PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                      CONSUMER COMPLAINT NO. 167/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Santosh Kumar Swain,

W/O-Late Rasananda Swain,

R/O-Laxminarayan Lane, PO-Town,

Dist-Sambalpur-768001, Odisha.                                          

Mob No. 9437481841                                                   ….…......Complainant.

                                    -Vrs.-  

1. Executive Engineer TPWODL Sambalpur Electrical Division,

Ainthapali, Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur-768004, Odisha.

2. Head Human Resources Department, TPWODL, Burla

PO/Ps-Burla, Dist-Sambalpur-768017, Odisha   .…………........Opp.Parties

Counsels:-

1. For the Complainant         :- Self
2. For the O.P.s                      :- Sri. S.K. Nanda & Parikha Gupta & Samapika Mohanty

Date of Filing:09.10.2023,Date of Hearing :30.01.2024,Date of Judgement :11.03.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant is having his residential house in Laxminarayan Lane, Sambalpur and the Complainant is a consumer. Electric pole No. 30701038 has been band towards his house and attached to balcony. The electric wire can be caught by hand easily. Several request were made but it was in vain. Once the nearby house caught fire and it was checked by neighbors. On 21.06.2021 complaint No. 210621000063 made at Budharaja customer care center but till date no replacement made. Being aggrieved complaint has been filed.
2. The O.Ps in their version submitted that removal of electric pole erected on the public road infront of residence of complaint is the dispute which is not maintainable before this commission. The case suffers from non-joinder of necessary parties. As per Regulation 77, 79 & 80 the consumer is to give in writing his intention to the supplier. After scale drawing of the proposed building or structure and after examination send a notice to such person together with an estimate. To alter over head line deposit is to be made within 30 days. Thereafter the supplier ensure compliance of Rules 77, 79 & 80 of the Regulation. Installation has been made since OSEB regime. The Indian Electricity Rules, 1956 and the Central Electricity Authority (Measures relating to safety and supply) Regulation, 2023 has been followed.

The Complainant lodged a complaint before the O.P. in 2021. The team of O.Ps examined the situation, the nearby residents created resistance in the work of O.Ps as the said pole provides electricity to all the residents. The Electrical Inspector is the competent authority to deal the matter. There is no deficiency on the part of the O.Ps.

3. In course of hearing the Complainant submitted electricity bill in connection with consumer No. 411722020129 is in the name of complaint. The O.Ps submitted that the Complainant is not a consumer is not acceptable. It is true that as per Regulation 77 the pole has been installed at a place mutually agreed upon so as to have unobstructed access of power supply can be made. The O.Ps further submitted that from OSEB time the pole has been installed and when complaint was made in 2021 the staff went to the spot but the nearby consumers obstructed. Replacement of the pole is not possible. From the photographs submitted by Complainant it reveals that the pole has been installed in corner of the boundary wall of complainant and from three side electrical connection has been taken by neighbor consumers. The electrical pole tilted about 2 to 3 feets towards inside the outer boundary of the Complainant and thereby the L.T. connection cable from one pole to another pole entered into boundary wall and just adjacent to the balcony. In such situation the O.Ps can not shift their responsibility to the Electrical Inspector as it is admitted by O.Ps that complaint has been made, neighbourers protested etc.

Electrical supply is guided by the central Electricity Authority (Measures relating to safety and Electric Supply) Regulations, 2023. Both the parties agreed to install the pole in the outer corner of the boundary wall that can not be replaced but it is that duty of O.Ps. when complaint made, to ensure that there should be safety and security of the consumer and his family members. Accordingly we are of opinion that the electric pole can not be replaced from the installed place as other consumers will be affected. But the O.Ps till date not made the pole perpendicular which is tilted towards the house of the Complainant. It proves the deficiency in service of the O.Ps.

4. As per regulation 77, 79 & 80 the Complainant is at liberty to follow the procedures and incase of deposit of estimated cost the O.Ps shall shift the pole to suitable place.

With the Supra observation it is concluded that this Commission has jurisdiction to see that any service hazardous or likely to safety of the consumers and injurious to life and safety can interfere. Accordingly it is ordered:

ORDER

The complaint is allowed on contest against the O.Ps. The O.Ps are directed to make the tilted pole perpendicular so that the L.T. wires/cable should not enter into premises of the Complainant or pass near the balcony. The process should be completed within one month of this order. In case of non-compliance the O.Ps shall be liable to pay compensation of Rs. 5.00 lakhs to the Complainant. For deficiency in service compensation of Rs. 10,000/- and legal expenses of Rs. 5000/- shall be paid by the O.Ps.

Order pronounced in the open court on this 11^th day of March 2024.

Supply free copies to the parties.