PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO.11/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Subhash Gupta,

S/o- Motilal Gupta,

At-Anandika Nivas, A.N.Guha Lane,

PO-Budharaja, Ps-Town,

Tahasil/Dist-Sambalpur

Mob No.-9437564042.                                                                                   ...………..Complainant

Versus

TPWODL,

Being represented by The Sub Divisional Officer,

Electrical Sub-Division II,TPWODL Sambalpur,

SDO II,PHD Division,

Infront of Dropadi Health Point, Chirag Bekery, Jalen Gali,

Khetrajpur, Sambalpur-768003.                                                                       …………...Opp.Parties

Counsels:-

1. For the Complainant          :-      Sri. P.R.Badpanda & Associates
2. For the O.P.                         :-      Sri. A.K.Patra & Associates

Date of Filing:22.03.2022,Date of Hearing :24.07.2023,Date of Judgement : 03.10.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that for the business house ‘New Fancy Store’ the Complainant has taken an electrical connection having A/C No. 411633001452 and paying dues in time. On 14.03.2001 for the period 11/98 to 12/2000 the account was settled for 8863/- but the O.P. not up-dated the books of account. After 20 years also the problem is not solved. The Complainant approached the GRF twice on 15.12.2012 and 24.03.2018. The O.P. gave an undertaking on payment of Rs. 5000/- on 15.12.2012 and issued receipt No. A-21712085 dated 15.12.2012. ON 24.03.2018 the O.P. opined “revision is proceed.” After filing of the Complaint the O.P. was requested through a letter, the O.P. called to GRF revision camp for review but no settlement made. Being aggrieved and for deficiency in service this complaint has been filed.
2. The O.P. in his version submitted that previously Consumer No. COM-9D-19 was allotted and after change of electrical division old Bhutapada, SDO-1 division, consumer No. 41163301452 number was allotted under Khetrajpur, SDO-II with same energy meter. An arrear of Rs. 1,21,285.90P arrear is outstanding till June 2022. Due to organization changing during last 25 years old record are nor preserved. Billing data is available since April 2001. Preservation of record can be made for 8 years only. Till Dec. 2000 against Rs. 9862.65P Rs. 1000/- was debited in the bill which was paid on 03.02.2000 and balance was Rs. 8863/-. On 04.03.2001 out of the balance Rs. 4000/- was paid. The other allegation were denied. Till February 2004 the arrear and current bills not paid and meter became defective. Bills were generated on load factor provisionally and new meter No. 1796919 was installed. Bills provided actual till Nov 2008 and thereafter provisional/average billing was done till March 2017. In April 2017 new meter No. WUV 28819 was installed and till date actual bills are given. The Consumer is irregular in payment. During average billing period very low bill has been provided and reflected in ledger. GRF records are not available with O.P. but the payments made were admitted. The Complainant is not ready for revision of bill. There is no deficiency on the part of the O.P.
3. Perused the documents filed by both the parties. The Complainant filed account statement from April 2001 to Oct. 2012 and April 2015 to June 2018 and an application dated nil where the O.P. on 08.03.2021 suggested for GRF revision.

The O.P. filed account statement from March 2001 to June 2022 and order of Electricity regulatory Commission regarding vesting of utility (WESCO) to the present O.P.

4. From the account statement it reveals that from Nov. 1998 to December 2000 for 2795 units Rs. 9862.65 was demanded by the O.P. The Complainant on 03.02.2000 paid Rs. 1000/- and Rs. 8863/- was outstanding up to December 2000. The account statement does not reflect the payment. Likewise the O.P. admitted that Rs. 4000/- was paid by Complainant on 14.03.2001. From which document the O.P. ascertained the payment not narrated. The Complainant also not filed any documents showing his payment.

As per account statement through new meter No. 1796919 bills were provided to the Complainant but from Dec. 2004 to June 2005 provisional bills have been given. When the new meter is installed how provisional bills were provided. During July 2005 unit consumed has been shown 7644 and bill raised Rs. 30,828/- from July 2005 to Nov. 2008 actual bills have been provide by the O.P. From Dec. 2008 to August 2009 provisional bills provided. It is the admission of the O.P. that from Nov 2008 till March 2017 with very low unit of consumption bills were provided. Here question arises why regular meter reading were not taken during the period.

The O.P. submitted that in April 2017 new meter No. WUV 28819 was installed in the premises of the Consumer and actual meter reading taken from April 2017 to February 2019. During Feb. 2019 the outstanding shown is Rs. 97,089.34. In March the Complainant paid Rs. 10,000/- and thereafter from April 2019 onwards actual meter reading has been taken in almost every month.

The Complainant has not filed any documents to show the grievance was raised before GRF and payment of Rs. 5000/- made on 15.12.2012 and 24.03.2018 order was passed. This dispute is long standing between the parties. The Complainant is not regular in his payment. In the other hand the O.P. also not regular in taking the meter reading and dispute is continuing since 1998 onwards. The O.P. on 08.03.2021 in the Complaint of Complainant wrote “Consumer was called for GRF revision camp and the case need revision”. The O.P. has not revised the bill not submitted any documents. From account ledger submitted by Complainant reveals that on 08.04.2021 Rs. 15000/-+ Rs. 10,000/- has been debited in the account of the Complainant and outstanding remained Rs. 91,030.91P.

Taking into consideration the circumstances of the case as this Commission has no jurisdiction to go beyond two years the following order is passed.

ORDER

The Complaint is partly allowed on contest against the O.P. The parties are at liberty to apply for settlement through mediation before this Commission relating to outstanding amount of Rs. 91,030.91P. The Complainant is directed to pay the bills regularly to the O.P. onwards and from 08.04.2021 onwards deducting Rs. 91,030.91P, the balance within one month of this order. No cost and compensation.

Order pronounced in the open court on 3^rd day of October 2023

Supply free copies to the parties.