Sri Sarat Kumar Rout, aged about 48 years

S/o: Sri Chandramani Rout,

At:Block Colony, Banka Sahi,

PO: Bhadrak, Dist :Bhadrak

                                   ………………………Complainant

                      (Vrs.)

1.         The Junior Engineer, Electrical,

            NESCO, Section-I, Bypass, Dist:Bhadrak

2.         S.D.O. Electrical, North Division,

            At: Bypass, Dist:Bhadrak

3.         Executive Engineer, Electrical

            North Electrical Division, Bypass,

            Bhadrak

                                     ………………………Opp.Parties

Order No.10 dt.29.04.2015:

                        Heard from both sides. The Complainant instituted this case on 05.01.2015 alleging disconnection of power supply to his premises by the O.Ps on 08.12.2014 without any rhyme or reason. There were no arrear outstanding dues against the Complainant. In spite of his repeated request when the O.Ps did not restore power supply, the Complainant filed this case praying for a direction to O.Ps to restore power supply immediately and for payment of litigation cost of Rs.10,000/- to him. However, considering the facts and circumstances of the case, ex-parte interim order was passed directing O.Ps to restore power supply to the premises of the Complainant within 3 days of receipt of this order and to file objection on the said petition along with written version. O.Ps without restoring power supply to the premises of Complainant, filed objection dt. 08.01.2015 on the interim petition dt.06.01.2015 filed by the Complainant stating therein that as per office record there was no disconnection of power supply and prior to filing of the case the Complainant has never intimated this matter to them. In support of their case, the O.Ps filed Xerox copy of letter No.2 dt.06.01.2015 of J.E.(Elect.), No.1,Bhadrak addressed to O.P.No.2 that power supply to Sarat Kumar Rout bearing Consumer No.BX-65971 has not been disconnected by him or any of his staff. Further, no complaint has been received by him or in the fuse call centre regarding disconnection of power. Under above peculiar facts & circumstances of the case, this Forum in its order dt.28.01.2015 directed the O.Ps to satisfy the Forum within 3 days whether electric connection is still in existence in the premises of the Complainant, failing which action will be taken u/s.27 of the C.P. Act for non-compliance of interim order fixing 31.01.2015. In the meanwhile, Complainant filed a petition on 16.01.2015 praying to direct the O.Ps to restore power supply and to cancel the false assessment made by O.Ps. Order sheet dt.31.01.2015 reveals that power supply was restored to the residential premises of the Complainant. So the only prayer of the Complainant that subsists is illegal disconnection power supply to his premises for which he has claimed Rs.10,000/- from the O.Ps.

                        During pendency of the case, on 16.01.2015 the Complainant filed a petition  stating therein the O.Ps have sent Final Assessment Order No.767 dt.31.12.2014 for Rs.29,789/-   only on 07.01.2015  by Regd.Post, which he received the same on 13.01.2015.        On perusal of the said assessment order we find some overwriting on letter number and date. While going through the spot verification report dt.13.10.2014 at 11.30 AM prepared by O.Ps 1 & 2, it is found that the consumer was availing power supply unauthorisedly by cutting the service wire before the meter. However, the exact bypassing load could not be ascertained due to non-cooperation of the consumer. There is also remarks that the consumer refused to sign. The provisional order issued by O.P.No.2 also does not bear the seal, date mode of dispatch particularly when it has been alleged that the Complainant refused to sign. On the other hand, the final assessment bears the seal, signature and date. It was dispatched through Regd.Post. Furthermore, the O.Ps  do not whisper a single word about this fact even though they had prepared spot verification report on 13.10.2011 except denying to have disconnected the power supply. Curiously enough if the O.P.No.2 was present on the date of spot verification, how he sought for clarification as to how disconnection of power supply was made to the premises of Complainant? All these things taken together go to show that spot verification report was prepared behind and back of the Complainant only to cover up their illegal disconnection that too within the pendency of the case with certain irregularities. Since the final assessment has been made behind and back of the Complainant without giving an opportunity of being heard the Complainant, properly serving the copy spot verification report and provisional assessment on him, the present case is maintainable under the provisions of C.P.Act. However, we direct the Complainant to approach the O.Ps for consideration of penalty imposed on him amounting to Rs.29,789/-. The O.Ps are directed to consider the case of the Complainant on the light of discussions made above.

                        Accordingly, the case is disposed of without any costs.

                   Member                                                               President