PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No- 82/2022

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Raju Das,

S/O-Late Jitendra Nath Das,

R/O-Machhpada, PO/PS-HIrakud,

Dist-Sambalpur-768016.                                                      ……….......Complainant.

Vrs.

1. H.R. Corporate Office, TPWODL Burla, Sambalpur,

PO/PS-Burla, Dist-Sambalpur-768017.

2. The Executive Engineer, Sambalpur Distribution

Division, Ainthapali, Sambalpur-768004.

3. The S.D.O. Electrical Distribution Sub Division, Burla

PO/Ps-Burla Dist-Sambalpur-768017.

4. The Junior Engineer, Electrical Distribution

Section, Hirakud, Po/Ps-Hirakud,

Dist-Sambalpur-768016.                                     …..……….Opp. Parties

Counsels:-

1. For the Complainant       :- Self
2. For the O.P.s                     :- Sri. S. Nanda, Legal Officer, TPWODL

Date Of Filing :31.10.2023,Date Of Hearing :18.07.2023, Date Of Judgement : 21.08.2023

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has purchased a land from one Smt. Sibani Pal on 23.09.1980 and constructed a dwelling house over the same land and residing there on. Further the mother of the Complainant namely Smt. Kamal Das purchased a land and constructed a house and has taken an energy connection for that house. The mother of the Complainant is alive and residing in the same house. The Complainant applied for new energy connection for his house and deposited Rs. 4412/-. But TPWODL denied to provide the same, showing aplea that a huge amount is pending in the name of his mother Kamala Das. So, TPWODL is unable to give energy connection to the Complainant. The Complainant is now unable to use electricity. The Complainant has given a pleader notice on 03.03.2022 but no reply made by the OPs. The Junior Engineer Electrical Distribution, Hirakud is threatening the Complainant to pay the outstanding energy bill of his mother otherwise the TPWODL will take action against the Complainant.
2. The Show-Cause of the OPs is that an electric connection has been extended in the name of his mother with a permitted load of 2.00 KW under LT Domestic category. Against the same connection now there is an outstanding dues of Rs. 1,63,020/- up to February 2023. Pursuant to the application of the Complainant for a new connection, pending verification of the documents the OP No. 4 inspected the premises to which new connection was sought for and during such inspection/inquiry it was found that there is an outstanding arrear of Rs. 1,63,020/- against the mother of the Complainant. The Complainant has been intimated to clear the outstanding dues of his mother to avail the new connection as per provision under Regulation 17 (i) of the OERC Distribution (Conditions of Supply) Code, 2019. As per the said provision if the applicant in respect of an earlier agreement executed in his/her name or in the name of his spouse, son, daughter, parents, is in arrear of electricity dues for the same premises or his/her other premises, the application for supply shall not be allowed by the engineer until the arrears are settled and paid in full. After verification of the online application for new connection, the Complainant did not submit the required land documents for which his application could not be processed. The copy of Municipal payment receipt as submitted by the Complainant is not the proof of ownership of the premises in question. Since the Complainant did not comply the statutory formalities new connection could not be extended to the premises of the Complainant and the deposited amount after deduction of GST will be refunded subject to confirmation of his bank account details. It was clearly mentioned in replied to the pleader notice dtd. 15.03.2022. However, he failed to do so, and his application has been put on hold for non-clearance of the previous electric dues in terms of Regulation 17 (1) of OERC Supply Code 2019. So the Complainant is not entitled to any relief & the instant complaint filed by the Complainant is liable to be dismissed.  
3. From the supra discussion, evidences and documents submitted by the parties, it is observed that there is separate dwelling house of the Complainant and his mother. The Complainant has deposited Rs. 4412/-.toward separate electric connection for his premises and the OPs have also received that amount but has not given electric connection. However, as per the version of the OPs the Complainant did not submit the required land documents for which his application could not be processed..  Hence, the Complainant is advised to deposit the land documents along with other required documents and the OPs are directed to install a new electric connection in the premises of the Complainant after receiving the required documents from the Complainant. Regarding the outstanding dues of the mother of the Complainant, this Commission is not competent to deal the matter. So the Complainant is advised to take shelter before appropriate forum which has been established under law. Accordingly, the case is dismissed on contest.

                       Order pronounced in the open Court today on 21^st day of August, 2023.

                       Free copies of this order to the parties are supplied.