MR. BIJOY KUMAR DAS, PRESIDENT:-

                        Deficiency in service in respect of not-providing a new electric service connection are the allegations arrayed against Ops.

2.                     Complaint, in brief reveals that, Complainant is lawful owner on Plot No. 16/1, Khata No. Nil, Mouza- Bhogeswarpur and in order to avail a new electric connection applied before Op No.1 in completion of official formalities. The Op No.1 after inspection rejected the application of the complainant on grounds that an arrear outstandings of Rs. 2,98,151/- is pending against the consumer No. IKKI-076 and on the another ground that, no LT Network is available within the 30 meters from the proposed spot of new service connection. It is the allegation of the complainant that no arrear outstandings is pending against consumer No. IKKI-076 and OP No.1 is illegally rejected the application of the complainant for new service connection and has committed deficiency in service, which caused financial loss and mental agony to the complainant. The cause of action of the instant case arose on dt. 27.04.2017, when the Op No.1 refused to provide the new service connection. In the complaint, it is prayed that a direction may be given to Op No.1 to provide a new service connection and to pay Rs. 30,000/- towards compensation for mental agony.

3.                   Asst. Manager Commerce, Enzen Global Solution Pvt. Ltd., OpNo.1 of the dispute appeared through their Ld. Counsel Mr. P.K.Samal and Associates and filed written version to the dispute. The written version of Op No.1 reveals that, Complainant purchased a Plot from Rebatirani Satapathy vide Khata No. 55, Plot No.16, Area AC 0.02 dec. and after its mutation the Khata No. is recorded as 45/47, Plot No. 16/233, Area AC 0.02 dec. It is also averred that, as per the report of AMC to the complainant vide letter No. EGS/KED-1/16-17/178 an  arrear   amount   of Rs. 43,607/- is pending upto 1/2017 against consumer No. 01051088 and an arrear   amount of Rs. 3,00,722/- against consumer No. IKKI-076. Both the consumers are having one premises with complainant and being brother and mother of the complainant. It is further averred that as per Regulation 10(i) of OERC rules and regulations-2004 as there was huge arrear outstandings are pending on the same premises, unless the outstandings are cleared, no new service connection can be provided to the complainant. It is the case of the Op No.1 that, Smt. Rebatirani Satapathy just to avoid the payment of arrear outstandings has made a nominal transfer of land in favour of the complainant. It is also stated that, if the outstandings are cleared the Op No.1 is ready to provide new service connection, accordingly the complaint bears no merit and liable to be dismissed with cost.

                        Rebatirani Satapathy newly added Op no.2 appeared  into the dispute  and filed written statement. The written statement of Op No.2 reveals that, Rebatirani Satapathy transferred AC 0.02 dec. of land out of AC O.11dec in favour of the complainant corresponding to Hal Plot No.16, Hal Khat No.55, Mouza- Bhogeswarpur by way of Registered Sale-deed. The written statement also reveals that after purchase and mutation  of the land complainant obtained a new R.O.R. in her favour and as per the R.O.R. the Plot No. is 16/1 and Khata No. 45/47, Area AC 0.02dec. It is further averred that, there is no electric connection over Plot No. 16/1 and the only existing connection to Op No.2 is situated over Plot No. 15. It is the plea of the Op No.2 that, Op No.1 without any valid reason is not providing a new connection to her complainant-daughter with an ulterior motive for which complaint is suffering a lot.

4.                     Heard the Complainant and Authorized Representative of Op No.2 also heard the Ld. Counsels for the Op no.1, perused the documents filed by the parties. Complainant to substantiate her case filed copy of letter addressed to Op No.1 dtd.18.03.2017 alongwith Postal receipt and Xerox copy of letter issued by Op no.1 on dtd. 11.03.2017. Op no.1 filed attested Xerox copy of letters addressed to complainant by Op No.1 on dtd. 11.03.2017 another letter dtd. Nil. Op No.1 also filed attested Xerox copy of R.O.R. (2 sheets) published in the name of Rebatirani Satapathy  and another one recorded in the name of the complainant Jyoshnarani Panda along with copies of consumer billing statement of Op No.2 bearing consumer No. IKKI-076 and another consumer billing statement of Ananta Ballava Satapathy bearing consumer No. 01051088.

                        The admitted facts of the case are that, complainant purchased AC 0.02 dec. of land out of the  total area of AC 0.11 dec. of land from her mother Op No.2, Rebatirani Satapathy corresponding to Hal Plot No. 16, Hal Khata No.55, Mouza- Bhogeswarpur. Subsequently, after mutation complainant is the exclusive owner and in possession in the said Plot. It is also admitted that complainant’s application for new service connection is rejected by Op No.1, on the ground that a huge arrear outstandings are pending against the family members including the mother Rebatirani Satapathy, OpNo.2.

