DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.C.CASE NO. 397 /2022
Hemanta Kumar Bisoi, aged about 51 years,
At/PO- Brahman Suanlo,Via – Balakati, Dist- Khordha
…. Complainant
-Vrs.-
1. S.D.O., T.P.C.O.D.L., Pipil, Dist – Puri
2. Adhikari Bisoi, aged about 80 years,
S/o- Arjun Bisoi.
3. Srimanta Kumar Bisoi, aged about 56 years,
S/o- Adhikari Bisoi.
(OPs 2 & 3 belong to At/PO- Brahman Suanlo,
Via – Balakati, Dist- Khordha)
…. Opp. Parties
For the complainant : Self
For the OPs : Exparte
DATE OF FILING : 03/12/2022
DATE OF ORDER : 19/06/2023
ORDER
S.TRIPATHY, MEMBER
1. This Consumer Complaint is filed by the complainant U/s 35 of the C.P.Act, 2019 alleging unfair trade practice against the OPs.
2. The brief fact of the complaint is that, the complainant, the OP No.2 & OP.No.3 were living jointly until there was a partition of residential house between OPs 2 & 3 and the complainant. After partition, the complainant lived on one side and OPs 2 & 3 lived on another side. The side on which the complaint resides the electric meter is installed which stands in the name of OP.2 bearing consumer No.03791470/ 80003450154. At the time of family partition arrear outstanding was due against the OP.2 and it was decided during partition that, all the members of the family would bear the cost of arrear. But, instead of collecting the arrear dues from OP.2, the TPCODL (OP.1) issued another new connection in the name of OP.3 bearing consumer number 04572948/80004130045. As a result of which, the OPs 2 & 3 did not pay the arrear dues . When the complainant enquired about this new connection, the J.E. assured that, the arrear dues would be collected from OPs 2 & 3. So, the complainant need not be worried and should pay his monthly bills regularly. After getting that assurance, the complainant kept on paying monthly electricity bill regularly. In the mean time, the arrear dues increased up to Rs.40,000/-. So, the complainant talked to the authorities and tried to reduce the arrear dues, but it could not be materialized. Also, he served a notice to the SDO, TPCODL, Pipil to settle the matter by collecting pending dues from OP.2 and by disconnecting the new connection issued in the name of OP.3. Despite all possible efforts, the complainant did not get a positive outcome. So, he decided to resolve his dispute before this Commission. Hence, this complaint.
3. On the other hand, upon notice, the OPs 1 & 2 did not appear before this Commission nor did they file their written version. OP.3 appeared but failed to file his version. Accordingly, all the OPs were set exparte and exparte hearing was taken up.
4 On perusal of the materials available on case record, it is observed that, OP.1 is the electricity service provider to OP.2 and OP.3. It is further observed that, there is arrear dues lying unpaid against the OP.2. After family partition between the complainant and OPs 2 & 3, the complainant is residing on the side where the electricity meter is installed. In the event of non-payment of arrear dues the supply of electricity would be disconnected which would solely affect to the complainant as he is now exclusively using that connection. With this apprehension, he has approached to this Commission for a direction to the OPs to resolve the dispute between them.
5. After evaluating all the materials, this Commission is of the considered view that, the complainant is not a consumer within the strict sense of the term as is used in C.P.Act. The electricity connection neither stands in his name nor has he obtained authorization from the OP.2 to file this complaint. If there is any arbitrary arrear calculation by the OP.1, then OP.2 may approach to this Commission for redressal. The complainant’s case is more a family dispute than a consumer dispute for which it bears no merit. Hence ordered.
ORDER
The complaint is hereby dismissed exparte against the OPs being devoid of merit.
The order is pronounced on this day the 19th June, 2023 under the seal & signature of the President and Member (W) of the Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt. M.Kanungo, Sr.Steno
