Orissa

Sambalpur

CC/133/2023

John Russell - Complainant(s)

Versus

1. S.D.O., TPWODL, Bhutapada, Sambalpur - Opp.Party(s)

Sri. A. Nayak & associates

02 Apr 2024

ORDER

District Consumer Disputes Redressal Commission, Sambalpur
Near, SBI Main Branch, Sambalpur
Uploaded by Office Assistance
 
Complaint Case No. CC/133/2023
( Date of Filing : 01 Sep 2023 )
 
1. John Russell
Aged about 57 years, S/o- George Russell, R/O-Kulutkani, PO/PS-Dhanupali, Dist-Sambalpur-768001.
...........Complainant(s)
Versus
1. 1. S.D.O., TPWODL, Bhutapada, Sambalpur
PS-Dhanupali, PO-Sambalpur-768001.
2. 2. J.E. TPWODL, Bhutapada,
Sambalpur, PS-Dhanupali, PO-Sambalpur-768001.
3. 3. C.E.O., corporate Office, TPWODL Burla,
PO/PS-Burla, Dist-Sambalpur-768017.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Dr. Ramakanta Satapathy PRESIDENT
 HON'BLE MR. Sadananda Tripathy MEMBER
 
PRESENT:
 
Dated : 02 Apr 2024
Final Order / Judgement

PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                       CONSUMER COMPLAINT NO. 133/2023

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

John Russell,

S/o- George Russell,

R/O-Kulutkani, PO/PS-Dhanupali,

Dist-Sambalpur-768001.                                                                  ….…......Complainant.

                                    -Vrs.-

  1. S.D.O., TPWODL, Bhutapada, Sambalpur

PS-Dhanupali, PO-Sambalpur-768001.

  1. J.E. TPWODL, Bhutapada,

Sambalpur, PS-Dhanupali, PO-Sambalpur-768001.

  1. C.E.O., corporate Office, TPWODL Burla,

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

 

Counsels:-

  1. For the Complainant         :- Sri. A.Nayak, Adv.
  2. For the O.P. s                      :- Sri. Swapinl.Ku. Nanda, Mrs. Parika Gupta,

Miss. Samapika Mohanty

 

Date of Filing:01.09.2023,Date of Hearing :03.01.2023,Date of Judgement : 02.04.2024

 

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

  1. The case of the Complainant is that the Complainant is a resident of Kulutkani, Sambalpur Town Unit No.3 and a customer of the O.Ps and paying bills regularly. Since last one year infront of gate of the Complainant high voltage cable wire of TPWODL is hanging for which repairing of house work is hampered, it is also endangered the lives. Sometimes due to hanging position sparking due to short circuits/air motion/rain creates chaotic situation. No tenant is willing to stay in the house since last two years and loosing Rs. 10,000/- per month.

On 24.06.2023 the staffs of O.Ps came for arrear bills. Complaint made about hanging wires but disconnected the supply line of the Complainant. Complainant went to the office of O.P. No.1 & 2 several times but no action was taken. On 24.08.2023 again they came, demanded huge money and prepared a false bill of Rs. 1.00 lakh and more.

Being aggrieved complaint was filed.

  1. The O.Ps in reply submitted that the complaint is not maintainable as it reveals to shifting of electric line. The Complainant is not a consumer of the O.Ps. The wires as alleged are fibre optic cables used for the purpose of high speed internet by Telecom Deptt.

The Complainant is having Consumer No. 4161-3109-0476 with permitted load of 2KW under LT/domestic category since 21.03.2012. As a regular defaulter Rs. 1,00,622/- upto September 2023 is lying outstanding.

Electrification has been made since the period of OSEB/GRIDCO through 11KV as well as LT supply line passing along the public road. After erection of electric line Complainant constructed building. Initially the area was electrified through open conductor during OSEB period but during TPWODL both the LT line and 11 KV supply line have been replaced with AB conductor(insulated). The said line has been passing along the public road more than 1.2 mtrs (horizontal clearance) from the building of the Complainant is compliance to the Rules, 1956 and the central Electricity Authority (Measures relating to safety and Electricity Supply) Regulations, 2023. The electrical network has been erected much earlier than the Complainant constructed his house. The Complainant has not followed Rule 82 of the Electricity Rules, 1956.

The Complainant till 09.08.2023 is having outstanding of Rs. 1,00,543/- for which disconnection notice was given. The Complainant failed to pay the outstanding dues for which power supply was disconnected on 21.08.2023. During physical verification on 19.10.2023 the Complainant reconnected the supply line unauthorisedly. The Complainant refused to sign the PVR.

There is no deficiency in service of the O.Ps.

  1. Perused the documents filed by both the parties. The Complainant filed photographs showing the passing of wires in front of his house and disconnection notice.

The O.Ps filed clear photographs of the passing of wires infront of the house of Complainant. Bills upto October 2023 & PVR dated 19.10.2023.

  1. From the statement and documents filed by the parties it reveals that the Complainant is very irregular in payment for which an amount of Rs. 100662. 90P is lying outstanding in October 2023. The O.Ps issued disconnection notices and it is admitted by the Complainant. The O.Ps on 21.08.2023 disconnected the power supply. From PVR dated 19.10.2023 it reveals that without any information the Complainant reconnected the supply.

The Complainant alleged the hanging of high voltage cable but the O.Ps clarified that high speed cables of telecom department is passing by which is clear from the photographs submitted by both the parties. The Complainant to avoid payment brought the high voltage cable wire story to divert the attention.

The Complainant has not come to the Commission with clean hand.

Accordingly, the Complaint is devoid of any merit and dismissed.

Order pronounced in the open court on this 2nd day of April 2024.

Supply free copies to the parties.

 

 
 
[HON'BLE MR. Dr. Ramakanta Satapathy]
PRESIDENT
 
 
[HON'BLE MR. Sadananda Tripathy]
MEMBER
 

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