DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 17th day of February, 2018
C.D Case No. 43 of 2015
Sri Gopal Chandra Behera
S/o Late Bairagi Behera
Vill: Okala Baralpokhari
Po: Baralapokhari
Via: Charampa
Ps: Bhadrak (T)
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The S.D.O Electrical, NESCO, Bhadrak
At: By-pass
Po/Ps: Bhadrak (T)
Dist: Bhadrak
2. The J.E Electrical, NESCO, Bhadrak
At: By-pass
Po/Ps: Bhadrak (T)
Dist: Bhadrak
3. The Executive Engineer, Electrical Bhadrak, NESCO, B.N.E.D
At: By-pass
Po/Ps: Bhadrak (T)
Dist: Bhadrak
…………………………..Opp. Parties
For the Complainant: Sri C. Sahoo ( In person)
For the O.Ps: M. Dey (Asst.Manager Legal)
Date of hearing: 09.10.2017
Date of order: 17.02.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against the complainant, that the complainant has become an electricity consumer and was allowed for connection of the power supply on 05.11.1993 by the O.Ps and has been allotted the consumer No- 3097 for domestic use. In the year 1999 the super cyclone was occurred. The power supply was disconnected due to the demolition of the dwelling house of the complainant. After completion of the dwelling house of the complainant on basis of the representation made by him to the O.Ps they reconnected the power supply to the dwelling house of the complainant, having received the required amount along with the fees and the reconnection fees on 27.02.2008. After request made by several times on behalf of the complainant the O.Ps, but they never installed the meter in his premises. They used to take money regularly from the complainant. In spite of that the O.Ps neither provided the meter nor supplied the bills to the complainant but the O.Ps did not pay any heed to the complainant.
In the year 2009 the O.Ps supplied the bill for the month of October- 2009. The O.Ps have assessed the bills along with the arrears of the entire past period or since the damage of the dwelling house that is October 1999 to January 2008. The complainant has also alleged that in the aforesaid interval of the use of the power connection the bill was assessed. The O.Ps has suddenly disconnected the electric connection of the dwelling house of the complainant on 28.03.2015. When the complainant requested the O.ps for connection, they replied that unless he paid the arrear no connection can be restored. The complainant has also alleged that as his parents are old, wife is a patient, so his family cannot exist without electricity. The complainant has admitted that if the O.Ps would have installed the meter and calculated the bills on basis of the meter reading, the complainant is agreed to pay the dues.
The cause of action arose on 28.03.2015 when the power connection was disconnected, to the meter No- BY3097DOM. Hence the complainant has sought for the reliefs as follows.
1. The direction may be given to restore the power connection to the premises of the house of the complainant to the meter No- BY3097DOM.
2. The O.Ps be directed to reconnect the electricity line to the house of the consumer vide No- BY3097DOM.
3. The O.Ps be directed to prepare the monthly bills regularly on average basis from dt. 27.02.2008.
4. The O.Ps be directed to wave out the arrears from the month of October 1999 up to January 2008.
5. The compensation which is amount to Rs 1,00,000/- be awarded to the complainant from the O.Ps.
Documents filed by the complainant.
1. Representation to the D.C.D.R.F, Bhadrak on 26.09.2016- 1 sheet.
2. Two numbers of AD- 1 sheet.
3. Xerox copy of money receipts Vide dt. 18.03.2008, 24.02.2010, 27.02.2008, 25.03.2010, 24.02.2014- 1 sheet.
4. Xerox copy of the representation made by the complainant to the Executive Engineer, Bhadrak- 1 sheet.
5. Xerox copy of damage certificate of the house of the complainant- 1 sheet.
6. Xerox copy of the BPL card- 1 sheet.
The O.Ps have filed their written version along with a petition for challenging the maintainability. The O.Ps have admitted the consumership of the complainant. It is also admitted by both the parties in their complaint as well as in the written version respectively that the complainant was availing the power supply without meter since 2008 to October, 2009. Since, 2008 to March, 2015, the petitioner was availing power supply without raising any objection & when power supply was disconnected due to non-payment of electricity bill amounting to Rs 59,229/- till March, 2015 has brought this matter the learned Forum on dt. 07.04.2015. In view of the above facts, it is important to mention here that Reg. 91 of the OERC Distribution Conditions of supply code in the event of any dispute in the billed amount, the consumer may lodge a complaint before the designated authority as determined by the licensee and pay the average of six months consumption or the billed amount whichever is less within due date pending settlement of the dispute. The licensee shall resolve the dispute or communicate its decision with reasons to the consumer. But in this case the consumer never filed any complaint before the OP. That, as per section 45 (5) of the Electricity Act, 2003 a special Forum is established i.e. Grievances Redressal Forum in short GRF for billing dispute. Under the said special Act for electricity the consumer has also not filed any complaint.
As it may the consumer also has not availed alternative remedy available in the Act, 2003 and code, 2004. As per Section 42 (5) of the Electricity Act, 2003 a Forum is established under the special Act i.e. known as Grievances Redressal Forum (GRF) for redressal of the dispute in connection with electricity. In this regard, the matter of Sri Biswanath Mukharjee Vs. W.B State Electricity Board, the National Commission in R.P No- 2991 of 2006 (2012 NCJ 285 (NC)) has clearly mention that, if an alternative remedy is available for a has no jurisdiction to entertain the complaint. In the same matter, the observation of Apex Court has been referred in Civil Appeal No- 14421 of 1996 (CESC Ltd. Vs. Sri N.M Banka & Others) in which the Court observed that, the correct course for a consumer with a dispute regarding the correctness of the electricity meter or of the billed electricity consumption would to apply to the designated authority under the special Act. In this case, the complainant has not adopt that course and instead choose to approach the District Forum. Hence, the complaint petition is not maintainable. The O.Ps have prayed for the dismissal of this case.
The O.Ps have filed the following documents in shape of Xerox copies.
- Statement of accounts Vide consumer No- BC-3097, A/c No- (New)- 421-0528-0188, DOM- 5 sheets.
- Order of the first appeal No- 61/2017 of State Consumer Disputes Redressal Commission, Odisha, Cuttack- 3 sheets.
- Bill new A/c No- 421105280188 on dt. 21.09.2017- 1 sheet.
OBSERVATIONS
We have already perused the complaint and the documents as well as the written version and the documents filed by both the parties. The present case was posted to for 26.09.2016 on which date the CD Case was dismissed. The complainant preferred an appeal before the State Consumer Disputes Redressal Commission, Odisha, Cuttack Vide first appeal No- 61 of 2017 & Miss Case No- 89 of 2017. The impugned order of the Dist. For a, Bhadrak in CD Case No- 43 of 2015 has been set-a-side, and the said CD Case has been remitted back to the Dist. Fora of Bhadrak for fresh disposal in accordance with law. During the course of hearing both parties were agreed and came into a decision compromising the said CD Case that the complainant shall pay Rs 10,000/- to the O.Ps as arrear in two equal parts. The O.Ps were agreed to restore the power supply to the premises of the complainant on receipt of Rs 5,000/- as arrear along with the reconnection fees, and after restoration of the power supply the complainant would pay the rest Rs 5,000/- immediately to the O.Ps. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on compromise basis and both the parties are directed to carry out this order within 30 days, on receipt of this order from the date of obtaining the copy of the same due to the compliance of order as above by both the parties.
This order is pronounced in the open Forum on this day of 17th February, 2018 under my hand and seal of the Forum.
