Date of filing:- 26/05/2015.

                                                                                                                                                                                Date of Order:- 10/05/2017.

DISTRICT CONSUMER DISPUTES REDRESSAL FOURM (COURT)

B A R G A R H.

Consumer Complaint No. 30 of 2014.

Asutosh Ratha, S/o Bisnu Prasad Ratha, R/o Ward No.1(one) Behind Law College, Bargarh, Po/Ps/Dist. Bargarh.

..... ..... ..... Complainant.

• V e r s u s -

Western Electricity Supply Co., represented through.

1. Superintending Engineer, Electrical, At. Bhatli Chowk, Bargarh,

2. Executive Engineer, Electrical, B.E.D., Bargarh.

3. Sub-Divisional Officer, Electrical, B.E.D., Canal Colony Chowk, Bargarh.

..... ..... ..... Opposite Parties.

Counsel for the Parties.

For the Complainant:- Sri S.K.Panda, Advocate with other Advocates.

For the Opposite Parties:- Sri P.K.Acharya, Advocate with other Advocates.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Sri Pradeep Kumar Dash ..... ..... ..... ..... ..... M e m b e r.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r(w).

Dt.10/05/2017 -: J U D G E M E N T :-

Presented by Sri P. K. Dash, Member:-

The complaint pertains to deficiency in service enumerated under the provision of Consumer Protection Act-1986.

The brief fact of the Complaint is described here under.

That the Complainant is a consumer of Electricity bearing consumer No. 512124010106 supplied by the Opposite Parties to his newly constructed residential house situated at ward No.1(one) of Bargarh town. That the Opposite Parties are the officers of WESCO, Bargarh appointed for the purpose of supply of uninterrupted electricity power supply to the consumers within the jurisdiction of this Hon'ble Forum.

The complaint contends that, the Complainant is provided with electricity after due compliance of all the required provision of electricity law like security deposit and installation of correct tested meter in the month of March-2012. After three to four months of supply of electricity to the Complainant as the Opposite Parties did not issue with any electricity bills the Complainant requested them verbally as well as through written to issue the bill for its payment in due time and the Opposite Parties also assured him to take necessary step to issue regular electricity bills, but remain silent for a long period and left the Complainant both in mental harassment and physical pain for running after the office of the Opposite Parties. That the Complainant repeatedly approached the Opposite Parties to regularize his bill and finally the Opposite Parties issued with a bill for the first time on Dt.15/08/2014 showing the same to be the bill for the month of July-2014 with a meter reading of 994 amounting to Rs.5,299.50/-(Rupees five thousand two hundred ninety nine and fifty paise)only which was not correct and law full as per the provision of electricity law. That further the Opposite Parties have also claimed a sum of Rs. 33,905.06/-(Rupees thirty three thousand nine hundred five and six paise)only as arrear electricity bill amount with out any basis and beyond the provision of OERC Distribution (condition of supply) Code -2004.

Further the complaint contends that, soon after receiving the above disputed bill the Complainant went to the office of the Opposite Party No. 2(two) and No.3(three) and requested them to revised the same with a request letter and to issue with a correct bill for the clearance of the actual bill amount. The Opposite Parties took no step and harassed the Complainant for about a month with a assurance of supply of correct bill and the Complainant also attended the electricity dispute camp held by the Opposite Party No.1(one) on Dt.30/10/2014 as per the direction of the Opposite Parties for the sort out of his dispute but the Opposite Party No.1(one) in spite of sort out the dispute, made unpleasant attitude toward the Complainant. That the Opposite Parties issued the first electricity bill on Dt.15/08/2014 after a period of a gape of more then two years when such some became first due and as per the provision of Section 100 (2) of OERC Distribution (condition of supply) Code-2004 the Opposite Parties are debarred from claiming the arrear amount as the same became non recoverable and also can not cut off the electricity supply to the premises of the Complainant for such non payment.

Further the complaint contends that, as per the calculation sheet supplied by the Complainant for better appreciation of the case the actual consumption of electricity units from June-2014 to September-2014 are 979 as per the unit slab prescribed by the Opposite Parties is Rs.994/-(Rupees nine hundred ninety four)only per month and for the period four month it becomes Rs.3,976/-(Rupees three thousand nine hundred seventy six)only and in the bill the meter rent has been omitted as the meter is installed by the Complainant him self. The Opposite Party No.1(one) in the electricity disputed camp Dt.30/10/2014 did not listened to the grievance of the Complainant so also the provision of the OERC Distribution (condition of supply) Code-2004 and threatened the Complainant to cut off the electricity supply unless the due is paid. The complaint reveals ,as the attitude of the Opposite Parties towards the Complainant as a monopoly and restrictive trade practice and deficient service as per schedule-V of guaranteed standard of performance prescribed in the provision of OERC (Licensees Standards of Performance) Regulation, 2004 for which the Complainant put to suffer mentally, physically and financially with out his fault. The Complainant being the reputed lawyer of Bargarh also lost social and moral status due to the behavior of Opposite Party No.1(one) to him. The complainant was always ready and willing to pay the actual bill amount as per the provision of OERC. That the Complainant has also recorded the voice of the Opposite Party No.1(one) in order to prove his behavior and language used towards the consumer and will be produced before the Hon'ble Forum if required. That for the above act of the Opposite Parties, they are liable for negligence to provide service to the Complainant and the Complainant prays before the Forum to direct the Opposite Parties jointly and severally to issue correct and revised bill accordingly to the provision of OERC Distribution(Condition of supply) Code-2004 and also be directed not to cut off power supply of the Complainant till disposal of the case besides a compensation of Rs. 2,00,000/-(Rupees two lakh)only towards physical pain, mental agony, loss of social and moral status and cost of litigation.

