PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT NO.- 33/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

Kanha Sunani,

S/O- Dhananjay Sunani,

R/O-Lapanga, Thelkoloi Po/Ps-Thelkoloi,

Dist-Sambalpur-768212.                                               .……….......Complainant.

Vrs.

1. Sub Divisional Officer (Elect) TPWODL,

Rengali Circle, AT/PO/PS-Rengali,

2. CEO (Elect) TPWODL,
3.  
4.  

Counsels:-

1. For the Complainant         :-Sri. P.K. Dora & Associates
2. For the O.P.s                       :-Sri. S.K. Nanda, Legal Officer, TPWODL

Date of Filing:10.03.2023,    Date of Hearing :31.10.2023,     Date of Judgement : 08.01.2024

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is the consumer bearing consumer No. 416335410779 and new No. 141-63009142, category LT-DOM under the O.P No. 1 and 2 and is a consumer as per the CP Act. In the month of February the OPs supplied an Electricity arrear Bill on dtd. 16.02.2023 for an amount of Rs. 95,704/- which is illegal because the Complainant has regularly paid the electricity bill to the OP’s agent and demanded the receipts but very cunningly he avoided to give the payment receipts. But all off sudden this petitioner came to know that the OPs claims a slab an amount of Rs. 409/- per month which became Rs. 44,551.10p till 2^nd April 2022 and Rs. 45,807.39p. till 7^th May 2022, Rs. 48,448/- in 19^th July. Again charges slab of Rs. 864/- per month with balance Rs. 92,003.09p. in 19^th December 2022 and Rs.95,704/- current arrear as per the OPs are illegal and excess charged to the Complainant. The Complainant is a bonafide consumer of the OPs, taking simplicity the agent along with the OPs have tried to grab his hard-earned money and harassed him to pay the illegal money unless he is to be deprived from electricity supply which is basically arbitrary in the eye of law.  
2. The written statements of the O.Ps is that the present complaint relates to consumer with a permitted load of 1KW under LT/Domestic Category. The supply has been extended to the premises of the consumer since 31.01.2013 with energy meter serial number 772833 and since then the consumer has been using the electrical energy without paying the energy bill. The consumer is irregular in paying the energy bills for which the outstanding dues against the consumer till March 2023 is Rs. 1,01,731/-. The claim against the OPs is not maintainable either on facts or in law and the averments made in the present complaint are false, frivolous, baseless and against the prevailing position of facts and applicable provisions of law for which the present complaint be dismissed.
3. After going through the records, evidences and documents, it is observed that the Complainant has not submitted any evidences which proofs the deficiency in service or unfair Trade practice against the OPs. In the other hand it is a case of billing disputes and as per the observation made by the Hon’ble State Consumer Dispute Redressal Commission, Cuttack in its Order dtd 30.03.2012 in Consumer Dispute Appeal No. 1342/2003, the billing disputes are not entertainable before the consumer fora. However, the Complainant is ready to pay the dues of the electricity bill, the OPs are directed and restrained to disconnect the electric supply and also the OPs are directed to depute the agent and meter reader in time who collect the electric bill from the consumer every month and also the arrear amount will be revised and fixed and collected in six months E.M.I /installment basis.  Accordingly the case is disposed of.

Order pronounced in the open Court today on 8^th day of Jan, 2024.

Free copies of this order to the parties are supplied.