Orissa

Cuttak

CC/219/2021

Manas Ranjan Nayak - Complainant(s)

Versus

TPCODL - Opp.Party(s)

self

23 Sep 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                   C.C.No.219/2021

Sri Manas Ranjan Nayak,

S/O:Madhabananda Nayak,

At:Ukamg.PO:Daipur,P.S:Rajkanika,

Dist:Kendrapara.

 

Present Address:

At:O/O:CDM & PHIO,

Zilla Swasthya Bhawan,

Old Secretariate,P.S:Buxibazar,

Dist:Cuttack,Odisha-753001,                                                                 ... Complainant.

 

                                                Vrs.

1.        The Central Odisha Distributiion Ltd.(TPCODL)

2^nd Floor,IDCO Tower,

Janpath,Bhubaneswar-751022.

 

2.        Electric Office(Kendrapara),

Near Urban Bank,Kendrapara,

Odisha-754211/TPCODL.

 

3.       Electric Office(Aul)Gangadharpur,Aul,Kendrapara,

Odisha,54220 TPCODL.

 

4.       Electric Office,(Olaver),Kendrapara,

Odisha/ TPCODL.                                                                              ... Opp. Parties.

                       

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    22.12.2021

Date of Order:  23.09.2022

 

For the complainant:          Self.

For the O.Ps               :         Mr. D.D.Mohanty,Adv. & Associates.

 

Sri Debasish Nayak,President                                                       

            Case of the complainants as made out from the complaint petition in short is that the O.Ps had not provided him the updated electrical energy bill since May,2021 in respect of his Consumer account No.01539360 & Customer ID 501S01539360.  The complainant had given written complaint in this aspect to the O.Ps.  In the month of April,2021 he had received electrical energy bill from the O.Ps on 28.4.21 for 150 chargeable units and for a charge of Rs.666/-.  The said amount was paid by the complainant on 30.4.21.  Thereafter, no meter reading was taken by the O.Ps for the months of May & June,2021.  When the matter was enquired into by the complainant and as per the instructions he had paid a sum of Rs.228/- to the O.Ps on 30.6.21.  On 24^th of July, a bill was provided by the O.Ps to the complainant showing chargeable units to be of 580 units and an amount of Rs.3345/- was due from him within the due date.  The meter reading then was reflected to be 10594 units.  According to the complainant, the said meter reading has done on 24.7.21 which was correct but the previous meter reading showing it to be 10014 as on 29.6.21 was incorrect since because no physical meter reading was taken on 29.6.21.  The last meter reading was taken from the complainant’s meter on 28.4.21 which was of 9962 units.  Thus, according to the complainant, the units charged should have been for the months of May,June & July, which would be 2021:10594-9962 which is equal to 632 units.  It is for this, the complainant alleges that the amount had exceeded for about Rs.600/-.  When the complainant met the O.Ps, they had not listened to him, rather, had said that the bill as charged was correct.   The complainant had thus become a defaulter since May,2021 and for this inaccurate bill, the complainant has filed the case before this Commission seeking direction from this Commission to the O.Ps in order to produce the corrected bill with effect from May,2021, to pay compensation of Rs.20,000/- to him towards deficiency in service, mental agony and harassment as caused and to bear his litigation expenses also to the tune of Rs.10,000/-.

            In order to prove his case, the complainant has filed copies of his energy bills etc.

2.         On the other hand, all the O.Ps have contested this case and have filed their joint written version wherein they have pleaded that the case of the complainant being not maintainable is liable to be dismissed with cost as there is no cause of action for the complainant to file this case.  The O.Ps alleged that in order to evade payment of the electrical energy bills on the pretext of incorrect meter readings for the months of May,June & July,2021, the complainant by abusing the process of law is pressurising the O.Ps.  The O.Ps admit that the complainant is a consumer of electrical energy and was being provided up-dated electrical energy bill upto May,21.  At no point of time any incorrect bill was given to the complainant.  According to them, due to certain unavoidable circumstances, the meter reading could not be taken in the month of May,21 for which the bill was processed as per “No Read Basis’.  But in the month of June,21 the final meter reading was taken on ‘OK’ meter basis and the bill was processed in the month of May,21 and June,21 taking the consumption 10014-9962= 652 units in total, which is amounting to Rs.228/-.  The complainant/consumer had paid the said amount and subsequently the said amount was also deducted from the bill of the consumer.  In the month of July,21 the final meter reading as taken on ‘OK’ basis was 10594 units which was confirmed and agreed by the complainant.  Thus, the bill was processed as per the actual consumption made by the complainant which is 10594-10014 which is equal to 580 units and thus, the amount due from the complainant is Rs.3402/- which is correct and the said amount is to be paid by the complainant for the month of July,21.  Thus, they have prayed to dismiss the complaint petition of the complainant with cost.

