State Consumer Disputes Redressal Commission
M/S Maruti Re-Rollers (P) Ltd, vs Western Electrical Supply Company Of ... on 26 June, 2020
STATECONSUMER DISPUTES REDRESSALCOMMISSION,ODISHA,CUTTACK
C.D.CASE NO. 27 OF 2003
M/s Maruti Re-rollers (P) Ltd,
S.D.D.Commercial Complex,
Kachery Road, Rourkela - 12.
... Complainant
Vrs.
1. Western Electrical Supply Company
of Orissa Ltd (WESCO) Represented through
its Managing Director, Burla, Sambalpur
2. Executive Engineer, WESCO,
Rajgangpur Electrical Division,
Rajgangpur
... Opp.Parties
____________
For the complainant : M/s B.M.Patnaik & Associates
For the Opp.Parties : M/s B.K.Patnaik & Associates
_____________
P R E S E N T:
THE HON'BLE DR.JUSTICE D.P.CHOUDHURYJ, PRESIDENT
AND
DR. SMARITA MOHANTY,MEMBER
DATED THE 26th JUNE, 2020
ORDER
DR. SMARITA MOHANTY,MEMBER In course of physical verification of records it was noticed that this case record has remained in a non-put up stage since 2 27.4.2004. The matter was listed on 15.11.2019, when intimation was issued to both parties by the office of this Commission fixing 4.2.2020 for further orders. However, matter was put up on 16.6.2020. None appeared on 16.6.2020. Notices were made sufficient as more than 30 days have elapsed from the date of intimation. As the matter is of the year 2003, we are inclined to go through the pleadings and materials available on record and dispose of the matter.
2. The present consumer complaint has been filed by Managing Director of M/s Maruti Re-rollers (P) Ltd. against the opposite parties-WESCO.
3. The brief facts of the case are that complainant has set up an industrial unit for his self employment. He availed power supply from opposite parties at a common Feeder Point, from which power supply was shared by two more industrial units. It was pointed out by opposite parties that there was pilferage of power from the common Feeder Point. Opposite party no.2 3 issued letter no. 4718 dated 11.10.2002 for audit of meter and proposal of installing of Check Meter on LT side of Transformer. It was alleged that without intimation opposite party visited his unit. Due to the raid conducted by the officers of opposite parties and threatening for disconnection of power supply, complainant filed a complaint challenging the notice served on him with a prayer to quash the disconnection notice and further claimed compensation of Rs.5,75,000/- along with interest @ 18% p.a.
4. After notice opposite parties appeared through counsel and filed written version. Challenging the maintainability of the case O.Ps. contended that three consumers (industrial units) are availing power supply from one Feeder Point and consumption is recorder by the HT (11KV) meter installed at such Feeder Point. On inspection it was found that the three units indulged in unauthorized abstraction of power by tampering the meter. Due to such unauthorized abstraction of power a penal bill amounting to Rs.5,15,160/- was raised against complainant. An 4 energy audit was conducted for the period from 1.1.2003 to 16.1.2003. It was found that 47% of energy loss occurred at Feeder Point shared by three units including complainant's unit resulting huge financial loss to opposite parties. It was felt necessary to install meter to the LT side before the distributing meter of the industrial units to ascertain the amount of energy supplied to the consumers and the consumption of energy by the respective units. Accordingly, complainant was informed about the installation of a check meter at LT side vide letter no. 4718 dated 11.10.2002. It was further contended that complainant is a habitual defaulter in paying the electricity dues and arrear of Rs.6,84,026.85p is outstanding against him till December'2002. Complainant being a defaulter and committing theft of energy has no locus standi to come before this Hon'ble Commission for equitable relief.
5. We perused the complaint petition and written version along with the materials adduced by both the parties. 5
6. On perusal of materials on record, it has come to light that on 06.8.2001 an inspection of meter was held by the OP at Company site and found meter defective. Letter no.4718 dated 11.10.2002 was served on complainant intimating for installation of check meter. Objecting such action of opposite parties, complainant represented vide letter dated 11.11.2002. Thereafter Electrical Inspector, Rourkela communicated Executive Engineer (Electrical), Rajgangpur vide letter no. 286 dated 1.2.2003, to go for energy audit of complainants' unit along with other two units. On such directions energy audit was conducted and report was prepared which was served on complainant vide letter no. 652 stating that there has been pilferage of power supply for which meter check be installed otherwise there shall be disconnection of power supply.
7. From the above materials it is clear that there has been unauthorized abstraction of power supply by complainant and there is no deficiency in service on the part of the OP under OERC Distribution (Conditions of Supply) Code, 1998. For any 6 grievance against the report of opposite parties complainant ought to represent before the appropriate Forum under OERC Distribution (Conditions of Supply) Code, 1998 as this Commission cannot deal with the technicalities of electrical apparatus. Moreover, as per the settled principle laid down by Hon'ble Supreme Court in U. P. Power Corporation Ltd. & Others vs. Anis Ahmad, (2013) 8 SCC 491, that issues relating to theft of energy is outside the purview of Consumer Protection Act.
8. In view of the above discussion, complaint is dismissed. No cost. Free copy of this order be supplied to both the parties.
...............................
(Dr.D.P.Choudhury,J President ......................
(Dr.S.Mohanty) Member Cuttack Date: 26.6.2020 7