Date of filing:- 13/01/2020. Date of Order:-01/05/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 4 of 2020.
Krishna Chandra Panda, S/o. Late Budhadeb Panda, R/o. W.No.3, Mini Stadium, Bargarh, Po/Ps/Dist. Bargarh 768028.
Complainant.
V e r s u s
WESCO Utility represented through The Executive Engineer, Electricals, Bargarh, Electrical Division, Bargarh, Po/Ps/Dist. Bargarh 768028.
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K. Panda, Advocate and Associates.
For the Opposite Party :- :- Sri Prasanta Kumar Acharya, Advocate and Associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.01/05/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant is a Consumer of electricity bearing Consumer no. 512122160265. The Petitioner has been paying the monthly electricity dues regularly without any fail as per the bill issued by the Opposite Party according to the actual meter reading. The meter bearing no. 8181384 installed in the premises of the petitioner belonging to the Opposite Party which has been duly sealed and checked to be ok. The petitioner surprised while receiving the bill Dt. 09/12/2019 for the month of November 2019 as besides the current bill the Opposite Parties claimed a sum of Rs. 50,704/-(Rupees fifty thousand seven hundred four)only illegal showing the same to be the arrear dues without any basis or reasons. The petitioner duly objected the same vide his written objection Dt. 11/12/2019, but the Opposite party did not take any step. The petitioner finding no other way finally served a pleader notice through his advocate through register post with A/D vide notice no. SKP/BGH/PN 05/2019-20, Dt. 20/12/2019 which the Opposite Party duly acknowledged on Dt. 24/12/2019 and remained silent. Hence the Complainant filed this case for deficiency in service of the Opposite Party.
- The case of the Opposite Party is that Opposite Party filed its version. The Opposite party submitted that on 21/05/2019 the vigilance squard of the Opposite Party inspected the premises of the Complainant and found that the Complainant was indulged in unauthorized Consumption of electricity through by passing the meter installed in his house. The inspection was done in proper way and as per procedure prescribed under the Electricity Act 2003 as well as OERC Distribution condition of supply) Regulation 2019 and in presence of family member of Complainant. On receipt of inspection Report, the Sub Divisional Officer (Ele.) Bargarh as the assessing officer under the provision of sec 126 of the Electricity Act 2003 provisinally assessed Rs. 50,704/-(Rupees fifty thousand seven hundred four)only for the loss occasioned from unauthorized consumption of electricity and served the provisional Assessment order vide letter No. 281 dtd 26/06/2019 on the Complainant where the Complainant was given seven days time to file objection against the said order. The Complainant neither filed any objection nor appeared before the Assessing officer. After elapse of sufficient time, the Assessing officer drawn out the final assessment for equal amount and served the final Assessment order vide Letter No. 487 dtd 24/10/2019 on Complainant for early payment. But the Complainant did not paid the final assessed due in time. Hence the final assessed due of Rs. 50,704/-(Rupees fifty thousand seven hundred four)only have been credited to the billing account of the Complainant for the month of November 2019 showing the same as arrear due. The Opposite Party prayed for dismissal of the case as the Complainant has been involved in unauthorized Consumption of electricity.
- After perusal of the documents filed by the Complainant and list of document filed by the Opposite Party, the following issues are framed:-
ISSUES:-
1. Whether this Complaint is not maintainable in view of the unauthorized consumption of
electricity by the Complainant ?
2. Is the Opposite Party deficient in its service ?
3. What relief the Complainant is entitled to get ?
Issue No.1.
The Opposite Party cited the decision of honble Supreme court U.P. Power Corp Ltd Vrs Anis Ahmed P.I.R. 2013 SC 758. Against the assessment order passed under Section 126 of the electricity Act a Consumer has option to file appeal under Section 127 of the Electricity Act or to approach the Consumer Commission by filing Complaint. He has to select either of the remedy.
No any criminal proceeding has been initiated by the Opposite Party. Accordingly against the Order of assessment this Complaint was filed on 13/01/2020 within two years of the alleged illegal assessment i.e. dated 26/10/2019.
The Opposite Party has not followed due procedure under section 126 of Electricity Act by serving letter as per law.
Accordingly this Commission has jurisdiction to entertain the Complaint.
Issue No.2.
Perused the documents and it reveals that the Opposite Party filed the following documents:-
- Inspection Report dated 21/05/2019.
- Provisional order of assessment dated 26/06/2019.
- Final order of assessment dated 24/10/2019.
The Opposite Party submitted that the inspection report, provisional order of assessment and final order of assessment has duly served to the Complainant. But no document was filed by the Opposite party which proves that the Opposite party has duly served the inspection report and assement order. The inspection report is also not signed by the Complainant. To bring a case under section 126 and 127 of the electricity Act provision of section 171 of the Electricity Act to be followed by the Opposite Party. The Opposite Party has not followed due procedure. Accordingly the issue is answered in favour of the Complainant. There is clear violation of electricity Act 2003. It amounts to deficiency in service of the Opposite Party.
Issue No.3.
From the supra discussion it is clear that for deficiency in service of the Opposite Party the Complainant is entitled to get relief.
Accordingly it is ordered.
O R D E R
The Complaint is allowed on contest. The Opposite Party is directed to waive out the penal bill of Rs. 50,704/-(Rupees fifty thousand seven hundred four)only. Further the Opposite Party is directed to pay Rs. 10,000/-(Rupees ten thousand)only compensation for harassment and mental agony and Rs. 10,000/-(Rupees ten thousand)only for litigation expences within one month of this order. Failing which the entire amount will carry 12% interest P.A. till realization.
Order pronounced in open court on this 1st day of May 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.01/05/2023 Dt.01/05/2023
M e m b e r (w) P r e s i d e n t.
