Orissa

StateCommission

A/79/2008

Manager, Electrical Division, Salipur - Complainant(s)

Versus

Bauribandhu Malla, - Opp.Party(s)

M/s. J.K. Khuntia & Assoc.

31 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. A/79/2008
( Date of Filing : 31 Jan 2008 )
(Arisen out of Order Dated in Case No. of District )
 
1. Manager, Electrical Division, Salipur
Central Electricity Supply Utility,dist- Salipur, Dist-Cuttack.
...........Appellant(s)
Versus
1. Bauribandhu Malla,
President Upar Sahi Julupur Panipanchayat, Julupur, Babujanga, Tendakura, Dist- Cuttack.Cuttack.
2. Sujit Das,
BDO At/Po- Raghunathpur, Dist- Jagatsinghpur.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:
 
Dated : 31 Mar 2023
Final Order / Judgement

 

          None appears for the parties. We have gone throughthe DFR  and disposed of the case without DFR s    since it is a matter of 2008.

3.      Perused the appeal memo and impugned order and other materials on record.

4.      The case of the complainant in nutshell is that the complainant was using L.I.point for irrigating his land and by that also availed power supply to his L.I.point. It is alleged inter alia that in the last super cyclone in the month of October,1999,  the L.I point was damaged.In spite of request of the local farmers,  the L.I point was not repaired in the year 2001. On 17.01.2003 the Executive Engineer O.L.I.C,Jagatsinghpur deposited Rs.9558/- before the CESCO towards the cost of the reconnection chargeswhere the tripartite agreement was executed among the President of Panchayat,the complainant and Executive Engineer, OLIC and Junior Engineer, Raghunathpur. This agreement authorized the President of the Pani Panchayat to enter into the agreement for supply of power. On 16.03.2004,the Executive Enginner,OLIC,Cuttack requested the Executive Engineer,Electrical Division,Salepur for supply of power connection and complainant also deposited Rs.1800/- on 06.04.2004 towards reconnection charges. Inspite of all efforts no power supply was given to the L.I.point, as a result the crops of the poor cultivators are lost in the village. Therefore, he filed the complaint.

5.      The O.P took the plea by stating that since uprooted conductors are stolen in the super cyclone,the L.I  point could not functionproperly. Further, the O.P stated that the report of the Asst.Electrical Inspector has not been obtained as per provision of OERC Code.

6.      After hearing both parties the learned District Forum has passed the following the order:-

xxx                         xxx                         xxx

In the above premises,we direct the O.Ps to ensure power supply to Panipanchayat within a span of 30 days and pay a compensation of Rs.5,000/- for the mental harassment caused to the complainant.  With this the case is disposed off.No cost.”

7.      On perusal of appeal memo appellant has taken the plea that  the learned District Forum has passed the impugned order illegally because in respect of theft of conductor/ poles, the villagers are to pay the cost of the service wire. Without applying judicial mind, the learned District Forum has passed the impugned order  which should be set aside by allowing the appeal.

8.      Perused the appeal and the DFR including the impugned order.

9.      It is admitted fact that the complainant has been using the L.I point to  which the O.Ps have extended power supply. It is also not in dispute that during super cyclone in 1999,  all the poles were uprooted and the conductors  were stolen. No action was taken by the O.Ps. On 16.03.2004, the complainant has performed his part but no power supply has given to the L.I.point.There is deficiency in service on the part of the O.Ps.

10.    In view of the above analysis, we are of the view that the learned District Forum has rightly passed the impugned order.Hence the impugned order is confirmed and the appeal being devoid of merit stands dismissed. No cost.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MR. Pramode Kumar Prusty.]
MEMBER
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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