Orissa

Rayagada

CC/39/2014

Rukumini Kar, - Complainant(s)

Versus

The Jr Enginer, Electrical South Co - Opp.Party(s)

Self

01 Oct 2016

ORDER

 

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

C.C. Case  No.39 / 2014.

                                                                                               

             P R E S E N T .

            Sri Pradeep Kumar Dash, LL.B,                             President.

            Sri Gadadhara Sahu, B.Sc,                                      Member

            Rukuni Kar,At: Kalidas Lane,JH.K.Pur,B.C.Road,Dist. Rayagada, Odisha.                                                                                                  Versus                 …………..Complainant

1. The Junior Engineer, Electrical Section, South Co. At/Po J.K.Pur,Dist. Rayagada.
2. Sub-Divisional Officer, South Co., Electrical Sub-Division, At: Seriguda, Dist. Rayagada.
3. Vigilance & Enforcement Officer, AT: South Co.  Circle Office,At:  Siriguda,Dist. Rayagada.

                                                                                                ……………..Opp.Parties

Counsel for the Parties:

For the complainant: In Person

For the O.Ps: Self                         JUDGMENT

                        The  facts of the case in brief is that the complainant  is a consumer of the O.ps vide Consumer No. 03-JK-6433 and A/c No.31103280170 and  the complainant  has paid the consumption electric bill amount up to December,2013. On January,.2014 the complainant has  received a bill amount of Rs.34,951/-  which is illegal and arbitrarily  imposed   by the Ops. Hence, prayed to pass interim order  as per the provisions of Sec.13-3B of the C.P.Act restraining the Ops from realisation of the amount  and for disconnecting the said line until disposal of the case. Hence, this complaint.

                        Being noticed, the O.Ps appeared and filed written version inter alia denying the petition allegations on all its material particulars.  It is submitted by the O.ps that the complainant is a consumer of the O.ps  vide Consumer No.311103280170.   It is hereby submitted that the O.p 1 has  inspected the premises of the complainant  on 07.08.2013 and during course of the inspection it was found that the  meter was tempered and complainant is availing power supply by  unauthorized means  by making meter slow by (-) 70.23% . For such unauthorized use of electricity the opposite party No.1  being empowered  under the Electricity Act,2003   made provisional assessment  Under Section 126(2)  of the Act by way of passing provisional assessment to the tune of Rs.34,951/- and if the complainant is aggrieved by the final order of assessment made under Sec.126(3) of the Act, he may within 30 days of the said order, prefer an appeal before the Appellate Authority as per the mandate of Section 127 of the Electricity Act,2003 which is a special tribunal constituted under Section 127 of the Indian Electricity Act,2003 for redressal of any grievance against the final order of assessment as regards to unauthorized use of electricity ,as such the Hon’ble Forum  has no jurisdiction to entertain  the complaint  filed by the complainant. Further the jurisdiction of the consumer forum has been barred as per the provision of Se 145 of the Electricity Act, so the complaint filed by the complainant  needs to  be dismissed  in the interest of justice.                   

                                                              FINDINGS

                        It is admitted by the parties that the meter is defective (burnt meter) and it is to be replaced immediately. In view of the decision with reference to the Sec.26 of the Indian Electricity Act,1910 and replaced by Act,2003 the Hon’ble Supreme Court has held in Madhya Pradesh Electricity Board V. Basantibai AIR 1988 Supreme Court 71, 2007 CTJ 1(SC)(CP).  It is held that  “ In case of defective meter reference  is to be made to Electrical Inspector who is competent under Sec.26(6) of Electricity Act,1910 to find whether the meter is defective and if so to estimate the energy consumption for a period not exceeding six months prior to date of discovery of defect.

                        In view of the above decision the assessing officer Vigilance & Enforcement ,Rayagada is not competent to make such assessment and to impose penalty violating the provision U/s 26(6) of the Act and it is only the Electrical Inspector is empowered and the assessment is to be for the preceding six months as per the new meter if there is no such defect noticed during the period. Accordingly the order of assessment is set aside and O.ps are directed to follow the instructions contained in the OERC  manual provided for that purpose. The complainant is only liable to pay the consumption charges as per the meter reading from the date of  installation of a new meter and to wait for the fresh assessment bill by the electrical inspector empowered for that purpose. Hence, it is ordered.

                                                                         ORDER

                        In view of the legal provisions stated above the petition of the complainant is allowed . The assessment order passed by the Vigilance & Enforcement Officer is set aside. The complainant is to pay the regular consumption bills from the date of installation of new meter as per the reading and to make his account up to date till a final decision is arrived at by the Electrical Inspector confining. The parties are to bear their own cost.

                        Pronounced in open forum today on this  7^th day of October ,2016 under the seal and signature of this forum.

                        A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

                        Member                                                                             President

Documents relied upon:

By the complainant:

1. Copy of  energy  bill charges.
2. Copy of Inspection report.
3. Copy of objection letter of the complainant.
4. Copy of Provisional assessment order
5. Copy of Unauthorised Assessment bill(Provisional)

By the Ops

1. Copy of Inspection report.
2. Copy of Provisional assessment order
3. Copy of Unauthorised Assessment bill(Provisional)
4. Copy of Final assessment order
5. Copy of Unauthorised Assessment bill(Final)

                                                                                                           

                                                                                                           

                                                                                                                      President