The Complainant in support of his contention relied upon the xerox copy of the following documents:-

1. Copies of disputed bills for the month of July, August and September-2014.( one sheet)

2. Copies of Energy bill detail of the Complainant.(two sheets)

3. Copies of complaint petitions submitted by the Complainant before the Opposite Parties on various occasion (time to time) from 2012 to 2014. (nine sheets)

4. Postal receipt and Acknowledgment sheet showing service of copy of complaint petition Dt.18/08/2017.(two sheets)

5. Notice of disconnection Dt.11/03/2015 issued by the Opposite Parties.(one sheet)

6. Copy of reply letter sent by the Complainant duly acknowledged by the Opposite Parties Dt.16/03/2015 (one sheet)

7. Copy of order Dt.03/11/2014 passed by Learned Forum in C.C. No. 30/2014.

8. Bills for the month of July-2014 to February-2015.(eight sheets).

9. Copy of money receipt-0609623181.(one sheet)

10. Submission of deposit work estimate.(one sheet)

11. Deposit work (two sheets)

12. Application for LT extension under deposit work scheme for availing 1 phase power supply.(one sheet)

13. Willingness to take up LT extension work(one sheet)

14. Money receipt No.0609745039 and LT extension domestic purpose.(two sheets)

15. Work sheet.(two sheets)

16. Letter of complainant Dt.21/07/2015 showing service of Interim Order to the Opposite Parties.(one sheet)

Being noticed the Opposite Parties appeared through their counsels and filed their version denying allegation of the complaint.

The Opposite Parties in their version admitted the fact, that the Complainant is a consumer of his company bearing consumer No. 512124010106 for 2KW load and the Opposite Parties have the responsibility of taking care of their consumers. Further the Opposite Parties denied the allegations of the Complainant that though the Complainant was provided with electricity power supply after due compliance of required provision of electricity law in the month of March-2012 and as no bill was supplied to him by the Opposite Parties for the next three to four months he requested th Opposite Parties to issue bills for the electricity dues and Opposite Parties assured him to look into the matter and to take necessary step in that regard but failed to do so for a long period and that the Complainant also approached the Opposite Parties in writing to issue electricity bill to avoid future dispute but the Opposite Parties remained silent and left the Complainant in mental and physical harassment and that the Complainant after running for a period more than two years to the office of the Opposite Parties was issued with a bill for the first time on Dt.15/08/2014 showing the same to be the bill for the month of July-2014 with a meter reading of 994 units for Rs.5,299.50/-(Rupees five thousand two hundred ninety nine and fifty paise)only which is incorrect and illegal as per the provision of electricity law and that the Opposite Parties have also claimed a sum of Rs.33,905.06/-(Rupees thirty three thousand nine hundred five and six paise)only as an arrear electricity bill amount without any basis and against the provision of OERC Distribution (condition of supply) Code-2004.

The Opposite Parties in their version contends that, the Complainant was found unauthorized used of electricity when dictated on inspection Dt.16/03/2012 and issued with a provisional bill of Rs.14,736/-(Rupees fourteen thousand seven hundred thirty six)only against a period of last twelve month U/s126 of Electricity Act-2003 and after hearing the statement of the Complainant a final penal bill of Rs.10,000/-(Rupees ten thousand)only was settled between the Parties and served on the Complainant and the Complainant immediately deposited the final bill amount on Dt.23/03/2012 and applied for a new connection to his premises. The Complainant was also provided with a detail estimate of required fee and security to supply law full power supply and the Complainant deposited the above required amount immediately on Dt.23/03/2012 for the power supply to his premises to be effected from Dt.23/03/2012. Further the version contends that when the matter was pending before the office of the Opposite Parties, the meter of the Complainant became defective and due to non availability of the stock the Opposite Party No.3(three) categorically requested the Complainant to provide a self purchased meter but the Complainant delayed in providing self purchased meter and finally supplied the same on Dt.19/12/2013 and after receiving and testing the same, the meter was installed on on Dt.08/12/2014 in the premises of the Complainant and due to such difficulties the Opposite parties were unable to provide any electricity bill till July-2014 and after getting reading from newly installed meter, the earlier load factor bill from the date of power supply on Dt.23/03/2012 to February-2014 of Rs.33,905.06/-(Rupees thirty three thousand nine hundred five and six paise)only inclusive of bill and actual meter reading from March-2014 to July-2014 for an amount of Rs.5,299.50/-(Rupees five thousand two hundred ninety nine and fifty paise) only in total bill of Rs.39,204.56/-(Rupees thirty nine thousand two hundred four and fifty six paise)only was served on the Complainant in July-2014.

