PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 59/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Seikh Abdul Kalam, aged about 38 years,

S/O-Sk. Abdul Samad,

R/O-At-Sonapali, PO-Dhankauda

Ps-Dhanupali, Dist-Sambalpur-768006, Odisha.               ……….......Complainant.

Vrs.

The Sub-Divisional Officer, TPWODL,

Bhutapara, Sambalpur-768001                                       ..…....……….Opp. Party

Counsels:-

1. For the Complainant         :- S.K.Abdul Salam
2. For the O.P.s                       :- Samapika Mohanty, representative & others

Date of Filing:17.02.2024,  Date of Hearing :02.07.2024,  Date of Judgement :06.08.2024

Presented byDr. Ramakanta Satapathy, PRESIDENT

1. The Complainant is having Consumer No. 416132080780 and applied for conversion of domestic Connection to Commercial Connection vide M.R. NO. 1361082 dated 23.02.2022. The O.P. not converted the category and on 14.12.2023 made a physical verification report and issued a letter to explain the consumption of 7225 unit electricity amounting to Rs. 71,367/-. Without basis the demand has been made and the Complainant filed the complaint alleging deficiency in service against the O.P.
2. The O.P. in reply submitted that this is an assessment u/s 126 of the Electricity Act, 2003. Consumer NO. 4161-3208-0780 has been allotted to Md. Sarfaraz at Motijharan, Sambalpur with permitted load of 2KW/Domestic Category. Supply was extended since 25.02.2020 with meter No.WLT-183901. Assessment proceeding u/s 126 of the Electricity Act, 2003 is not maintainable before this Commission. Due procedure of assessment has been followed by the O.P.

The Complainant applied for change of category. In form No.1 under OERC Distribution(condition of Supply) Code, 2019 it has not been applied and not adduced any evidence to support his claim. The money receipt showing additional Security deposit is not ipso facto proof of application of change of category of consumer. The Complainant is liable to pay the differential tariff from Feb. 2022 till date and penalty thereon in view of admission.

On 14.12.2023 periodical inspection was, made and found unauthorised connected load of 7.034 KW against the sanctioned load 2 KW. PVR was refused to sign by the Complainant. Provisional Assessment of Rs. 71,367/- on 16.12.2023 made. An opportunity was given to Complainant to explain his case and it is still pending before the Assessing officer. There is no deficiency on the part of the O.P. and the complaint is liable to dismissed.

3. The Complainant has filed the following documents:

1. Money receipt No. 1361082 dated 23.2.2022 for Rs. 8305/-
2. PVR Dated 14.12.2023.
3. Provisional Assessment dated 16.12.2023.

The O.P. filed

1. Provisional assessment dated 16.12.2023.
2. PVR dated 14.12.2023.

4. The Complainant filed the complaint relating to Consumer No. 4161-3208-0780. The O.P. submitted that the connection is the name Mohammad Sarfaraz of Motijharan, Sambalpur. The Complainant not explained the relationship with Md. Sarfaraz. In other hand the O.P. has issued the M.R.No. 1361082 dated 23.02.2022 against Consumer No. 4161-3208-0780, in PVR consumer name has been reflected as Sk. Abdul Kalam, and provisional assessment made in the name of the Complainant. It is clear that the Complainant is the occupant of the premises and accordingly receipt, PVR and provisional assessment has been made against him.
5. The O.P. has also not challenged the locus-standi of the Complainant. As per Regulation 42 of the OERC  Regulation, 2019 the Consumer shall apply to the Licensee/Supplier before changing the purpose of supply in the relevant format in accordance with Regulation 21. In the instant case the O.P. received Rs. 8305/- from Complainant and shown “ASD” in the money receipt. The O.P. simply submitted that in Form-1 application has not been made. Before receipt of payment it was the duty of O.P.:

1. To issue a notice to apply in form I or 2.
2. Processing as per regulation 21
3. Inspection to note down meter reading.
4. Validity/invalidity to be sent to the Consumer within 30 days for effective change of category.
5. In case invalidity if shall be informed to the Complainant in writing, giving reasons for the same within 10 days from date of inspection.

In the instant case the O.P. failed to submit any documents about the information given to Complainant although amount was received on 23.02.2022. The O.P. not followed due procedure of change of category and in the other hand made PVR and provisional assessment which is against the procedure of law and OERC Regulation, 2019.

This Commission has no jurisdiction in an actual case u/s 126 of the Electricity Act, 2003. In Case forcibly initiated this Commission can interfere.

Taking into consideration the circumstances of the complaint following order is passed:

ORDER

The complaint is allowed on contest against the O.P. The O.P. is directed to provide from 1 or 2 to the Complainant, take steps for change of category to commercial category, claim the amount from Complainant based on actual meter reading deducting the payment made. The provisional assessment made is without application of mind and accordingly set-aside.     No cost and compensation.

           Order pronounced in open court on 6^th day of August, 2024.

Supply free copies to the parties.