BIDYADHAR KHATUA Vs. EXECUTIVE ENGINEER ELECT

JUDGEMENT

(1.) IN this writ petition, the Petitioner has challenged the order dated 20th November, 2009 passed by the Ombudsman -I in Consumer Representation Case No. OM (I) - 44 of 2009.

(2.) THE factual backdrop of the case is as follows:

(3.) LEARNED Counsel for the Petitioner submitted that the Petitioner is not a consumer under 'Kutir Jyoti Scheme' and Regulation 80 of the Code is not at all applicable to the present case as the Petitioner is a consumer prior to 1998 when the Code came into force. As the Petitioner applied for load of 6 KW, his consumption is not excess from the said load and he is coming under the Orissa State Electricity Board (General Conditions of Supply) Regulations, 1981 (in short, '1981 Regulation'). According to the said provision, when the classification of consumer will change from domestic to commercial category, a notice is to be issued to the consumer directing to execute a fresh agreement. In the present case, while changing the consumer classification from domestic to commercial, a fresh agreement has not been executed. As per 1981 Regulation and 1995 Regulation, if it is found by the authorities that a consumer has been classified under a particular category erroneously, or has altered the purpose of the supply as mentioned in the agreement, the Board may alter the classification, call upon the consumer to execute a fresh agreement on the basis of the altered classification and may also revise the bills. If the consumer does not take steps within the time stipulated in the notice to execute the agreement, the Engineer may issue show - cause notice covering the period of clear seven days and after considering the explanation, if any, may disconnect the supply of power. However, on introduction of Orissa Electricity Regulatory Commission Regulation 02 of 1998, the "Classification of Consumer" is provided under Regulation 80 which reveals that a licensee may classify or reclassify the consumer into various categories from time to time as may be approved by the Commission and fix different tariffs and conditions of supply for different class of consumers. A domestic consumer also includes the occupants of flats in multi -storied buildings or residential colonies receiving power at single point for domestic purposes when connected load for nondomestic load exceeds 10% of the total connected load. In case the non domestic load exceeds 10% of the total connected load, they shall be treated as commercial or general purpose consumers as applicable. This shall not cover residential colonies attached to industrial establishment where power supply is drawn through the meter of the industrial establishment (Emphasis supplied). Learned Counsel for the Petitioner further submitted that the said provision was introduced in the year 1998 and since the present dispute is covering prior to that period, the said provision should not be applicable to the present case and the opposite parties should not have categorized the connection of the Petitioner as commercial one and both the forums below did not consider the said aspect at all. Therefore, the impugned order is liable to be interfered with.