Orissa

Kendrapara

CC/17/2020

Trilochan Sahoo - Complainant(s)

Versus

Executive Engineer, (Elect.)CESU - Opp.Party(s)

Sri Bhagaban Mishra & Associates

26 Sep 2022

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/17/2020
( Date of Filing : 28 Feb 2020 )
 
1. Trilochan Sahoo
S/o- Late Udakar Sahoo At- Gobindpur Po-Olavar Ps-Rajkanika
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Executive Engineer, (Elect.)CESU
Kendrapara Elect. Division At/Po/Dist-Kendrapara
Odisha
2. Asst. Engineer,(Elect.)
Kendrapara Elect. Division At/Po/Dist-Kendrapara
Odisha
3. Junior Engineer(Enzen)
Rajkanika Section At/Po/Ps-Rajkanika
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Prabodha Kumar Dash PRESIDENT
 HON'BLE MR. Bibekananda Das MEMBER
 
PRESENT:Sri Bhagaban Mishra & Associates, Advocate for the Complainant 1
 None, Advocate for the Opp. Party 1
Dated : 26 Sep 2022
Final Order / Judgement

MR. PRABODHA KUMAR DASH, PRESIDENT:-             

           This C.C.Case No. 17/2020 taken up today for order. This being a case of 2020 posted to various dates for 39 times. Gone through the record & heard Ld. Counsel Mr. Bhagaban Mishra on behalf of Complainant. Notice was issued on dt. 04.03.2020  on the Ops such as OpNo.1, Executive Engineer Electrical, CESU, OpNo.2,Asst. Engineer, Electrical (Commerce) & Op No.3, Jr. Engineer, Electrical, Rajkanika. The licensed has been changed from CESU to Enzen then TPCODL(Tata Power Central Distribution Ltd.). Ops being substituted by Govt. TPCODL in place of license before but the office of the present deemed to be as before CESU, Tata Power received all the rights & liability which was existed before therefore in our considered view TPCODL should have appeared in the case pending. The Ops have to respect to a quasi-Judicial adjucating body constituted by the statute. The TPCODL is the authorities should have taken responsibility to appear before this DCDRC. Intentional non appearance by Ops shows disrespect to law while they are operating within DCDRC jurisdiction. We set the Ops as ex-parte to decide the year old matter. It is not possible to on part of office to send notice again, it was previously made sufficient. Only grievance of Complainant was that, the Ops arbitrary, illegally, generate bill to a shop monthly consumption receipt Rs. 675.50 on  16/01/2020 with arrear Rs. 44262.44 which best known to Ops. Total arrear amount was Rs. 48,453/- till institutions of the C.C. Case.

       Taking into grievances of Complainant & averments made & prayer involved in present C.C.Case and non-appearance of Ops, we set the Ops as ex-parte and decided the C.C.Case on merit.

                                                    O R D E R

                     The energy bill furnished to the Complainant on 16.01.2020 is arbitrary illegal without any basis shall liable to be quashed and the same is hereby quashed.  The Complainant shall not pay any arrear amount but only pay the current bill as per consumption per month.

                       The C.C.Case No. 17/2020 alongwith I.A. case No. 7/2020 are disposed off accordingly.

                          Issue extract of the order to the parties for compliance.

                     Pronounced in the open Court, on this the 26th day of September2022.                           

                              I, agree.

                                Sd/-                                        Sd/-

                           MEMBER                             PRESIDENT

 
 
[HON'BLE MR. Prabodha Kumar Dash]
PRESIDENT
 
 
[HON'BLE MR. Bibekananda Das]
MEMBER
 

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