ORDER BY HON’BLE MEMBER- MRS. M. SWAIN
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to rectify the bill dtd.18.11.2020 by deducting Rs.33,318/- and not to disconnect the power supply of the complainant and convert the GPS load 5 KW to 1 KW domestic line and pay Rs.25,000/- towards cot and compensation and litigation expenses”.
The brief fact of the case is that the complainant is a resident of village Baladia which comes under jurisdiction of this Commission. The father of the complainant namely Pravakar Patra is the original consumer and having consumer No-04021073 under TPCODL and died leaving behind only daughter Smt. Mirarani Jena who succeeded properties of her deceased father and became owner in possession of the house property left by her father. In the month of March 2017 the complainant want to install a wheat grinding machine in the said house and made an application for 5 KW separate line to the premises and accordingly deposited the required amount before the opposite parties. Instead of separate line the ops converted the existing 1 KW to 5 KW.
Due to transfer of complainant’s husband to another place, the complainant decided not to install the wheat grinding machine and made an application to the opposite parties to convert the 5k.v line to 1k.v line as before instead of converting the domestic line the opposite parties stopped supplying the electricity bill to the complainant from April 2017 to July 2018. In the month of August 2018 opposite parties supplied bill for an arrear of Rs.63,159/- and the current bill of Rs.5539/- in GPS category without considering the grievance of the complainant . The opposite parties installed a new meter with seal in the premises of complainant in which the actual consumption of the electricity was within 100 units. The opposite parties supplied bill to the complainant and accordingly the complainant paid the electricity bill regularly. On 18.11.2020 opposite parties supplied a bill in which Rs.33,318/- as arrear with a disconnection notice, hence this complaint.
The complainant submitted following document in favour of her case;
- Electric bill for the month of 22.10.2019 and 16.11.2019 in which actual consumption within 100 units
- Electric bill for the month of 18.11.2020
- New meter installation report
Notice was issued to opposite parties on 07.01.2021 and the opposite parties never respond and was set ex-parte vide order No.14. on 06.6.2022 as the notice was sent in the correct address with postage prepaid for which notice was deemed to have been sufficient on the opposite parties as the opposite parties preferred not to appear they were set ex-parte and the commission proceeded to dispose of the case.
The simple grievance of the complainant is that without any physical verification of her premises whether the wheat grinding machine operated or not and without considering her grievance that she was not interested to operate the business low down her load factor to 1 KW arrear has been issued. The opposite parties have not appeared and not stated anything. The meter of the complainant is running, which goes to show that the meter is OK. Since the meter is OK and good condition and the complainant is paying the bills as per meter reading not decreasing the load factor and imposing arrear is illegal, arbitrary, whimsical and negligence of opposite parties which create deficiency of service on the part of the opposite parties for which we quash the notice/enhanced bill imposing arrear of Rs.33,318/- and direct the opposite parties not to disconnect the electric line to the complainant and issue correct bill in favour of the complainant. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.
Pronounced in the open Commission on this 2nd Feb. ,2023.
