DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 135 of 2022.
Date of hearing : 29.05.2023.
Date of order : 06.06.2023.
Dated the 6th day of June 2023.
Sri Pitambar Das, S/o:- Late Sakar Das,
At/Po:-Amboroli, P.S:- Bhadrak (R), Dist:- Bhadrak.
………….. Complainant.
-:Versus:-
1. The Sub-Divisional Officer,
Electrical, Sub-Division-II, Bhadrak,
At/Po/PS/Dist:-Bhadrak.
2. The J.E. Electrical Section,
Bhadrak, At:- By-pass, Po/PS/Dist:- Bhadrak.
.…………Opposite parties.
P R E S E N T S
1. Sri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel for Complainant : Sri B.B. Biswal, Advocate & Associate.
Counsel for O.P.No.1 & 2 : Sri DebasisNayak, Advocate.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
Fact of the case of is that, the complainant being a consumer bearing No. 421414010592 under the O.Ps & the O.Ps are the supplier of Electricity TPNODL Company, Bhadrak. Complainant being a bonafide consumer & also paying regularly electricity bill to the employee of O.P. It is stated here that the complainant being a retired govt. employee & generally staying outside his native village. Therefore, the complainant gets a low monthly electricity bill. Many time the employee of the O.P. collecting the electricity bill amount from complainant’s wife, but did not provide the money receipts and assured her that the bill be adjusted from consumer account, therefore the complainant believed the staff of the O.P. that the amount will be paid & adjusted of complainant’s account. On enquiry complainant came to know that the electric bill in the month of July was Rs.23,726/- and came to know that the previous payment was not made since long. For the same complainant personally make payment of the electricity bill & obtain the payment receipt from them. Complainant consumer very low unit of electricity i.e. in the month of July 38 unit, August 66 units, September 58 units, October 22 unit, November 29 unit, but during that time complainant paid the electric bill & in the month of July Rs.500/-, August 500/-, September, Rs.500/-, October Rs.2,000/-, November Rs.2,000/-. Complainant knowing the electricity bill shown Rs.21,019/- which is very heavy amount, during this period many time complainant informed the O.Ps for revision of the electric bill amount, but the employee of the O.P. did not pay any heed and threatened on 24.12.2022 to disconnect the electricity supply to the house of the complainant in case of non payment of arrear dues. Cause of action arose on 24.12.2022, when the employee of the O.P. threatened to disconnect the electricity from the house of the complainant, which is within the territorial jurisdiction of the Hon’ble Commission. Complainant prayed to direction the O.P. not to disconnect the power supply to the house of the complainant.
O.Ps stated that, the averment made in the Para-1 of the complaint petition is correct and the Consumer No. BO-72805 & new A/c No. 4214-1401-592 stands recorded in the name of the complainant. The averments made in Para-2 of the petition is not correct and denied herewith. The consumer is not regularly paying the electricity dues. For the first time complainant alleges the non-supply of money receipts. The averment made in Para-3 of the petition is not correct. Till July 2022 the arrear upon the consumer was Rs.23,872/-. It is pertinent to mention here that a new meter was installed in the premises of the consumer on 20.02.2019. After bill revision Rs.10,372/- has been withdrawn from the bill of the consumer. The arrear against the consumer upto February 2023 is Rs.16,226/- & after revision of the bill the consumer has to pay Rs.5,854/- upto February 2023. It is also pertinent to mention here that, the premises of the consumer was inspected on dt.28.11.2022 & during inspection it was detected that, the consumer was dishonestly cut the incoming service were before the meter at the bend pipe extended to the bypass load through red colour 1.5 mm2 copper wire & abstracting 1.5. K.W. load. Hence, provisional assessment order was made on 08.12.2022 amounting to Rs.11,617/-& the final assessment order was made after giving opportunity to the consumer for hearing on the provisional assessment order on 07.01.2023 amounting to rs.11,617/-. Intimation was given to him for payment of the final assessment amount. Therefore, the case may be dismissed as not maintainable & devoid of any merit.
Having heard the Ld. Counsels for the parties and after carefully examining the case record and considering the rival contention of belligerent parties, this Commission finds it proper to frame the following issues to settle the consumer complaint:-
- Whether the complaint is a consumer?
- Whether the complaint has been filed in time?
- Whether the impugned bill of Rs.21,019/- is right and justified?
- Whether the OP has already revised the bill upto February 2023?
- Whether on inspection made on 28/11/2022 it was found that the complainant has by-passed the meter?
- Whether these OPs have committed unfair trade practice or deficiency in service?
- If so then to what relief the complainant is entitled to and from whom ?
The complainant is a consumer under these OPs having Consumer No.- 421414010592 and he challenges the Bill of July 2022. So, the complaint is filed within time. Thus Issue No.1 & 2 are answered in favour of the OP.
Looking at the actual consumption as per meter billing, the average consumption seems to be somewhere around 40 units per month. Looking at the payments of the complainant from July 2022 to November 2022, it does not look like the complainant is a defaulter. It is hard to believe that the complainant who is a retired government servant, a senior citizen and stays away from his native village, shall have the need to do meter bypassing. In absence of any evidence like electricity theft case lodging, absence of documents like SVR, Provisional Assessment & Final Assessment Orders, this commission disbelieves the Rs.11,617/- amount shown as Final Assessment Order. As these OPs have revised the bill upto February 2023 which is said to be Rs. 5854/-, there is no further need to revise the Bill. The Bills thereafter shall be charged as per actual consumption as per meter. Thus Issue No. 3,4,5,6 &7 are answered.
O R D E R.
In the result, complaint be and same is allowed the amount of Rs. 11,617/- shown by these OPs as Final Assessment order is waived, the complainant shall pay the revised Bill of Rs. 5854/- to clear his dues upto February 2023. The payments made by the complainant from July 2022 to November 2022 i.e. Rs.5,500/- must be adjusted against the outstanding dues. If not then these OPs must ensure that the said amount is adjusted in the Bills afterward February 2023. No order of cost to any parties.
This order is pronounced in the open Court on this the 6th day of June 2023 under my hand and seal of the Commission.