Further the Opposite Parties in their version contend that the above single bill was for average consumption basis between April-2012 to July-2014 as per load and the second period from March-2014 to July-2014 as per actual meter reading of newly installed meter allowing rebate and that there was no defect in the bill and the delay in service of bill for aforesaid period was due to non cooperative attitude and latches of the Complainant for both unauthorized consumption and delay in providing self purchasing meter and the Complainant was also advised by the Grievance Redressal Forum to cooperate with the office of the Opposite Party No.3(three) to resolve the mater amicably in the interest of the both the Parties.

Further version of the Opposite Parties contend that, as per the fact of the case and provision of law the Opposite Parties are at no fault to raise electric bill from date of lawfull power supply on Dt.23/03/2012 to July-2014 even been the same is excess then two year limitation provided U/s 100 (2) of OERC Distribution (condition of supply) Code-2004 as because the Complainant was initially given power supply with installation of new meter but any bill could be made at billing fold on completion of due official process and installed meter became defective and even though the Complainant was advised to provide his self purchased meter. That the self purchased meter was tested and installed on Dt. 08/12/2014 and bringing to the billing fold the first bill was served on the Complainant in July-2014 and in such delay in providing the bill was reasonable in view of getting approval of authority of power supply having been detected with unauthorized consumption and further causing delay in supply of self purchased meter and in the fact and circumstance of the case the Opposite Parties have submitted that there is no deficiency in service on the part of the Opposite Parties and the Complainant can not avoid the liability to pay the electricity bill against the consumption of electricity and the calculation made by the Complainant on actual consumption of new meter is not just and proper against defect of uninterrupted supply availed from date of power supply on Dt.23/03/2012 to July-2014.

Further the version of the Opposite Parties reveal that, the Opposite Parties have denied the allegation of the complaint as to mis behavior and non redressal of grievance of the Complainant as the same is false and fabricated. Further it reveal, the Opposite Party No.3(three) on receipt of the notice of the Forum and considering the consumer grievance has verified the bill record of the Complainant and found no defect in the load factor bill and as to allegation of the Complainant for the defective billing in the old meter has made out a proposal for revision of said bill as per provision of Reg-97 of OERC Distribution (condition of supply) Code-2004 to provide more relief to the Complainant and by revision of the load factor bill raised from date of power supply Dt.23/03/2012 to change of meter in February-2014 on average of three months consumption recorded in new meter ,a total bill of Rs.12,324.34/-(Rupees twelve thousand three hundred twenty four and thirty four paise)only has been drawn and the Opposite Parties have sought for the redressal of the Forum for the direction to dismiss the complaint as no deficiency in service is proved against him by the Complainant.

The Opposite Parties in support of their contention rely upon the xerox copy of the following documents:-

1. Inventory Dt.16/03/2012.

2. Power supply estimate Dt.23/03/2012.

3. Letter No. 507 Dt.15/10/2014.

4. Bill revision proposal.

5. Letter No.CS/WESCO/Legal/761 Dt.14/12/2015.

6. Original letter No.30 Dt.12/01/2016 with xerox copy of one sheet.

7. Original letter No.688 Dt.29/07/2016 to the Complainant by S.D.O(1) WESCO, Bargarh one sheet.

Gone through the entire case record including the documents and pleadings of the parties, so also the memo and note of arguments of both the parties, the issues likely to the decided in this case are as follows:-

1. Whether this is a case under section 126(1) of Electricity Act-2003 as alleges by the Opposite Parties vide inspection dated 16/03/2012 for un-authorized consumption of electricity by the Complainant ?

2. Whether the Opposite Parties are liable for deficiency in rendering consumer service to the Complainant ?

3. Whether the arrear Electricity bill amount of Rs.33,905.06/-(Rupees thirty three thousand nine hundred five and six paise)only is recoverable by the Opposite Parties and for what relief the Complainant is entitled for ?

