PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 222 /2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Simanchal Patra, aged about 38 years,

S/O- Late PadmanabhaPatra,

R/O- LaxmipujaChowk, Shastri Nagar, Burla

Po/PS-Burla, Dist- Sambalpur, Odisha Pin- 768017.      ...………..Complainant

                                      Versus

TPWODL, being represented by the Sub-Divisional Office,

Electrical Sub-Division-II, TPWODL, At/PO/Ps-Burla,

Dist-Sambalpur-768017.                                                          …………...Opp.Party

Counsels:-

1. For the Complainant        :- Sri. Rajesh Kumar, Adv.
2. For the O.P.                       :-Parika Gupta & Samapika Mohanty, representatives

Date of Filing:04.12.2023,  Date of Hearing :16.07.2024,  Date of Judgement :02.09.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant being a consumer of O.P. having consumer No. 4113-3302-0320 filed the complaint alleging deficiency in service and unfair trade practice. The Complainant is a regular customer of the O.P. On 03.10.2023 inspected the premises of Complainant and handed over a slip to the staff imposing Rs. 2,70,240/- an additional unit of 27,587 electricity. Complainant got the notice vide letter No. 570 dated 10.10.2023 which reflects additional unit and tampering the meter. The 7 numbers of freezer are storing ice-cream, cheese etc. during summer and 4 to5 freezers are used for alternative to cut down power consumption. The action of the O.Ps are unfair. Being aggrieved complaint has been filed.
2. The O.P. submitted that the Complainant is having permitted load of 3 Kw under LT/General Purpose >110KVA category with meter serial No. WLT239226 connection has been extended since 02.11.2005. On 03.10.2023 the inspection team detected unauthorized connection load of 10.643Kw by Complainant tampering the energy meter using register in CT circuit to reduce actual meter consumption. Physical verification Report was prepared and provisional assessment letter was issued vide letter No. 570 dated 10.10.2023 u/s 126(2) of the Electricity Act, 2003 and opportunity was given for personal hearing.

On 20.01.2022 in earlier occasion also theft of electricity was detected and unauthorized use provisional assessment order for Rs. 50,801/- was issued. Complainant admitted the guilt agreed and paid Rs. 40,000/- to-wards assessment.

The assessment for unauthorized use is not coming within the preview of this hon’ble Commission and the Complaint is liable to be dismissed.

3. Perused the documents filed by the Complainant and O.P. The Complainant has filed bills for the months of 08/2022 to 10/2023 and 07/2024 along with physical verification report dated 31.05.2024.

The O.P. filed the following documents:

1. P.V.R. dated 03.10.2023.
2. Provisional assessment dated 10.10.2023.
3. Provisional assessment dated 24.01.2022.

4. After perusal of the pleadings of both the parties and documents it is clear that the Complainant was found using unauthorizedly power and provisional assessment order No. 37 dated 24.01.2022 was issued by the O.P. Again the same practice continued for which assessment order dated 10.10.2023 was issued. The Complainant is a habitual unauthorized user of electricity.

The Complainant admitted that 7 number of big size freezers have been installed in the premises for storing ice-cream, cheese etc. for the summer season. The Complainant run the freezers alternatively for less power consumption plea is no acceptable. From the bills submitted it reveals that during 07/2023 charge was Rs. 12,193.01 whereas during 07/2024 it was Rs. 12,559.47P. During winter charges are generally low whereas during other period it is not less than Rs. 7000/- per month. To ascertain whether any defects in meter exist this Commission directed the O.P. on 21.05.2024 for installation of a new meter and the Complainant admitted that on 31.05.2023 new meter was installed. After installation during 06/2024 bill is Rs. 8172.75 and 07/2024 it is Rs. 12,559.47P. So it an be concluded that the consumption is between Rs. 8000/- to Rs. 12,600/- and monthly average reading is about 1550 units.

The O.P. has taken steps as per provisions of the Electricity Act, 2003 and OERC Regulations, 2019. Accordingly, it needs no any interference. Accordingly, the Complaint has no merit and dismissed. No cost.

Order pronounced in the open court on 2^nd day of Sept. 2024.

Supply free copies to the parties.