            The O.Ps alongwith their written version have filed copies of the energy bills pertaining to the consumer complaint in order to justify their case.

3.         Keeping in mind the averments as made in the complaint petition and that in the written version, this Commission thinks it proper to settle the following issues in order to arrive at a definite conclusion here in this case.

i.          Whether the case of the complainant is maintainable?

            ii.         Whether there was deficiency in service on the part of the O.Ps?

            iii.        Whether the complainant is entitled to the reliefs as claimed?

Issues no.i & ii.

            Issues no.i & ii being the pertinent issues are taken up together first for consideration here in this case.

            It is admitted by both the parties to this case that the complainant is a consumer of electricity and was consuming electrical energy by obtaining the same and was thereby paying the tariff/rent regularly.  It is also admitted by the parties to this case that there was no issue raised upto the Month of April,21.  The dispute arose in the month of May,21 when the meter reading could not be taken by the O.Ps from the meter of the complainant.  Without taking the actual meter reading the O.Ps had levied an average charge of Rs.228/- which was also duly paid by the complainant in due time.  The O.Ps had subsequently taken the meter reading in the month of July,21 and had submitted the bill thereof claiming an amount of Rs.3345/- within the due date or an amount of Rs.3403/- after the due date.  Since because the complainant had disputed the said amount, he became a defaulter in paying the energy dues to the O.Ps.  To counteract, it is the contention of the O.Ps that due to unavoidable reasons, the meter reading could not be taken in the month of May,21 and the bill was processed on ‘NR” (Not Read basis) they have urged through their written version that the meter reading of the complainant was taken in the month of June,21 on ‘OK’ basis.  While perusing the case record and the available documents therein, it is noticed that no such meter reading as alleged to have been taken by the O.Ps in the month of June,21 is available for perusal.  Per contra, as per Annexure-1B as filed by the complainant alongwith his complaint petition, which is the xerox copy of the bill, it reflects the disputed amount of Rs.3402/- after due date or  the amount of Rs.3345/- within due date and it was upto the month of July,21.  Thus, the contention of the complainant that after April,21 no such meter reading was taken by the O.Ps and ultimately it was taken in the month of July,21 is found to be correct.  The final meter reading as on 24.7.21 is admitted by the complainant to be 10594.  The contention of the O.Ps is that when the complainant admits the final meter reading, the tariff/rent as calculated is genuine.  But while applying judicial mind and minutely scrutinizing the documents as available keeping the tariff slabs of the O.Ps in mind, this Commission comes to a conclusion that if month by month the meter reading is being taken and the bill is raised then, the bill that which was provided to the complainant in the month of July,21 would have been of a much less quantity since because where the units are clubbed up together, the tariff jumps to the higher slab from the lower one thereby putting the complainant at peril to bear an amount as per the higher tariff slab due to clubbing of the meter reading units for 2/3 months; which could not have been occurred if the bill would have been submitted on each month to the consumer/complainant.  Thus, it can be concluded here safely that infact there was deficiency in service which the O.Ps had tried to camouflage but the silhouette of truth is well visible.  Accordingly the bill showing excess amount is challenged by the complainant and when there was inaction from the side of O.Ps, the complainant had filed this case which is definitely maintainable and accordingly, these two issues are answered in favour of the complainant.

Issue no.iii.

            The complainant is ofcourse entitled to a reasonable extent of relief.  Hence it is so ordered;

                                                            ORDER

            The case is decreed on contest against the O.Ps who are found to be jointly and severally liable here in this case.  The O.Ps are thus directed to pay compensation to the tune of Rs.3000/- to the complainant alongwith interest thereon @ 9% per annum with effect from 24.7.21 till the final amount is quantified.  The O.Ps are further directed to pay a sum of Rs.5000/- towards the litigation expenses as incurred by the complainant unnecessarily.  The O.Ps are also instructed to rectify the bills by calculating those on month wise basis instead of clubbing those together with 3 months at a stretch and the rectified bill be submitted to the complainant within a month hence so as to enable the complainant to clear the arrear dues accordingly.

Order pronounced in the open court on the 23^rd day of September,2022 under the seal and signature of this Commission.

                                                                                                                                   

                                                                                                                              Sri Debasish Nayak

                                                                                                                                        President

                                                                                                                       

                                                                                                                            

                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                               Member.