So far as the issue No.1(one) for its decision, the Complainant has filed some documents on Dt.06/05/2015 to which the Opposite parties did not raise any objection and the same documents are accepted by the forum. The application dated 27/01/2011 of the Complainant to the Executive Engineer, WESCO, Bargarh and application Dt.27/01/2011 to the SDO (Electrical) I WESCO, Bargarh regarding submission of deposit work estimate for construction of 0.10km of 1 phase, 2 wires Line for availing domestic line to the premises of the Complainant which was approved by letter No. 787(3) Dt.15/02/2011 by the Executive Engineer (Elect.), Bargarh asking for payment of Rs.1,494/-(Rupees one thousand four hundred ninety four)only in the office of Electrical Sectional officer No.IV, Bargarh for Executing of Work and in response to the Letter afore said the payment received by the authority of Opposite Parties Dt.15/02/2011 for Rs. 1,494/-(Rupees one thousand four hundred ninety four)only and also the willingness letter of Electrical Contractor (HT) 2049 to the Executive Engineer, WESCO, Bargarh and the money receipt Dt.03/02/2011 clearly and unambiguously reveals that, the consumption of electricity by the Complainant was with active knowledge and consent of the authorities of the Opposite Parties and not an act of unauthorized consumption of Electricity by the Complainant and for which provisional bill Dt.23/03/2012 upon the inspection report Dt.16/03/2012 is not justified and tenable as per the provision u/s 126(1) of the Electricity Act-2003. The issue No.1 is thus answered in negative.

So far as the issue No.2(two) for its decision, the provisional bill of Rs.14,736/-(Rupees fourteen thousand seven hundred thirty six)only issued by the Opposite Parties to the Complainant was reduced to Rs.10,000/-(Rupees ten thousand)only as of final assessment bill which was paid by the Complainant vide MR No. 18422010 Dt.23/03/2012 and the matter was closed there and on the same date basing on the estimate supplied by the Opposite parties, the Complainant deposited the required amount vide MR No.18422011 Dt.23/03/2012 to become a regular Consumer under the Opposite parties and admittedly the Complainant became the Consumer of the Opposite Parties vide Consumer No.512124010106. From the documents i.e. The letters of the Complainant to the SDO (Electrical) WESCO, Bargarh regarding non taking of meter reading and non supply of bills even after installation of new meter on Dt.08/02/2014 by the Opposite parties and the first bill Dt.15/08/2014 issued by the Opposite Parties to the complainant clearly reveals the negligence of the opposite parties in rendering Consumer Service to the Complainant. Such negligent act of the Opposite Parties is a deficiency in service under the provision of Consumer Protection Act-1986.

The issue No.2(two) is answered in assertive.

So far as the issue No.3 for its decision, as the Opposite parties have not supplied any electricity bill for more than two years from the date when such sum became first due i.e. Since April 2012 and such sum has not been shown continuously as recoverable as arrear of charges of electricity supplied by the Opposite parties to the Complainant within this period, hence the arrear bill amount for Rs.33,905.06/-( Rupees thirty three thousand nine hundred five and six paise)only against the Complainant is not recoverable by the Opposite Parties as per the provision enumerated u/s 100(2) of the O.E.R.C. Distribution (Condition of supply) Code 2004 and the Complainant is entitled for the relief as the forum deemed fit in view of the fact and circumstance of the case. Hence the issue No.3 is answered as above.

Delving deep into the matter, the forum unanimously came to a decision and Order as follows :-

O R D E R

The Opposite Parties are directed jointly and severally not to recover the arrear electricity bill amount of Rs. 33,905.06/-( Rupees thirty three thousand nine hundred five and six paise)only from the Complainant vide Consumer No. 512124010106 and further directed to issue revised bill as per OERC, Distribution (condition of supply) Code 2004 excluding the meter charge as per actual meter reading on or after June 2014 till date and the entire revised bill amount on or after June 2014 till date shall be received from the Complainant with six easy installments calculating each installment for six month bill amount and there after the Opposite Parties are directed to provide monthly electricity bill regularly on each month as per actual meter reading excluding the meter charge . Further the Opposite Parties are directed to pay compensation of Rs. 10,000/-(Rupees ten thousand)only to the Complainant for the mental, physical agony and for the litigation expanses that he has suffered for the negligence of the Opposite Parties. The entire order shall be carried out within 30(thirty) days from the date of this order, failing which stringent legal action will be followed.

Further the Opposite Parties are cautioned to visit the premises of the Consumers through their employees to take actual meter reading on each month and to provide with electricity bill as per actual meter reading and to co-operate the Consumers in paying the electricity dues regularly and to build a healthy friendly relation with the consumers for the welfare of the society and the development of the electricity Company.

The Complaint is allowed and disposed off accordingly.

Typed to my dictation

and corrected by me.

I agree, I agree, (Sri Pradeep Kumar Dash)

M e m b e r.

(Ajanta Subhadarsinee) (Sri Krishna Prasad Mishra)

M e m b e r. P r e s i d e n t.