DATE OF DISPOSAL: 29.10.2024.

EXTRACT COPY OF ORDER DTD. 29.10.2024

The case is put up today for passing of order. The Commission already heard on the point of admissibility and maintainability. The Commission perused the record today. The complainant sought following reliefs for unfair trade practice of the O.Ps.

            1. To issue direction to the Opposite Parties to change the defective meter and regularize the same and supply electricity bill in every month. 

            2. To quash the unauthorized levied amount of Rs.39,481/- provisional order and bill issued against complainant which be does not consumed.

            3.For payment of Rs.5000/- for compensation of harassment and mental agony.

            4. For payment of Rs.20,000/- for costs of litigation i.e. advocate fees, type, affidavit, Xerox and other ancillary expenses and

            5. Pass order/orders as deem fit as the Hon’ble Commission may please.

Further the complainant filed interim application U/s 38(8) of the Act, 2019 restraint the O.Ps not to disconnect the power supply of the premises of the complainant bearing Consumer No.2111-01220-0089. The complainant initiated the case on the basis of the notice of the O.Ps.

            It is apparent from the case record that the O.P.No.2 has issued a notice U/s 126, Section 135 of the Electricity Act, 2003 read with Reg. 163 of the OERC Distribution (Conditions of supply) Code, 2019 bearing Notice No. VIG/Ganjam North/3820 dated 12.09.2024 for meter tampering and provisionally assessed a sum of Rs.39,481/- on total connected  load 4.813KW where as the theft of electricity and meter tampered was reflected in provisional Assessment Bill issued by the O.P.No.2. As per notice dated 12.09.2024 the complainant appeared before the O.P.No.2 on the scheduled dated 26.09.2024 at 10.30A.M. After oral hearing, the O.P.No.2 demanded to pay the levied amount otherwise the power supply will be disconnected. From this submission it was clear that the complainant has not filed any written objection before the O.P.No.2 on 28.09.2024 instead submitted orally.

            It is manifest from the complaint and document available in the case record that, the complainant is a consumer in  reference to the Section 2(42) of the C.P.Act, 2019 read with Section 2(15) of the Electricity Act, 2003 and Reg. 2(19) of OERC(Conditions of supply) code 2019. The complainant further levelled charges practicing of unfair trade practice by the O.Ps. The unfair trade practice has been defined under 2(47) of the Act, 2019 whereas it was not defined in Elect. Act, 2003 and OERC code 2019. The complainant also not filed any supporting documents regarding Unfair Trade Practice of O.Ps. So the complainant failed to substantiate that how the O.P.No.2 adopts unfair method in regards to service or deceptive practice in providing services as per notice dated 12.09.2024 and inspection dated 5.9.2024. In support of the complaint, the complainant filed a citation reported in 2024(1) OLR-1032 date of judgment 28.03.2024 of the Hon’ble High Court of Odisha, Cuttack. On perusing the said judgment it is very distinguishable to the present case and it is not applicable in the instant case. The law is well settled in W.P.(C) No.:9533/2024 in between The Executive Engineer (Electrical), Vigilance and Enforcement Cell, City Circle (TPSODL), Berhampur versus Prakash Chandra Mahapatra and Another their Lordship observed at Para 10 that, “Upon examining the aforementioned judgment, it is evident that the 2003 Act forms a complete and self-contained legal system, meaning that for matters relates to the assessment of electricity disputes, the Consumer Forum should have referred the respondent to the designated authority under the Electricity Act, 2003 and the associated regulations, either directly or through integrations”. Relying upon the decision of law in W.P.(C) No. 9533/2024, the Commission dismissed the complaint as without  jurisdiction to admit the complaint.

However, the complainant is at liberty to file his objection before the appropriate authority of the opposite parties for redressal of his grievance and he may avail the benefits under Section 14 of the Limitation Act 1963 in the best interest of justice.

The Interim Application, if any pending, disposed of in accordance to this order.

An urgent copy forwarded to the complainant for necessary action.