PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                       CONSUMER COMPLAINT NO. 85/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Maheswar Panda, Aged about 56 years,

S/O- Late Braja Kishore Panda,

R/O-Qr. No.s G-10/9, Near Gopabandhu Chhack, Po/PS-Burla,

Dist-Sambalpur-768017, Odisha.                                            ……….......Complainant.

Vrs.

1. The Sub-Divisional Officer(SDO) Burla,

Office at- PO/PS-Burla, Dist-Sambalpur-768017,Odisha.

2. The CEO, TPWODL Corporate Office, Burla

Office at- PO/PS-Burla,

Dist-Sambalpur-768017,Odisha.                 ..…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. B. K. Shroffz & Associates
2. For the O.P.s                       :- Samapika Mohanty, representative & others

Date of Filing:07.03.2023,  Date of Hearing :25.06.2024,  Date of Judgement :06.08.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant has been allotted Quarter No. G-10/9 under O/O-S/D/O/Rt. Bank Sub- Division, Burla and prior to that it was allotted to Mr. Prakash Sethi bearing Consumer No. 4113-3303-0015. The quarter was allotted since 20.02.2015. The O.Ps are compelling and demanding Rs. 1,23,581/- arrear and threatening to disconnect the power supply in case of non-payment. On 05.03.2024 a pleader notice was sent to O.P.No.1 Complainant is harassed and for deficiency in service filed the Complainant.
2. The O.Ps after appearance submitted that connection No. 4113-3033-0015 allotted in the name of Prakash Sethi and subsequently to the Complainant with a permitted load of 3 KW under LT/Domestic category. Supply has been extended since OSEB/GRIDCO period having mater No. LW615783.

Till March 2024 an outstanding of Rs. 1,23,933/- is outstanding in this connection. An amount of Rs. 82,678/- was lying outstanding against Prakash Sethi till May 2014 and supply was disconnected on 03.06.2014.

On Surveillance by the staff it was found that the occupant managed to reconnect unauthorisedly. Intermittently the Complainant in two occasions for regularisation of reconnection paid money. Again since the March, 2015 there was no payment made by anyone. Again in Sept. 2015 disconnection was made and the Complainant paid Rs. 1300/- towards arrear dues on 22.09.2015. Thereafter O.Ps came to know that Complainant is occupying the premises.

The Complainant taking help of certificate of Asst. Engineer, Sec-II, Right Bank Sub-Division, Burla occupied the quarter since 20.02.2015 and to avoid further pilferage of electricity and unauthorised use reconnection was given after payment of security deposit and reconnection charge. The Complainant is irregular in payment.

As per Regulation 17(vi) & 41 (c) of OERC Regulation, 2019 the charges are transmitted to Complainant.

The Complainant occupied the premises since 20.02.2015 but as per the officer record, the date of his occupation is 01.06.2014. As a contract labour the Complainant is residing as per verbal order of SDO, RBS, Burla. There is no deficiency in service of the O.P.s and complaint is liable to be dismissed.

3. Perused the documents filed by both the parties. The Complainant claiming to be in occupation of the premises G 10/9 quarter since 20.02.2015 whereas the O.P. from May 2014 claiming to be in occupation and use of unauthosied use of electricity. The O.P. further submitted that on 03.06.2014 power was disconnected. In Dec. 2014 and March 2015 Rs. 500/- and Rs. 500/- was deposited by the Complainant. As per verbal instruction of Asst. Engineer, RBS, Burla since 20.02.2015 occupation of  the Complainant has been certified. As per submission of the O.Ps the Complainant made several representation to O.Ps on 16.11.2020, 08.12.2023, 31.03.2024 and through advocate notice dated 04.03.2024 to claim the arrear from previous occupant but the O.Ps claimed the amount and issued disconnection notice dated 07.03.2024.

As per Regulation 17(vi) and 41(c) of the Supply Code, 2019 when the Complainant entered into occupation of the quarter agreed to pay the arrear outstanding and till date not taken any step against the previous occupant. The O.Ps have rightly demanded the arrear outstanding against the Complainant. The Complainant is also not paying the regular bill which reveals from the account statement submitted by O.Ps.

The Complainant has not come to the Commission with clean hand. Accordingly, complaint has no merit and dismissed. No cost.

Order pronounced in open court on 6^th day of August, 2024.

Supply free copies to the parties.