C.C. No.51/2024

Charulata Padhi,

W/o. Niranjan Padhi,

Vill./P.O.- Rohia,

P.S.- Naugaon,

P.S./Dist.- Jagatsinghpur.                                          …………. Complainant

                             (Versus)

1. Executive Engineer, TPCODL,

At/P.O./Dist.- Jagatsinghpur.

2. S.D.O., TPCODL,

At/P.O./P.S.- Balikuda,

Dist.- Jagatsinghpur.

3. Junior Engineer, TPCODL,

At/P.O./P.S.- Naugaon,

Dist.- Jagatsinghpur. …..… Opposite parties

For Complainant………..Mr. S.K. Mohanty, Advocate

For Opposite Parties………..D.M. (Elect.), TPCODL, Balikuda

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 give connection of electricity to the shallow tube well which was installed over Khata No.287, Plot No.655, Ac.0.8 dec. Of Mouza- Rohia, and revise the outstanding arrear which is allegedly pending under consumer No.03472851 and pay compensation towards cost of litigation and mental agony”.

            The brief fact of the case of the complainant is that, the complainant is a farmer with farmer ID No.JAG/107953 and she has installed a shallow tube well on her Plot No.655, Khata No.287 of Mouza Rohia in order to irrigate her agricultural crops. For that purpose to run the motor installed with the tube well she applied before the opposite parties through online for new electric connection on 13.02.2024 by paying Rs.3,950/-. The opposite parties instead of giving electric connection hold the application of the complainant with an allegation that dues were outstanding. As regards to the allegation of the opposite parties to clear dues for further processing is illegal and bad in the eye of law as because as this matter has already been adjudicated in C.C. No.123/2012 over the application of Niranjan Padhi who is the husband of the complainant and in that case this Hon’ble Commission has been pleased to pass order on 16.3.2013. In the meantime almost 10 years has already been elapsed but the opposite parties till today had not taken any prompt steps to redress the direction for which the husband of the complainant preferred Execution Application before Hon’ble Commission which is subjudiced. There was/is no outstanding dues pending either upon the complainant or upon her husband. Due to stoppage of the processing to give electric connection to the complaint by the opposite parties amounts to illegal trade practice and deficiency in service.   

            Opposite parties have filed written version stating as under;

            Mrs. Charulata Padhi, W/o. Niranjan Padhi has applied a new electric connection on MO BIDYUT portal on 13.02.2024 by paying Rs.3,950/- through online mode. Due to arrear exist in the name of Sri Niranjan Padhi husband of Mrs. Charulata Padhi the new service connection has remain hold. As per the order of Hon’ble DCDRC, Jagatsinghpur the bill has already been revised and credit given an amount of Rs.16,833.77 to Sri Niranjan Padhi and after bill revision the arrear amount is Rs.47,250.40 as on 16.02.2024 and after clearance of above said arrear amount the application of complainant will be processed.

            The counsel for complainant submitted that complainant has applied for new connection for agriculture purpose but she has been deprived of electricity on the ground of arrear of her husband but there was no connection from 1993 to 2008. The electric was disconnected from 1993 but without proper calculation, spot visit and enquiry from the villagers regarding disconnection has revised the bill from Rs.61,611/- to Rs.47,492/- which is not correct and on the same ground the complainant has been deprived of getting new connection.

            The husband of applicant has earlier filed C.C. No.123/2012, wherein this Commission vide order dt.16.3.2013 was pleased to direct as under;

            “The opposite parties are directed (i) to revise the outstanding arrear of electricity bill of the consumer No.03472851 of the complainant as per OERC Distribution Code Regulation and collect the revised arrear bill in installments fixing limit of maximum amount as Rs.1,000/- per installment; (ii) to install a new meter and prepare the further bill as per the meter reading; (iii) to give Rs.1,000/- towards compensation for mental agony, harassment and litigation expenses; (iv) not to disconnect the electricity line to the consumer No.03472851 while the direction no.(i) in respect to the complainant is in force. The above direction is to be complied by the opposite parties within 30 days in its application from the date of its pronouncement.

            Ordered accordingly with cost.”

            It is submitted that the opposite parties have not fully carried out the order and the spirit the order has not been given due regard by the opposite parties. The opposite parties have hold up the new connection on the ground of pending bill of Rs.47,492/-. As per the order of this Commission the complainant has to pay Rs.1,000/- per month. We are not entering into the merit of E.A. in the C.C. No.123/2012 but at the same time opposite parties interest is also considered. The revised bill has been issued on 17.3.2023 and in the mean time 13 months time has passed. The opposite parties are not present. So we are not able to get clear picture as to how the bill has been fixed at Rs.47,492/- when the house of complainant was not there from 1993 to 2008.   

            So keeping the interest of both parties we held that the arrear bill of the husband cannot be zero. So the case of husband (E.A. No.04/2024) shall be decided on it’s own merit but for the time being we direct the opposite parties to provide new connection to complainant and complainant shall deposit 25% of pending bill of her husband before connection. The same shall be subject to outcome of E.A. No.04/2024. The complainant shall deposit 25% of the arrear bill of her husband within 15 days from the date of order and the opposite parties shall provide new connection within 10 days from the date of deposit of the arrear of her husband i.e. Rs.11,873/- out of 25%  from the arrear of Rs.47,492/-, failing which the opposite parties shall pay Rs.100/- per day after 30 days of deposit of aforesaid arrear bill. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 17^th May,2024.