MR. BIJOY KUMAR DAS, PRESIDENT:-

                        Deficiency in service in respect of serving illegal and arbitrary energy bills having arrear outstandings  are the allegations arrayed against Ops.

2.                     Complaint, in a nutshell reveals that complainant’s deceased father namely Banabihari Mohapatra was a domestic category of consumer under Ops since long bearing Consumer No.01031749.It is alleged that the property of the Banabihari Mohapatra was amicably divided between his five sons, and complainant’s other three brothers are residing in the sub-divided plot having new electric connection. It is alleged that the Ops without collecting the arrear dues from other sons of Banabihari Mohapatra is pressing hard to collect the total arrear outstandings from the complainants and an amount of Rs.48,667/- is pending as arrear dues. It is further stated that late Banabihari Mohapatra has filed a consumer complaint before this Forum bearing No.17/2016 which was dismissed for default. In the complaint, it is prayed that direction may be given to Ops to revise the arrear oustandings as per the provisions by dividing the outstandings in equal shares among the legal heirs of the deceased Banabihari Mohapatra to clear up the arrear dues. 

3.                   Upon service of notice Ops appeared through their Learned Counsel Mr.P.K.Samal and filed written version. The written version reveals that Banabihari Mohapatra is a domestic category of consumer under Ops bearing No.01031749 having an arrear outstanding of Rs.41,173/- upto February,2019 and Ops are ready to revise the energy bills as per the provision. Accordingly, the Ops have not committed any deficiency in service and complaint may be dismissed with cost.

4.                     Heard the complainants and Learned Counsel for the Ops. Complainant to substantiate their case filed Xerox copy of the order  in T.S. No.19 of 2001 passed by Learned Civil Judge, Senior Division alongwith Xerox copy of ROR publish in the name of Niranjan Mohapatra and Manoranjan Mohapatra. Ops also filed the consumer billing statement of Banabihari Mohapatra. The documents presented before this Forum discloses that the property of the Banabihari Mohapatra has been partitioned on compromise in T.S.No.19/2001. Accordingly, the arrear outstanding against the said consumer Banabihari Mohapatra is to be divided as per Regulation 10 of the OERC Code,2004. It is also a fact that an amount of Rs.41,173/- is pending as arrear oustandings upto February,2019. This arrear outstandings amount is to be equally divided between the living successor/legal heirs of T.S. No.19/2001.                    

                        Having observations reflected above, it is directed that on submission of application by the complainants for revision of arrear oustandings alongwith relevant documents, the Ops shall take appropriate action as per our observation One month time is given to Ops from the date of revision of  submission of application to comply the order, failing which action be initiated against the Ops under the provisions of C.P.Act,1986.

                 Accordingly, the Complaint is allowed in part on contest against the Ops without any cost.

            Pronounced in the open Court, this the 29th day of August,2019.                           

                              I, agree.

                                Sd/-                                        Sd/-

                           MEMBER                             PRESIDENT