For the Complainant: In Person
For theOPs :Sri N.R.Mishra, Advocate, Bhawanipatna
JUDGEMENT
The facts of the complaint in brief is thatthe mother of complainant late Sailabala Muanda was a rightful consumer of the Opp.Party vide Consumer No.D1A7/4/1/6(Old),914112010117(New) since 17th March,1989 .The meter for electric consumption has been found defunct since July,1997 for which a complaint has been filed vide SIN o.131 dt.03.07.1997 but no action has been taken and another applications has also duly submitted due to huge discrepancy in the electric bill. For such negligence his mother late Sailabala Mund approached the GRF WESCO,Bolangir on 01.08.2009 but no satisfactory result.
As per OERC Distribution(Conditions of Supply) Code 2004, the licensee shall intimate in writing the date of disconnection and obtain acknowledgement of the consumer or his authorized representatives but in this case the rule has not been taken care ;and the power supply has been disconnected on 23.03.2017 and as per OERC Rules 2011 it is the duty of Engineer or his authorized agent to ensure that the bills are dispatched within 10 days from the end of billing cycle and records of such dispatched are duly maintained and the licensee shall send the bills to the consumer either by post, by courier or through the messenger well before the due date to avoid any inconvenience to the consumer. The licensee shall not be eligible to recover any sum due from any consumer after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity. The licensee shall not cut off the supply of electricity as per the provision laid down under Section 56(2) of the Act. The Opposite Parties be held guilty on account of adopting unfair trade practice as well as service of the Ops is deficient in the matter of disconnection of the electricity to the premises of the complainant.The complainant prayed for interim measure to restore the electricity connection till disposal of the present case.Hence, this complaint.
Being noticed the Ops appeared through their advocate Sri N.R.Mishra, Advocate and filed written version denying the petition allegation son all its material particulars. It is submitted by the OPs that the mother of the complainant was the consumer of the OP and during her life time she had not paid the electrical dues for which the Opp.Party had reputedly asked her to pay outstanding amount but she did not pay the bill amount avoided to pay for which the OP intimated her to disconnect the electrical connection to her premises and then she paid some amount to avoid the disconnection and subsequently prayed for some time to pay the whole outstanding amount but she did not pay. After her death the complainant and his father are enjoying the electric but they have also not paid the bill amount and the outstanding amount was due against in the name of the mother of the complainant. The Opp.Partieshas given bills to the complainant to pay the bill amount but the complainant kept silent and did not pay the bill amount and in different time she paid some amount to avoid the disconnection. On dt.02.03.2017 the Opp.Partyissuednotice to the complainant vide letter No.153 and given 15 days time to regularize the bill amount but the complainant kept silent and subsequently the OP has disconnected the electric connection to his premises on 23.03.2017as per the rule 18 of the OERC. The relief prayed by the complainant is not at all maintainable in the eye of law as the complainant himself violated the law and procedure . Hence, prayed to dismiss the petition filed by the complainant and direct the complainant to pay the outstanding amount .
F I N D I NG
On perusal of the complaint petition it is seen that the mother of the complainant has availed power connection bearing Consumer No.DIA 7/4/1/5 and Old Meter No.914112010117 but due to defunct of the meter since1997and even after many representation by the complainant the same was not rectified for which he even approached the GRF, WESCO Bolangir on 1.08.2009but till the same remain unresolved. Meanwhile the OP had demanded a huge amount as outstanding gand for non payment of the demanded bill amount disconnected the power supply to the residence of the mother of the complainant. The complainant prayed for an immediate supply and compensation of Rs.50,000/-and to revise the bill and at allow the complainant to pay the outstanding bill on installment basis. The complainant also filed a petition U/s 13(3-B)for an interim order to restore the power supply along with the original complaint.
The copies of the interim petition and C.C. complaint petition were served on the Opposite Party and the Ops appeared through their advocate Sri N.Mishra. On 20.04.2017in presence of both parties heard on interim petition. The OP relied on outstanding bill for the year 2002 to 2017 amounting to Rs.1.,005,17/- copies of FIR and copies of notice dt.2.3.17 and opposed filing of interim petition. After hearing both the party this forum allow the petition filed under Section 13(3-B) of C.P.Act and directed the complainant to deposit 30%against the above outstanding amount and and directed the Opposite Party to restore electricity connection. The complainant was further directed to pay current monthly charges. The interim order was valid till disposal of the case wherein the actual outstanding due to be decided.
The Opposite Party filed written version on 17.08.2017 denying the claim of the complainant alleging that the complainant is raising false complaint and not allow the staff of the Opp.Party to take reading and also to install the meter. During pendency of the case to ascertain the correct reading of consumption the complainant was asked to install a new meter according to which the actual consumption can be ascertained . The Forum directed the complainant to deposit the cost of the meter which was complied by the complainant.But according to the OP the complainant did not allow the staff to install the meter on various plea as against electricity rule and regulation for which the Opposite Party filed letter dt.20.01.18 to this forum regarding obstruction of the complainant to install the same as per OERC regulation 56(3). We also perused the record and found that the case is lingering for the delaying technique of the complainant.
Due to non fitting of the new meter the exact consumption as claimed by the complainant can not be determined. Henceno fresh order regarding outstanding dues can be passed and hence the relief sought for by the complainant cannot be allowed.
The OP is at liberty to take action as per Electricity Act 2003 and OERC regulation and collect the outstanding dues according to the law and regulation after deducting the amount paid by the complainant.
In view of the above discussion and finding the petition is rejected. No cost. The interim order dt.20.4.2017is hereby stand vacated.
Pronounced in open forum today on this 6th day of April,2018 under the seal and signature of this forum.
