C.C. No.39/2024

Sarataj Bukhsh Khan,

S/o. Late Moula Bukhsh Khan,

Vill./P.O.- Tarikund,

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

                             (Versus)

1. Executive Engineer, TPCODL,

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

2. Asst. Manager, Commerce, TPCODL,

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

3. Junior Manager, TPCODL,

At- Nuapola,

P.O.- Nabapatna,

P.S./Dist.- Jagatsinghpur. …..… Opposite parties

For Complainant………..Mr. S.S. Patra, Advocate

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 the further electric connection to the house of the complainant”.

            The brief fact of the case is that, the complainant residing under Mouza Tarikund, Cons. Khata No.1346, Plot No.3010, of an area – Ac.0.04 dec., kissam Gharabari with his family members and opening a cycle repairing shop over this plot. The opposite party No.3 have newly supplied electric connection over the said plot in the name of the complainant since 9 months and the complainant consumed the electric line and regularly paid the electric charges to the opposite party No.3 vide consumer No.60038318327 and unfortunately on 30.12.2023 opposite party No.3 opposite party No.3 disconnect the electric connection with help of police and taking with him the meter and the electric wires. After disconnection the complainant rushed to the office of opposite parties No.2 & 3 and requested for further connection and they paid deaf ear about it.

            Notice to opposite parties was issued as per order dt.08.02.2024 the opposite parties appeared and filed a memo enclosing some documents on the basis of complainant of the land owner and the electricity of complainant has been disconnected. It is stated in the documents that one Madhusudan Das is the real owner of land and received compensation from NHAI authorities and without his consent electric line was supplied. On the basis of said complaint the opposite parties have disconnected the electricity. Sri Madhusudan Das is not a party before us. It is submitted by the counsel for complainant that Civil Suit in respect of the said land is pending before Hon’ble Civil Judge (Sr. Division) bearing C.S. No.675/2023. The opposite parties have not filed their written version and participated in hearing except appearing on 16.02.2024 and filed some documents with memo.

            From the fact it is proved that complainant is in possession of the property and there was electricity, which has been disconnected. The counsel for complainant has relied on the decision of Hon’ble Delhi High Court in the case of Ashok Panwar & another Vrs. BSES Rajdhani Power Ltd. & another W.P. (C) 3819/2022 which squarely applies to the case in hand. By following the decision of Hon’ble Delhi High Court in absence of any contrary judgment of our Hon”ble High Court, which has been held as under;

            “Mere pendency of the Civil Suit would not be a ground to disentitle the petitioners from obtaining an electricity connection in their name, particularly, in view of the fact that the petitioners are in possession of the subject property.

            In view of the above, this petition is allowed. Respondent/BSES Rajdhani Power Ltd. is directed to grant an electricity connection to the petitioners, subject to petitioners complying with the requisite codal and financial formalities for grant of an electricity connection.

            It is clarified that the grant of electricity connection in favour of the petitioners would not amount to acknowledgement of any right in favour of the petitioners and shall also not grant any special equity in favour of the petitioners and the same would be without prejudice to the Rights and contentions of the Defendants in the Suit filed by the petitioner No.1. Petition is disposed of in the above terms.”   

            We are abide by the direction of Hon’ble Delhi High Court and we therefore direct the opposite parties to provide electric connection to the premises of complainant bearing Plot No.3010, Khata No.1346, Ac.0.04 dec., Mouza- Tarikund, Jagatsinghpur within 4 weeks but it will not create any right title and interest on the suit property on the basis of our order and it is purely directed on humanitarian point of view keeping high temperature in summer season. With the aforesaid observation and direction the consumer complaint is disposed of. No cost. 

            Pronounced in the open Commission on this 16^th May,2024.