Orissa

Jajapur

CC/38/2023

Rabindra Samal. - Complainant(s)

Versus

Executive engineer electrical,TPNODL. - Opp.Party(s)

Paresh Kumar Dhal.

25 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION : JAJPUR : ODISHA.

Consumer Complaint No. 38 / 2023.

Date of filing Complaint   :-        06.03.2023

Date of hearing                  :-      08.12.2023

Date of Order                     :       25.01.2024.             

Dated the 25th  day of  January, 2024.

 Rabindra Samal, S/O- Baishnab Samal

 At:  Pokhariapada,(Arei) P.O. Arei

 P.S. Binjharpur, Dist: Jajpur

                                                                                                    .  .  .  .  Complainant.

                                    Versus.

            1). Executive Engineer, Electrical, TPNODL, At.Bahabalpur,

P.O.P.S/Dist. Jajpur.

            2).  S.D.O, Electrical, TPNODL, Binjharpur,  At/P.O/Balamukuli

                   Dist. Jajpur.                                                           …........ Opp.Parties.

P R E S E N T S.

                        1.   smt.Susmita Mishra, President.

                        2.    Sri Bibekananda Das,       Member .

               Counsels appeared for the parties.                                

For the Complainant           Sri P.K.Dhal, Advocate.

For the Opp. Parties:             Sri P.K.Daspattnaik,  Advocate .

J U D G M E N T

MRS SUSMITA MISHRA, PRESIDENT  :

            The  complainant namely  Rabindra Samal, aged about 62 years  has been filed the C.C.Case No.38/23 against the above  named O.Ps U/sec.35 of the C.P.Act,2019 alleging deficiency in service and unfair trade practice on the part of the O.Ps and seeking following reliefs :

“ Please to allow Rs.3,00,000/- as compensation and declared the bills of January and February,2023 as  null and void .

            The facts relevant for the present dispute as per the complaint petition in brief are that the complainant’s father Sri Baishnab Samal is the electrical Consumer bearing Consumer No. 612421080200 and A/C No.16122036033, category-Domestic under the above-said O.Ps. Unfortunately, the Baishnab Samal is now bedridden for which his son Rabindra Samal has filed this case on behalf of his father. The electricity bill on dated 23.09.2022 shows that the consumption of electricity is 238 units where the current amount is Rs.1194.02/- and the arrear is Rs.8539.07/- in toto amount payable is Rs.9722/- . Similarly Rs.7990/- and Rs.7378.00/- for the month of electricity bill dated 26.10.2022 and 23.11.2022 respectively. But the electricity bill for the month of December,2022 did not supplied by the O.Ps. Arrear amount become Rs.28351.64/- for the month of electricity bill on 23.01.2023 and bill dated 23.02.2023 shows that the consumption of units is 141 and arrear in total of Rs.29640.00/- . It is also stated by the complainant that he is a poor person still he is ready to pay the  actual arrear dues looking into the previous bills. Hence this petition.

            Upon notice, the O.Ps are appeared and filed their written version through their learned counsels.

            The Learned advocate on behalf of the O.Ps filed its written statement. In its written statement/ version, the O.Ps denied any deficiency in service on its part and submitted that the consumer’s old meter bearing SL.No.NLT166364. According to O.Ps this electrical meter was found to be defective, as a result, one new electrical meter was installed in his house premises on dated22.03.2022 . It is also submitted by the O.Ps that after installation of new electrical meter and taking into consideration of his consumption a “Sundry charges” for an amount of Rs. 20,451.34/- was debited to the consumer’s A/C in the billing cycle for the month of November,2022. It is further argued by the O.ps that after taken into consideration of differential amount charges during old defective meter period from May,2021 to February,2022 compared to average billing of new electrical meter as per guidelines of OERC . Hence, there is no way illegal or deficiency in the side of this O.Ps in providing services to the complainant and as such the case is not maintainable in the eye of law likely to be dismissed.

            We have heard the learned counsel for the complainant and the O.Ps  and carefully perused the  record and documents therein.

            On perusal of the records, it is observed that there are pending dues as arrears exists  against the complainant. The complainant strongly argued that he is unable to pay the false, monopoly and manmade bill amount which was imposed upon him by the O.Ps , but he  is ready to pay the actual arrears  dues looking to the previous bills. On the other hand, the O.Ps were argued that on 22.03.2022 a new electrical meter was installed in the house premises of the complainant  instead of the previous defective meter. The O.Ps also argued that after installation the above said electric bills were prepared as per the guidelines of OERC Regulations and the billing amount so incurred due to consumption of power has been duly reflected in the Ledger Account  of the complainant. But it is seen that to this effect the O.Ps have not produced any documents viz, Ledger Account of the complainant as  well as the documents  regarding the installation of a new electrical meter instead of a defective one for their defence.

            Moreover, the complainant has neither produced any “ Authorization certificate “ on behalf of his father Sri Baishnab Charan Samal who is a real electricity consumer  under the O.Ps ( Elect.Deptt) nor produced any medical documents regarding bed ridden of his father.

            In such a situation, this Commission, observed that the present complainant is not a “ consumer” entitled to seek his redressal under the purview of the C.P.Act, 2019 and as such this complaint is not maintainable  in the eye of law and liable to be dismissed.

            Hence ,the present consumer complainant is not maintainable before this Commission and hereby dismissed.      

            Accordingly, the consumer complaint No. 38 of 2023 is disposed off. No order as to cost.

            Pending Interim Application ,if any, also stands disposed off.

Issue extract of the order to the parties   concerned.

            Order Pronounced in the Open Commission on this the 25th day of January, 2024