IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Shri Biraja Prasad Kar, President,
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray, Lady Member.
Dated the 29th day of November,2014.
C.C.Case No.297 of 2012
Nityananda Mishra,S/O Late Mana govinda Mishra
At/P.O. Kujhala,P.S.Jajpur Sadar
Dist.Jajpur. …… ……....Complainant . .
(Versus)
- The S.D.O,Electrical ,Bari Electrical Sub-division, At/P.O/ Bari, Dist. Jajpur.
- The J.E.Electrical,Sujanpur, Electrical Section-1,At/P.O.Sujanpur,Dist.Jajpur.
- The Executive Engineer, Electrical Kuakhia Electrical Divn.
NESCO, At/P.O. Kuakhia , Dist. Jajpur.
…………………..Opp.Parties.
For the Complainant: Sri L.D.Nayak, Advocate.
For the Opp.Parties No.1 and 2: Sri G.C.Panda, Miss B.R.Rout, Advocates.
For the Opp.Parties No.3 None.
Date of order: 29. 11. 2014.
MISS SMITA RAY , LADY MEMBER .
In the present dispute the petitioner alleges deficiency in service on the part of the O.Ps. due to illegal assessment of electricity dues.
The facts as stated by the petitioner in the complain petition shortly is that the petitioner being an inhabitant of Vill.Kujhala within the Dist of Jajpur is a consumer under the O.Ps. bearing consumer No.25715(D) who is availing power supply from the O.Ps. . It is alleged by the petitioner that as against the power supply though he is paying the electricity dues regularly but due to non payment of electricity dues though his line was disconnected , the O.Ps. are charging the electricity dues during the disconnection period. Besides this after re-connection on 05.06.2010 the O.Ps. are claiming huge amount of electricity dues as arrear in assessing the electricity dues on load factor since from the year 1990 which is arbitrary. Accordingly the petitioner has filed this dispute with the prayer to direct the O.Ps. to exempt the electricity dues for the disconnection period as well as the assessment of load factor billing may be revised as per meter reading.
After appearance the O.Ps. have filed their counter denying the allegation of the petitioner. As per written version of O.Ps.
- The present dispute is barred by limitation for which it is not maintainable .
- It is also not the facts that the petitioner’s power supply was disconnected.
- Similarly the petitioner has never approached this O.Ps. to revise the electricity bill.
- Further though there was load factor billing of the monthly consumption as 288 units up to July-2009 but after August-2009 the consumption of electricity of the petitioner was assessed 144 units up to March-2011 and in the month of April-2011 though a new meter bearing No.5292258 was installed and assessment was done as per meter reading but due to some technical fault the same could not be continued. At present the O.ps. are ready to revise the electricity bill of the petitioner taking 3 months meter reading after installation of new meter in case the petitioner cleared up the electricity dues of the undisputed period.
After perusal of the record as well as the documents along with the copy of the ledger we are inclined to dispose of the dispute as per our observation stated below:-
- It is admitted facts that the petitioner is a consumer under the O.Ps. who is availing the power supply since long so far as grievance of the petitioner is concerned he has filed the present dispute on the ground that the O.Ps. without supplying the electricity bill instead of written complaint from the side of the petitioner the O.Ps. at belated stage claiming huge amount towards arrear electricity dues as well as the O.Ps. have assessed the electricity dues during the disconnection period. As against such contention the petitioner has not filed any documentary evidence to establish that he has made his grievance in writing to the O.Ps. in absence of which we are declined to accept such contention of the petitioner .
- As regards question of limitation as raised by O.Ps. in the present dispute we are inclined to clarify that as the O.Ps. are claiming the arrear electricity dues from the long back period in that way the O.Ps. are also liable to clarify in which way they are entitled to claim such electricity dues since as per the ledger the same has been assessed on load factor as well as on average basis which is contrary to regulation -86 of OERC Code-2004. To this effect the petitioner also relied on the observation reported in 2004(II) CLD-568 wherein the Hon’ble M.P State Commission has held in case of any genuine claim the limitation is a technical point.
- In addition to it the O.Ps. vide para-iv has stated that they are ready to revise the electricity bill in case the petitioner clear up the arrear electricity dues of the undisputed period.
In the above narrated clarification from our side we dispose of the dispute as per order below.
O R D E R
The O.Ps. are directed to revise the arrear electricity dues of the petitioner taking 3 months average meter reading by installing a new checked meter at the cost of the petitioner. After revision the same is to be supplied to the petitioner by R.P. The petitioner is also directed to clear up the revise arrear electricity dues within 3 months from the date of receipt of the revise electricity bill . No cost.
This order is pronounced in the open Forum on this the 29th day of November ,2014. under my hand and seal of the Forum.
(Miss Smita Ray)
(Shri Biraja Prasad Kar ) Lady Member.
President. Typed to my dictation & corrected by me
(Shri Pitabas Mohanty) (Miss Smita Ray)
Member. Lady Member.