                        The written statement of Op No.1 and letter bearing No. EGS/KED-1/16-17/178 and letter No. EGS/KED-1/16-17/179 addressed to complainant and the documents presented before us reveals that complainant Jyoshnarani Panda purchased AC0.02 dec. of land from her mother Rebatirani Satapathy out of AC 0.11 dec. of land from Plot No.16, Khata No.55 of Mouza-Bhogeswapur. After purchase of the said land by Complainant and on its mutation the accurate purchased Plot No. is not disclosed before this Forum. Though the Op No.1 electricity authority filed attested Xerox copy of R.O.R. published on the name of complainant Jyoshnarani Panda reveals that after transfer of property to the complainant corresponding to Hal Khata No.55 the Hal Plot No. is  16/233,  though  the  Op No.2   transferor of the Plot in her written statement discloses that after mutation the new Plot No. of complainant is 16/1, but no document is presented to support her version. Equally, Op No.1 does not file the application from submitted by complainant required for availing the new electric connection to ascertain the exact Plot No. of the complainant, where the new electric connection is applied for. But the fact is that Complainant had purchased AC 0.02 dec. of land from Hal Khata No. 55 which converted to Khata No.  45/47 as revealed from the attested Xerox copy of R.O.R. and written statement of OpNo.2. Op No.1’s plea for recovery of arrear dues U/R 10(i) of the OERC-2004as amended upto 2011, the arrear outstandingas pending against consumer No. 01051088 recorded in the name of the Annataballava Satapathy the brother of the complainant can’t be recovered from the complainant as Regulation 10(i) of OERC-2004 does not empowered the Op no.1-Authority to recover the arrear dues which are pending against complainant’s brother as the brother of the complainant does not fall into the category mentioned in said Regulation. However, 10(vi) of OERC-2004 amended upto 2011 in Chapter III of ‘Power supply’ empowers electricity authorities to collect the arrear outstandings from the legal representative or successor-in-law or new owner/occupier or from the prospective new consumer which are pending against the erstwhile owner/occupier of any land / premises. So it is adundently clear that, Complainant being a  lawful owner/prospective consumer under Ops is legally bound to clear up her  share of arrear outstandings pending against the erstwhile owner in accordance with the Regulation 10(iii) of OERC-Code-2004as amended upto-2011. During course of argument Authorized Representative of Op no.2 submitted that for revision of arrear outstandings on consumer No. IKKI-076 recorded on the name of Rebatirani Satapathy a consumer complaint has been filed bearing C.C.Case No.22/19 and also further submitted that she is ready to pay the arrear outstandings, if any in connection to consumer No. IKKI-076 as per the direction of this Honbl’e Forum. Under Regulation 10(iii) of OERC Code ‘Power supply’ defines that in case of a division  of  property  the  outstanding  dues  for the consumption of energy on suchpremises, if any, shall be divided on prorata basis based on area of subdivision. In the instant dispute complainant is the lawful owner and in possession of AC 0.02 dec. of land out of total area of AC 0.11dec. of land. The outstandings of arrears claimed by the OpNo.1 is to be assessed in the formula mentioned U/R10(iii) of OERC-2004.Considering the factual aspect, and position of law involved in the dispute, we are of the unanimous view that a new power supply to the complainant’s premises cannot be directed unless the arrear outstandings are paid by the parties. But complainant deserves a power supply on temporary basis which she is enjoying till date by order of this Forum on I.A. Misc 13/18 and is paying the monthly energy dues as per the meter reading and same is to be continued till revision of arrear outstandings of consumer No. IKKI-076.

                        Having observations reflected above, it is directed that OpNo.1 after disposal of the C.C.Case No. 22/19 and as per the result of the pending consumer complaint, steps may be taken by OP No.1 for revision of the  arrear outstandings of consumer No.  IKKI-076 recorded in the name of Op No.2 Rebatirani Satapathy and after payment of  complainant;s share as per the rules and regulations the power supply be provided to the complainant on a regular basis considering the application of new service connection on compliance of other formalities required for the purpose of providing new service connection, till then the temporary connection provided to the complainant’s premises cannot be disconnected, if the complainant pays the monthly energy dues regularly. The I.A. Misc Case 13/18 is disposed of as per our observation and any amount deposited by the Petitioner in connection to I.A.Misc.Ase No.13/18 be adjusted against her energy dues by the Op No.1.

                 Accordingly, the Complaint is disposed of without any cost.

            Pronounced in the open Court, this the 30th day of April-2019.                           

                              I, agree.

                                Sd/-                                       Sd/-

                           MEMBER                             PRESIDENT