Date of filing:- 01/10/2022.                                                                                                                                                                                                     Date of Order:-26/06/2023.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 34 OF  2022

Sukamuni Meher, aged about 52 years, S/o. Late Debarchan Meher, R/o. Barpali, W.No. 1 (Near RMC Market), Po. Barpali, Ps/Tah. Barpali, Dist. Bargarh (Odisha).

                                                                                                                        Complainant.

-: V e r s u s :-

The S.D.O, Electrical, TPWODL, Barpali, At/Po. Barpali, Dist. Bargarh, Odisha, Pin. 768029.

                                                                                                                        Opposite Party.

Counsel for the Parties:-

For the Complainant :-                :- Self.

For the Opposite Party :-     :- Sri P.K. Acharya with Associates.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.26/06/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal,  Member (w) :-

1. The Case of the Complainant is that the Complainant is availing electrical services from the Opposite Party bearing Consumer No. 515101130714 and has been regularly paying the electric charges in respect of his home situated in front of R.M.C. Barpali. On Dt. 15/09/2022 some staff of the Opposite Party entered into the house and opened the meter without the consent of any member and handed over a red colour report and demanded money alongwith threatening to disconnect the electricity that on 29/09/2022 a notice was received for bearing for payment of Rs. 83,707/-(Rupees eighty three thousand seven hundred seven)only the Complainant on Dt. 28/09/2022 get a  pleader notice but the Opposite Party did not pay any need to it. The Opposite Party by demanding illegal huge bill has committed unfair trade practice.

Hence, this Complaint petition was filed.

2. The Opposite Party after appearance filed their version and submitted that on 15/09/2022 vigilance squard fond that the Complainant is availing a 4.5 KW load against permitted load 2 K.W. with a tempered meter. The inspecting squard prepared a physical verification report the assessment is proper provisional assessment under  letter no. 570 Dt. 16/09/2022 for the last 12 months from the date of detection amounting  Rs. 83,707/-(Rupees eighty three thousand seven hundred seven)only and the Complainant was asked to file objection within 7 days of receipt. No objection was filed accordingly vide letter no. 664 Dt. 09/11/2022 final assessment order was served.

The Complaint is not maintainable as the case is involved with section 127 of the Electricity Act 2003 and special procedure has been provided U/s 127 of the Act. The Commission has no jurisdiction in view of decision in U.P power Corporation Limited and others V. Anis Ahmed  case. The Complaint petition is to be dismissed.

3. Perused the documents filed by the Complainant and the Opposite Party and it reveals that the Opposite Party has done inspection on Dt. 15/09/2022 and on in the physical verification report it was clearly mentioned that the meter is defective on and it should be replaced with new one. The Opposite Party have not uttered a single word why the meter was not installed attached w.e.f. 15/09/2022 which amounts to deficiency in service on the part of the Opposite Party. Instead taking steps to a connect meter, the inspecting team alleged unauthorized are of power. It is nothing but harassment to a consumer.

The Complainant has been continuously absent after filing of the case, the case is decided on the basis of merit.

O R D E R

The Complaint is partly allowed against the Opposite Party. The Opposite Party is directed to issue fresh bills to the Complainant for the disputed period basing on the monthly consumption of power for six month earlier to inspection alongwith install a new meter in the premises of the Complainant with in one month of this Order.

The Opposite Party is directed to pay Rs. 5000/-(Rupees five thousand)only towards mental harassment and  Rs.2000/-(Rupees two thousand)only towards litigation expences to the Complainant within one month of this Order.

Failing which the entire order will carry 12% P.A. till realization.

Order pronounced in open court on this 26^th day of  June 2023.

            Supply free copies to the parties. 

                                                                                                      Typed to my dictation

                                                                                                      and corrected by me.                                                                                            

                 I  agree/-                                                                       

       ( Smt. Jigeesha Mishra)                                                                  (Smt. Anju Agarwal)

              Dt.26/06/2023                                                                                  Dt.26/06/2023

              P r e s i d e n t                                                                                 M e m b e r (w)