ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to supply new electric service connection to complainant on new connection deposited amount Rs.9,485/-”.
The brief fact of the case is that, after negotiation for new connection electricity complainant on 23.5.2022 deposited amounting Rs.9,485/- in web-site of TPCODL for new electric service connection in her name with all taxes and documents vide unique permanent application No.(UPAN) TPC 10115982 vide transaction ID No.W.H.D. 41164282879 and get successful receipt from web-site to open a new cloth store in Jagatsinghpur town under Municipality. After one month complainant went to the office of opposite party No.3 and requested to provide immediate connection new electric service, for which opposite party No.3 directly demand Rs.50,000/- as bribe for new connection of electric service for cloth business. Thereafter complainant met opposite parties No.1 & 2 many times for taking action against opposite party No.3 and give new electric connection to her shop but they were refused to help the complainant.
The opposite parties filed written version stating as under;
The application is for the new service connection to a plot where there was an existing connection. Again there was a consumer named Rama Chandra Behera, Deuligrameswar having an arrear. The plot given in the application belongs to the wife of Sri Rama Chandra Behera. Hence, the power supply could not be provided to the complainant, as per the Regulation 17 (i) of OERC Supply Code-2019. The complainant had not submitted the ‘No Dues Certificate’ against the plot. The complainant has suppressed the fact regarding the service connection in the name of the husband of the owner of the plot. As per the OERC Supply Code 2019 the power supply should be given after getting the No Dues Certificate from the owner of the premises. As there is an arrear outstanding against the given plot and the owner of the plot given undertaking to pay the arrear dues in installments. Hence, the power supply could be given after clearance of the arrear dues.
Electricity is an essential service and the complainant is a new consumer applied for new connection but there is due on the said plot for which the opposite parties object. Connivance of land lord/ lady with complainant to get new connection cannot be ruled out completely. However electricity being an essential service cannot/ should not be denied.
But in order to balance the case of both sides and to provide service we direct the opposite parties to provide new connection and it is the sole responsibility of complainant to pay the arrear pending on Rama Chandra Behera who is the husband of land lady and the said due is to be divided in 10 monthly installments and complainant shall pay the 1st installment before connection. The next 9 installments shall be paid along with regular bill and the opposite parties are free to disconnect the electricity if complainant shall not pay regular bill along with pending bill as directed above. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
