1. This Complaint is filed by the above named complainant inter alia alleging deficiency in service & unfair trade practice on the part of Ops for disconnection of electricity to the residential premises of the complainant without prior notice causing sufferings & mental agony to the complainant.
2. Complainant has prayed for an order directing the O.Ps to restore the electricity to the premises of the complainant and to declare the physical verification report issued on date 06.10.2023 of the OPS as null & void and to pay compensation of Rs. 50,000/- as compensation towards harassment & mental agony caused to the complainant and to pay Rs. 5,000/- towards litigation cost and to declare the services of the opposite parties as deficient with regard to the issue of erroneous physical verification report dt. 06/10/2023 & disconnection of electricity to the premises of the complainant without prior notice is arbitral and further prayed to grant all other relief(s) as the Hon’ble Commission may deemed fit & proper .
3. The facts of the complaint in brief are that, the complainant is a consumer of electricity being supplied by the  Opposite Parties vide Consumer No.904244080300 with contract load of 1.5 KW. He has been    paying   all the electric bill amount demanded by the OPs time to time as per the meter reading  there install in his premises .On dt.06.10.2023 the Op 4 & 5 entered the house of the  complainant in his absence and prepared a  false report that, the complainant is using  water motor, 7 nos. of bulb and induction.  When the petitioner came to his house he came to know that there is some allegation leveled by op staff against him, than he immediately contacted the OP No.1 on dt.07.10.2023 and requested him for personal verification to the premises of the complainant. Accordingly the OP 1 sent his staff and verified that, there is no by pas or hocking or not tempered with the meter  but in spite of knowing the facts the OP 1 unable to mitigate the problem of the complainant. On dt.10.10.2023 the complainant contacted the OP 2 and put his grievance but the Op 2 also kept silent and finding no alternative the complainant lodged an FIR at Chilguda Out Post against the persons who came to the house of the complainant in his absence on dt.06.10.2023.It is further alleged that, on dt.02.11.2023 the Ops arbitrarily disconnect the electric connection from the house of the petitioner without giving any prior notice to him for which the complainant suffered a lot. Hence, this complaint.
4. Being notice the O.Ps appeared through learned counsel Shri N.R.Mishra  but failed to file their written version within the stipulated period as prescribed  under C. P. Act 2019. However during hearing of this complainant the learned counsel for the Ops filed a memo challenging the maintainability of this complainant in view of order passed by the Hon’ble High Court of Orissa in W.P© No. 1704 of 2020 .
5. The complainant remaining absence consistently during hearing of this complaint. However, record is taken up to decide on merits as per the provision there contended under section 38(3)( c)   of C.P.Act 2019.
6. Heard the learned counsel for the Ops present who has given much emphasis on the order dt. 16.05.2023 of the Hon’ble High Court of Orissa passed in W.P(c) No. 1704 of 2020 and urged to dismiss this complaint as not maintainable before this Commission .We have gone through the said Order of the Hon’ble High Court of Orissa which is decided on different facts & circumstances as such we are not agreed with the submission of the learned counsel present for the Ops.
7. Perused the material available on record. Complainant is a consumer of electricity vide Consumer No.904244080300 is not disputed. The complainant has raised deficiency in service & unfair trade practice on the part of Ops for disconnection of electricity to the residential premises of the complainant without prior notice causing sufferings & mental agony to the complainant and further alleged that on  dt.06.10.2023 the Op 4 & 5 illegally entered the house of the  complainant in his absence and prepared a  false report that, the complainant is using  water motor, 7 nos. of bulb and induction caused financial burden & mental agony to the complainant.
8. As per Sec.38(6) of C.P.Act,2019 every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record ; as such it casts an obligation on the District Commission to decide the complaint on the basis of evidence brought to its notice by the complainant and the service provider/seller, irrespective of whether the service provider/seller adduced evidence or not. The decision of the District Commission has to be based on evidence relied upon by the complainant. The onus thus is on the complainant making allegation.
9. The complainant sought for an interim relief accordingly dt 24/11/23 this Commission had  directed the Ops  to restore the power supply to the premises of the complainant upon which the Ops have restored the electricity to the complainant on 30/11/2023 since then the complainant did not turn up  to participate in the further hearing on this case.
10. No evidence on affidavit as prescribed in C.P.Act 2019 is adduced by the complainant. The photo copy of documents filed by the complainant as per list along with his complainant petition without  authenticated by fundamental evidence that, the photo copy is in fact a true copy of the original may not be accepted as evidence,(Reliance placed on the ratio of judgement of Honourable Supreme Court in M.Chandra Vrs. M. Thangamuthu & another ,reported in 2010(ii) CLR (SC) 746 :(2010) 9 SCC 712 ) .Here the  complainant has failed to adduce any cogent evidence  to substantiate his claim.
11.  Law is well settled that, complainant is to prove deficiency in service as alleged against the Ops but here the complainant failed to prove any negligence & deficiency of service on the part of the Ops.
12. Based on above facts & circumstances and settled principle of law, we are of the opinion that this complaint sans merits. Hence , dismissed against the OPs on contest. However, no order as to cost.

Dictated and corrected by me

         Sd/-                  

  President

                  I   agree.                                Sd/-

                                                        Member                                   

  Pronounced in open Commission today on this   20^th March 2024 under the seal and signature of this Commission. The pending application if any is also disposed off accordingly.

 Free copy of this order be supplied to the parties for their perusal or party may download the same from the Confonet be treated as copy served to the parties. Complaint is disposed of accordingly.