IN THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAJPUR.
Present: 1.Shri Pitabas Mohanty, Member
2. Miss Smita Ray, Member,(w)
Dated the 29th day of October,2021.
C.C.Case No. 36 of 2018
Sri Lalit kumar Das , S/O Chpudhury Ghana shyam Mohapatra
Vill. Bagada , P.O.Bari ,P.S.Bari Ramchandrapur
Dist.Jajpur. ……………. .Complainant .
(Versus)
1.J.E.NESCO, At. Bari-Ramachandrapur ,Dist.Jajpur .
2. Asst. Engineer,NESCO, At/P.O. Bari-Ramachandrapur,
Dist. Jajpur.
3. Executive Engineer, NESCO, At/P.O/ Kuakhia, Dist.Jajpur.
………………..Opp.Party.
For the Complainant: Sri R.K.Mohanty, Advocate
For the Opp.Parties : Self
Date Date of order: 29. 10. 2021.
MISS SMITA RAY, M E M B E R (W) .
The petitioner has filed a present dispute alleging deficiency in service against the o.ps .
The facts as per complaint petition shortly are that the petitioner is a domestic consumer under the o.ps vide consumer no. BB3998. The petitioner paid the electricity dues regularly .That all on a sudden the petitioner received a disconnection notice from the o.ps wherein the o.ps mentioned that there is an outstanding arrear dues of Rs.41,145/ till 20.03.17 against the petitioner . After receipt of the notice the petitioner visited the office of the O.P and requested to install a meter to the premises of the petitioner to ascertain the actual reading consumed by the petitioner, because the O.Ps calculated the electricity bill as per the load factor without the meter.
That inspite of several request of the petitioner when the o.p did not pay any heed to request of the petitioner and threatened to disconnect the power supply from his premises. The petitioner has paid a sum of Rs7,000/- to the op. on 29.3.17 . That the petitioner received the dis connection notice by the o.p on 3.3.18 wherein it is mentioned that there is an outstanding dues of Rs41,145/- .It is pertinent to mention here that the petitioner repeatedly request the O.P to install a meter but without giving any heed to the grievance of the petitioner the O.P threatened to disconnected the power supply . Thereafter the petitioner also paid again Rs 10,000/ to award the disconnection of power supply from the premises of the petitioner.
Accordingly finding no other alternative the petitioner knocked the door of this commission to direct the O.P to install a tested meter in the premises of the petitioner as well as compensate a sum of Rs.50,000/- for mental agony and harassment .
After receipt of notice the O.P himself appeared and subsequently filed their written version . In the written version the O.Ps stated that the petitioner is a domestic consumer vide consumer No.BB3998, 615311080219, CD of 1.0 KW DOM having outstanding arrear of Rs.32257.54 up to March,2018 .The prayer of the petitioner has been heard regarding installation of an OK 1 PH meter as it had been installed as per laws and regulations. The disputed bill of Sri Lalit ku.Das, consumer no.BB3998(6153-1108-0219) will be revised as per the average of six consecutive billing after installation of a new meter as per Regulation-155 of OERC Distribution ( condition of Supply Code,2019. A new meter has been installed in the consumer’s premises on dt 19.09.2019 .The billing starts from October-2019, so the O.P may revise the disputed bill during month of April-2020.
The averments of petition/ complaint which are specifically not admitted herein above shall be deemed to be disputed and denied . That the allegation of petitioner about illegal trade practice and negligence / deficiency of service committed by O.Ps is totally false and baseless.
Under the above mentioned factual and legal circumstances, the O.ps humbly pray that the learned commission may dismissed the case .
On the date of hearing adv for the petitioner is present .No step taken by the O.Ps. we heard the argument from the learned advocate for the petitioner and after perusal of the record and document it is observed that
It is undisputed fact that the petitioner is a domestic consumer bearing consumer no.BB3998,615311080219.
It is also undisputed fact that the o.ps provided the power supply to the premises of the petioner without installing any meter .The O.ps have taken the stand in the written version that the petitioner has an arrear of 32,257.54p/ up to March- 2018 and the o.ps also stated in their written version that one tested meter had been installed as per law and regulation in the premises of the petitioner and the bill will be revised after taking six consequtive billing months after new meter installation as per regulation 56 of OERC Distribution ( condition of supply ) code 2019 and the new meter was installed in the consumer’s premises dt.19.9.2019 .
On the above stand taken by the O.ps we verified the regulation - 86 and 93 (8) of OERC code - 2004 where it is stated that 86- energy charges are decided in the licenses tariff shall be paid on actual consumption of energy
93(8) provisional billing – The amount thus bill shall be adjusted against the bill raised on the basis of actual meter reading during subsequent billing cycle such provisional billing shall not continue more than one meter reading at a stretch if the meter is not assessable even if the next cycle the consumer will be served on 24 hour notice U/S 163(3) of the Act to open his premises for reading of the meter. And fixed time and date if the meter is not accessible at the fixed in the notice the supply may disconnect after serving 24 hour notice.
According our observation above it is our considered view that the ops have committed patent deficiency of service by providing the power supply without installing a meter in the premises of the petitioner and subsequently served the electricity bill on average/ contract load basis, for which a common man like the petitioner has been harassed which is not permissible in a sovereign democratic welfare society for which the petitioner suffered mental agony .As such to meet the ends of justice we allow the dispute .
Hence this order
The dispute is allowed against the o.ps. The ops are directed to revise the electrify bill of the petitioner on actual meter reading within one month after receipt of this order. The O.Ps s are also directed to adjust the amount ( if any) which has taken earlier and served the revised the electricity bill after deducting the amount taken earlier from the petitioner within one month after receipt of this order, failing which the O.Ps are liabel to pay Rs10,000/- ( ten thousand ) as compensation to the petitioner . The petitioner can recover the same by initiating proper proceeding of law .
This order is pronounced in the open Forum on this the 29th day of October, 2021 under my hand and seal of the commission.
