STATE ^{CONSUMER DISPUTES REDRESSAL COMMISSION,} ODISHA,C UTTACK FIRST ^APPEAL NO. 126 ^{OF 2020} (From an ^{order dated 09.9,2020} p M a a s l s k e a d n gi b r y ii n t C h . e C . D N is o tr .1 ic 4 t o C f o 2 n 0 s 2 u 0 m ) e r Disputes ^Redressal Commission, Sub-Divisional Officer, TPSODL, Malkangiri Electrical Division, At/Po/Ps/Dist- Malkangiri Appellant Vrs.

Prafulla Kumar Swain, ^{aged about} 71 years, SloL ate Bharat ^Swain, Resident of ^{Durgagudi Sahi,} Jagannath Temple Street, At/Po/Ps/Dist- Malkangiri Respondent M/s ^P.K.Tripathy andA ssociates For the appellant For the respondent None PRESENT:

OFFICIATING PRESIDENT, THE ^{HON'BLE SHRI D.K.MOHAPATRA,} AND MISS S.L.PATTNAIK, MEMBER DATED ^{THE 12th} APRIL, ²⁰²⁴ ORDER SRI D.K.MOHAPATRA,OFFICIATING PRESIDENT is Learned counsel for ^{the appellant is present. Respondents} absent on call.

Since ^{the matter} 0s of ^{the year 2020, we dispose of the appeal on} the ^{basis of materials available on record.}

The case of ^{the complainant is that the complainant is consumer}

2.

He ^was No.713101030116.

under the ^Opp..Party vide ^Consumer paying ^the energy charges regularly. ^{Complainant deposited the} electricity bill tillA ugust, 2014 and in ^{the month} of ^{September, 2014} the meter ^{became defective as such the electricity company issued a} provisional bill ^{which was} paid by ^him. It is ^{further stated} that on 20.12.2014 some ^{unknown persons identifying themselves as staffs of} Southco ^{inspected the meter and took his signature} in a ^{blank form.} On ^{22.12.2014 complainant received a}s how cause notice ^{from the OP} mentioning ^to submit ^{his reply} within seven ^{days as to} why ^{he shall} not pay Rs.45,020/-. The ^{complainant submitted his reply on 23.12.2014} to OPs. Being ^{mentally harassed, the complainant filed the Consumer} Complainwt ith prayer ^{to direct the Opp.Party to waive out} allt he illegal dues and to pay ^{Rs.50,000/- towards compensation for} mental agony and ^{Rs.10,000/- towards litigation expenses.}

3. On being ^{noticed, OP} filed written ^{version. stating that} they had visited ^{the premises of the complainant on 20.12.2014 and found the} electricity supply was ^{without any meter for} which they ^issued provisional assessment ^order U/s 126 ^{of Electricity Act, 2003 and after} receipt of ^{objection from complainant final} assessment ^{order passed} for Rs.13,601/- on 20.1.2017.

4. After ^hearing the ^learned District ^Commission passed the impugned ^{order directing the OP to waive out the arrear amount of} Rs.13,601/- being ^{demanded at a belated stage and the complainant} was ^{directed to pay the monthly electricity charges regularly.}

5. Challenging ^{the impugned order, the appellant-} Opp.Party has filed the ^{present appeal.}

6 During ^{course of} hearing learned counsel for ^{the appellant} submitted that ^{on 20.12.2014 inspection was made by the Officers of} the ^Electricity Department. Thereafter on 20.12.2014 provisional assessment order was ^{issued asking the complainant} to file ^his objection. ^{Complainant filed the objection, thereafter final} assessment order was passed ^{on 20.1.2017 demanding} Rs.13,601/- after a ^period of two years. Learned ^{counsel for the appellant submitted that the} complainant has ^{filed the C.C.No. 202 of 2014 challenging the} provisional assessment order, before learned ^District Commission, which was dismissed ^{by learned District Commission holding that} as ^{the dispute relates} to the ^{provision Uls 126 of the Indian Electricity} Act, 2003 ^{the forum} hasno ^{jurisdiction for adjudication. After dismissal} of CC No. 202 ^{of 2014 the electricity department issued the} bill, ^{as the} complainant not paid ^{the electricity dues} disconnection ^{notice was sent} the to ^complainant. Challenging the said action ^{of OPs/appellant,} complainant has filed the ^present consumer complaint No. 14 ^{of 2020} in which the learned ^District Commission has directed ^{to waive out of} the final assessment ^{amount which was} passed ^{u/s 126 of the Ihdian} Electricity Act, ^{2003. Counsel of appellant submitted that although the} learned District Commission ^{has dismissed the C.C.No. 202 of 2014} o