Orissa

Sambalpur

CC/48/2015

Krupasindhu Sahoo - Complainant(s)

Versus

Western Electrical Supply Complany. - Opp.Party(s)

Sri A.K. Sahoo

22 Jun 2022

ORDER

DR. RAMAKANTA SATAPATHY, PRESIDENT,

1.       The Complainant is a farmer and took an electricity connection to run a bore-well under Government subsidy scheme. The O.Ps authority installed the meter outside the door of the house to avoid tampering. In September 2011 the Complainant received an electricity bill amounting to Rs. 5364.00 where as in the endorsement in reading status mentioned as house locked.

          The Complainant agitated the matter before O.P 2&3 who assumed to rectify the meter reading, with the assurance the Complainant deposited Rs. 1880.00 on dated 30.9..2011 . The O.P No 2&3 did not take any step rather disconnected the electricity supply without prior any notice. The Complainant sustained loss in production during Rabi Crop. After several visit to the O.Ps also, the O.Ps did not take any step and having without any alternative the Complainant deposited Rs.5000/- on dated 22.8.2014. The Complainant became astonished when received a bill of Rs. 40,118.00 dated 12.05.2015 charged for general purpose, which is unbelievable in case of irrigation purpose. The O.Ps have not followed the circular order of the Government, threatened the Complainant in case of non-clearance power supply will be disconnected. Being aggrieved with the bill dated 12.5.2015 the Complaint was filed.

2.       After appearance in the case the O.Ps filed their version. The O.Ps stated that the Complainant is having consumer No. 4160-0103-0084 of 1.5KW load under general purpose category to run a Lift Irrigation point in village Purunagarh. The agriculture land is within Rairakhol N.A.C area and guided under Regulation 80(i) of O.E.R.C Supply Code 2004

“This Category relates to supply of power for pumping of water in lift irrigation, flow irrigation and for lifting of water from Wells/ Borewells, Dung well, Nallahs, Streams, Revulets, Rivers, exclusively for agriculture purpose in areas other than areas coming under Muncipality/NAC limit of the State”  

          The O.Ps further contended that there is no such billing defect in the bill of Sept-2011 and disconnection was due to non payment of monthly electricity bill even after service of disconnection notice a long with monthly bill for January 2012.. The Consumer is billed under G.P Category and for accumulated arrear, bill is accompanied with disconnection notice for payment within 15 days of receiving the bill.  Disconnection is not made without prior notice. After disconnection in February 2012 the Complainant not deposited the arrear and remained silent, in August 2014 came to O.P. No.1 for power restoration to the L.I Point, agreed to deposit Rs.5000.00 towards part payment to arrear. After part payment on 22.8.2014 the power supply was restored to L.I Point. The actions of the O.Ps are as per Rules and Regulation under the Electricity Act 2003

          After restoration of power for the period February 2012 to August 2014 made a bill revision, deducted the provisional bills of disconnection period of Rs.44,094.22P from the total bill of Rs. 46,430.80P and raised a corrected bill of Rs. 2336.56P, which is after adjustment of received from the Complainant.

          The O.Ps are not deficient in their service, the complaint is baseless and liable to be dismissed.

3.       After perusal of the complaint, version of O.Ps and documents filed by the parties the following issues are framed:

ISSUES

1. Whether the land of the Complainant is covered under Rairakhol N.A.C and the Complainant is entitled for general category benefit to run L.I point or beneficiary of Govt. Scheme?
2. Is there any deficiency on the part of the O.Ps?
3. What relief the Complainant is entitled to ?

Issue No.1

          Whether the land of the Complainant is covered under Rairakhol N.A.C and the Complainant is entitled for general category benefit to run L.I point or beneficiary of Govt. Scheme?

          The O.Ps have filed the Gazette Notification of the Odisha Electricity Regulatory Commission Distribution (Condition of Supply)(9^th Amendment)Code,2014 and quoted as below:-

          Regulation 80(5)(i):-

          80(5)(i) Irrigation Pumping and Agriculture:- “This Category relates to supply of power for pumping of water in lift irrigation, flow irrigation and for lifting of water from Wells/ Borewells, Dung well, Nallahs, Streams, Revulets, Rivers, exclusively for agriculture purpose in arears other than areas coming under Muncipality/NAC limit of the State. This category is applicable to pumping capacity less than 1.5HP in aggregate for a single consumer”

          The Contention of the O.Ps is that the Complainant is coming under “ general” Category.

          The Complainant contended that he is a resident of Purunagarh village, Badbahal G/P under Rairakhol tahsil having S.B.I, Saving Bank Account No. 33695970802 availing K.C.C Limit of Rs.20,000.00 coming under Rampur S.C.S.Ltd under S.D.C.C Bank Ltd, as a farmer availing agricultural facilities. He is the son of recorded  tenant Prasadi Sahu i.r.o. M.S Khata No. 25 of Mouza Purunagar Ac.10.52 decs. The land is coming under G.P area and he is entilled for the agricultural benefit not as ‘general’ category Electricity bill for the period August 2011 reflects that the Complainant has taken the power supply for Irrigation pump and agriculture purpose. The version of the O.Ps at para-3 also shows that the Complainant is billed under G.P Category and for any accumulated arrear, bill is accompanied with disconnection notice.

          From the aforesaid facts it is clear that for agriculture purpose and L.I . Point the Complainant has taken the connection but the category has been changed by the O.Ps to “General” for which the electricity billing hiked and as a consequence arrears of Rs.40,407.17P accumulated.

          The O.Ps admitted the fact of disconnection from February 2012 to August 2014 but provisional bill was given amounting to Rs. 44,094.22P this reflects the deficiency in service of the O.Ps. The O.Ps failed to submit any documents, the change in status from “agriculture purpose” to “general purpose” and the revised agreement with the Complainant. Further no any notice of change has been given to the Complainant.

          Accordingly the issue is answered in favour of the Complainant.

Issue No. 2

          Is there any deficiency on the part of the O.Ps?

          As discussed supra the O.Ps have not followed the Electricity Act and Regulation of the State. Whimsically changed the status of the Complainant, thereby there was no supply of power during the period February to August 2014 thereby the Complainant sustained Crop damage. But the Complainant not filed any documents showing to the effect.

          The O.Ps are deficient in their service and accordingly this issue is answered against the O.Ps

Issue No. 3

          What relief the Complainant is entitled to ?

          The O.Ps have violated the Rules, Regulation under the Electricity Act, 2003 for which the Complainant sustained financial, and Crop loss which is also a loss to the nation

          Accordingly the Complainant for entitled relief as under:

O R D E R

          The Complaint is partly allowed on contest. The O.Ps are directed to rectify the electricity bill of the Complainant changing it for agriculture purpose, instead of general category within one month of this order. The O.Ps are to pay compensation of Rs.30,000/-(Thirty Thousand) towards harassment of the Complainant. The O.Ps are further directed not to disrupt powers supply till the final settlement of the bill. Towards crop damage Rs. 10.000/-(Ten Thousand) is awarded along with litigation expenses of Rs.3,000/-(Three Thousand). The amount awarded will carry 4% interest from the day of filing of complaint i.e on dated 18.8.2015.In Case the O.Ps failed to pay the amount within one month, the amount will carry 12% interest till realisation .

          Order Pronounced in open Court on this 22^nd day of June 2022.

          Supply free copies to the parties.