Date of filing:- 30/05/2023.
Date of Order:-16/07/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 65 of 2023.
- Akash Padhan, aged about 44 (forty four) years, Son of Late Bihari Padhan, and
- Dharani Dadhei, aged about 39 (thirty nine) years, Son of Bihari Badhei,
Both Resident of Barpali (Near Shyama Chhocck), Po. Barpali, Ps/Tahasil. Barpali, Dist. Bargarh (Odisha). ..... .... ..... Complainants.
-: V e r s u s :-
The S.E.O., Electrical, Barpali, At/Po. Barpali, Dist. Bargarh, Odisha, Pin-768029 ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainants :- In person.
For the Opposite Party :- Sri P.K.Acharya, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.16/07/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Grandfather of the Complainant No.1(one) is the consumer of the Opposite Party and availing Electrical Services from the Opposite Party bearing Consumer No. 5151-0101-0252 for his residential house. The Complainant's father Bihari Padhan also died on 17-06-2021 and after the death of Complainant's father the Complainant No.1(one) along with Complainant No.2(two) were availing the electric connection. On Dt.26-08-2021 the Complainant No.1(one) has given a petition to make correction of the holder of consumer connection as Gananath Padhan has already died. The Complainant was paying electric dues regularly, suddenly the old meter became defunct and a new meter bearing No. LW617306 was installed by the technical person of Opposite Party. The Complainant got notice dated 01-02-2023 from the Opposite Party where the Complainant came to know that an inspection of unauthorized use of electricity was conducted on Dt.01-01-2023 within premises and a fine of ₹ 1,59,096/-(Rupees one lakh fifty nine thousand ninety six)only has been calculated for the period of Ist February 2022 to Ist February-2023 for the using of additional units of 10368 without his presence or the presence of any family members and a red paper was found fallen within the premises. The Complainant No.2(two) has been shown the said red colour paper so called physical verification report. For the said notice Dt. 01-02-2023 the Complainant No.2(two) has duly filed the show-cause on Dt. 09-02-2023 to the Opposite Party. On Dt. 21-04-2023 the Opposite Party came to the house of the Complainants and told for the settlement and the said fined amount has been rounded of to ₹ 67,344/-(Rupees sixty seven thousand three hundred forty four)only, it is pertinent to mention here that the said demanded amount has not been added in actual consumption bill as evident from the bill dated 06-02-2023. The Opposite Party is threatening to disconnect the electric connection. For the deficiency in service committed by the Opposite Party the Complainant filed complaint before this Commission praying that the Opposite Party be directed to not to add ₹ 1,59,096/-(Rupees one lakh fifty nine thousand ninety six)only has been calculated for the period of Ist February-2022 to Ist February-2023 and name of the Complainant No.1(one) be substituted as a Consumer in instead of deceased Gananath Padhan and ₹ 50,000/-(Rupees fifty thousand)only towards mental agony and pain and ₹10,000/-(Rupees ten thousand)only towards litigation expenses.
2) The case of the Opposite Party is that the Opposite Party has filed its version and admitted that the Consumer No. 5151-0101-0252 under general purpose category is supplied to consumer's premises it Shyama Chowk, Barpali with connected load of 4KW. The Opposite Party has denied that, the Complainant No.1(one) nor his father late Bihari Padhan have ever consulted the Opposite Party for transfer to supply in their names. The Complainant No.1(one) has ever applied to the Opposite Party for transfer of the power supply to his name after the death of his father then also it was not in compliance of the provision under Regulation-40 of the OERC Distribution (Condition and Supply) Regulation-2019. The Complainants have been found indulged with meter tempering in violation of terms and conditions of power supply provided under the Electricity Act-2003 and the meter tempering has been detected by the vigilance squad of the Opposite Party during inspection of the Complainant's premises on Dt. 01-02-2023. The PVR Dt. 01-02-2023 was conducted in the presence of Complainant No.2(two). A notice vide Lt. No.733601022302 dated 01-02-2023 was served to the Complainant for filing objection of provisionally assessed bill of ₹ 1,59,096/-(Rupees one lakh fifty nine thousand ninety six)only giving 7(seven) days time to file objection as directed under law. After receiving the provisional assessment order the Complainant approached the Assessing Officer/Opposite Party for reconsideration and whereby the final assessment is made for ₹ 84,180/-(Rupees eighty four thousand one hundred eighty)only but the Complainant avoided to pay the same. The further submitted that the matter involves unauthorized consumption of electricity and assessment proceedings under 126 of the Electricity Act-2003, has initiated in this regard and “any person aggrieved by the final order made by the assessing order under Section 126 of the said Act may within 30(thirty) days of the said order, prefer or appeal to an appellant authority after paying half of the assessment value”. The Complainant has filed this case in violation of Sect-127 of the Electricity Act-2003, there lies no deficiency in service on the part of the Opposite Party, the case to be dismissed against the Opposite Party.
3) Perused the documents filed by the Parties and it reveals that the Complainants are the legal heirs in the Electric Consumer No. 5151-0101-0252. The Complainant No.1(one) has submitted that on Dt.26-08-2021 a petition was given to the Opposite Party to make correction of the consumer connection but no documentary evidence has been filed. The Opposite Party has filed a verification report duly signed by Complainant No.2(two) where the said report reveals that the meter was tempered. As such the Opposite Party has issued show cause notice to the Complainant U/s 126 read with Section 135 of the Electricity Act 2003 for unauthorized use of electricity.
4) In the case of Uttar Pradesh Power Corporation Ltd and others Vrs Anis Ahmed, Civil Appeal No. 5466 of 2012 (arising out of SLP(C) No. 35906 of 2011 reported in (2013) 8 SCC 491 where the Hon'ble Apex Court held that a “Complaint” against the assessment made by the Assessing Officer U/s 126 or against the offence committed U/s 135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer fora. According, in view of the judgment of the Hon'ble Supreme Court as well as observation made the complaint case is not maintainable before this Commission.
The Complainants are at liberty to file before appropriate Court of law.
O R D E R
5) The case is dismissed against Opposite Party without any cost.
6) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.16/07/2024 and the case is dismissed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
