PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                               CONSUMER COMPLAINT NO. 54/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Sri. Sachidananda Badhai,

S/O-Purna Chandra Badhei,

Gambharkata, Po-Themera, Ps-Sadar, Sambalpur,

Odisha-768005

Mob-9437736429.                                                         .……….......Complainant.

Vrs.

C.E.O. TPWODL,

Burla, Sambalpur-768017                                             ...……….Opp. Party

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.                        :- Mr/ Raju Saha, S.D.O., TPWODL, Rengali

Date of Filing:06.04.2023,Date of Hearing :19.12.2023,Date of Judgement : 06.02.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having a domestic connection bearing No. 411211110107 and till July-August-2004 the arrear bill of Rs. 54,999/- has not been rectified by the O.P. after several correspondence. Till date grievance dated 29.10.2004 not redressed and harassed. The O.P. threatened to disconnect the power supply in case of non-payment. Being aggrieved complaint has been filed.
2. The O.P. in its version submitted that the Complainant is not maintainable before this Commission. The Complainant relates to consumer No. 4163-3111-0107 in the name of Complainant with permitted load of 1KW Lt/Domestic category with meter serial No. WESCO-174269. Till March 2023 and amount of Rs. 1,14,411/- lying outstanding against the Complainant. From Dec. 2002 to April 2004 meter was running properly. Due to house lock in some months and official constraints it was billed provisionally. In June 2004 actual was 13852 units after revision of provisional bills and slap benefits it was Rs. 54,599/- including previous arrear. In October 2004 meter No. 1873692 was installed and became defective and for that bills were issued to the consumer on average basis till replacement of defective meter in August 2019. In August 2019 defective meter was replaced vide meter Sl. No. LW 296084 and thereafter actual bills have been given.

As per Regulation 155 the bill was revised taking average of actual consumption amounting to Rs. 70,132/- since August 2019 provisional bill has not been revised. From October 2004 to July 2019 on provisional basis bill has been made with low unit of consumption. The monthly consumption after replacement of defective meter has been very high in comparison to provisional billing and an extra of Rs. 70,132/- added to the billing amount.

The consumer can replace defective meter as per Regulation 2006 but the Complainant not opted. However the O.P. replaced the meter. On 17.05.2023 meter was running effectively. The Consumer was using 2.5KW load against permitted load 1KW which is prohibited under regulation 188 and is “unauthorized use of electricity” which attracts assessment under section 126(1) & (3) of the Electricity Act, 2003. The P.V.R. has been submitted. O.T.S. 2022 is applicable to the Complainant and in case the Complainant opt then Rs. 36,000/- rebate shall be allowed. After rebate O.T.S. is not applicable.

As per Regulation 157 dispute is maintainable before Grievance Redressal Agency and complaint is liable to be dismissed.

3. Perused the documents filed by both the parties. The Complainant has filed a disconnection notice dated 03.01.2023. A letter has been given to S.D.O. WESCO on 29.10.2004 about excess billing. In September 2004 Rs. 57,281/- bill has been provided, whereas bill dated 17.05.2004 was Rs. 10,035/-. Against the disconnection notice dated 03.01.2023 the Complainant requested the O.P. on 22.02.2023 to allow revision of pay.

The O.P. submitted the bill from Feb. 2001 to May 2023 and other calculation sheet claiming Rs. 1,84,544.05p from the Complainant after bill revision. The O.P. submitted P.V.R. dated 17.05.2023 showing a load of 2.5KW.

4. After perusal of the submission of the parties it is observed that the O.P. admitted that in October 2004 energy meter vide serial No. 1873692 became defective in the premises of the Complainant and in August 2019 the defective meter was replaced vide metter No. LW 296084, further admission of the O.P. is that after October 2019 replacement of meter for provisional billing period calculation shall be made then Rs. 70,132/- would be added to billing account.

Here question arises the O.P. has replaced the defective meter in 2019 only and what prevented the O.P. not to take step for replacement also till 17.05.2023 no revision has been made and it is the plea of O.P. that the billing will be more as consumption is more. Prior to 17.05.2023 no any steps have been taken by the O.P. regarding consumption of power than the permitted load. Prior to 17.05.2023 only on 03.01.2023 disconnection notice was given to the Complainant and thereafter only this complaint was filed.

This is a dispute between the parties since 2004 and it is the admission of O.P. that only in 2019 defective meter was replaced. The cause of action arose in January 2023 when disconnection notice was given. This Commission has power only to take up cases upto two years whereas it is a dispute since 2004 and it was not settled by the Grievance Redressal agency also. When the O.P. it self admitting the defective meter since 2004 to 2019 its calculation made calculation a burden to the Complainant. The O.P. failed to explain why meter was not installed till 2019, then till January 2023 also no any step was taken for settlement of dispute. It amounts to deficiency in service and unfair trade practice of the O.P. The grievance of the Complainant has not been redressed in time. Accordingly, the notice dated 03.01.2023 is not acceptable, discarded as per Regulation 152.

After physical verification Report dated 17.05.2023 the steps taken by O.P. for assessment has not been explained. The O.P. can not say that “unauthorized use of electricity” as and when it came to knowledge of O.P. following due procedures steps should have been taken to prevent such use or to give notice. As due procedure has not been followed the P.V.R. dated 17.05.2023 is not acceptable.

Accordingly, following order is passed:

ORDER

The complaint is allowed on contest against the O.P. Non-redressal of grievance in time amounts to deficiency in service and unfair trade practice. The O.P. is directed to waive out Rs. 54,599/- and as per OERC regulation calculate the actual bill and give the same to the Complainant from the day of installation of meter in 2019 within one month of this order. In case of non-supply of bill the Complainant is entitled for litigation cost of Rs. 10,000/- only from the O.P. No compensation and cost.

Order pounced in the open court on 6^th day of Feb 2024.

Supply free copies to the parties.