupees only) to the account of State Consumer Welfare.                                                                                             

                       A copy of the order supplied to the parties at free of cost as mandated by the Consumer Protection Act, 2019. The   parties to the case can also download same from 

          The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

          File be consigned to the record room along with a copy of this Judgment duly signed in each page.

                                                                  Pronounced on Dtd:25.10.24