Orissa

Bhadrak

CC/27/2022

Sabitri Das - Complainant(s)

Versus

Executive Engineer, Electrical, TPNODL, North Division - Opp.Party(s)

Sri J.B. Agasti & others

03 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
BHADRAK
 
Complaint Case No. CC/27/2022
( Date of Filing : 19 Apr 2022 )
 
1. Sabitri Das
W/o- Saroj Kumar Das, At/Po- Ertal, P.S.- Basudevpur, Dist - Bhadrak
Bhadrak
Odisha
...........Complainant(s)
Versus
1. Executive Engineer, Electrical, TPNODL, North Division
By-Pass, Bhadrak, At/Po/PS/Dist- Bhadrak
Bhadrak
Odisha
2. S.D.O., Electrical, TPNODL, Basudevpur
At/Po/PS/Via- Basudevpur, Dist- Bhadrak
Bhadrak
Odisha
3. Junior Engineer, Electrical, TPNODL, Basudevpur
At/Po/PS/Via- Basudevpur, Dist- Bhadrak
Bhadrak
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SHIBA PRASAD MOHANTY PRESIDENT
 
PRESENT:Sri J.B. Agasti & others , Advocate for the Complainant 1
 Smt. G. Pradhan, Dy Manager (Legal), Advocate for the Opp. Party 1
 Smt. G. Pradhan, Dy Manager (Legal), Advocate for the Opp. Party 1
 Smt. G. Pradhan, Dy Manager (Legal), Advocate for the Opp. Party 1
Dated : 03 Aug 2022
Final Order / Judgement

      Both the parties are present. The complainant has files a petition for earlier disposal of the dispute as she is a poor and Schedule Cast lady.

       Heard both the parties on the merit of the case.  As the complainant is a Schedule Cast poor lady, the case is taken up for final decision.

                   The complainant has filed this case alleging deficiency of service against the Opp. Parties for non-supply of electric to her house.  She has also deposited Rs.3910/-before the Opposite parties for new connection on 26.06.2021. Accordingly on several occasions she approached O.Ps for a new connection to her premises, finally when on 16.04.2022 the O.Ps denied to supply new connection she has filed this present dispute.

       The case of the O.Ps is that, the complainant has suppressed the fact that her husband Sri Saroj Kumar Das had an earlier energy connection vide Consumer No. B1-53968 corresponding to new account No. 4213-2105-0129 which had arrear of Rs.86,976/- on the same plot and premises.  In view of prevailing electricity law rules and regulations if spouse, son, daughter and parent are in arrear of electric dues for the same premises no new connection will be provided until the arrear are settle or paid in full.

     Admittedly, husband of the complainant was a domestic consumer under the O.P bearing consumer B1-53968 corresponding to new account No. 4213-2105-0129 which had arrear of Rs.86,976/- on the same plot and premises.To avoid payment of the aforesaid arrear of Rs.86,976/- the present complainant- wife of  Sri Saroj Kumar Das has filed this present dispute demanding new connection from O.Ps on the same plot and same premises .

                   In view of  prevailing Electricity Law  as per the provision of Regulation-17(i) of the Odisha Electricity Regulatory Commission Distribution (Condition of Supply) Code,219:- ( If the applicant in respect of an earlier agreement executed in his/her name or in the name of his spouse, son, daughter, parents or in the name of a firm or company with which he/she was associated either as a partner, director or managing director, is an arrears of electricity dues or other dues for the same premises or his/her other premises situated in the same DISCOM or any other DISCOM in the State, the application for supply shall not be allowed by the engineer until the arrears are settled paid in full )  the present dispute is not maintainable.

     Further, it is alleged by the complainant that instead of  refunding the deposited amount of Rs. 3910/- O.Ps are playing hide and seek roles which amounts negligent on the part of the O.Ps.

     However, in view of the mutual settlement between the parties & documents filed thereon, the Commission thinks it fit to direct the O.Ps to restore the Electric Connection to the premises of the complainant which is existing in the name of her husband Sri Saroj Kumar Das, subject to payment of Rs. 20,000/- against the arrear along with re-connection charge of Rs. 177/- by the complainant. On the same day a new meter is to be installed in the said premises against said connection and an average of next 6 months is to be taken and basing on the findings the average meter reading the entire outstanding will be revised. The final amount so arrived shall be adjusted along with the payment of Rs. 20,000/- and reconnection charges of Rs. 177/-. 

    The money Sodeposited by the complainant of Rs. 3,910/- be refunded within 7 (seven) days of receipt of the order.

                             Accordingly the complaint is disposed of.

 
 
[HON'BLE MR. SHIBA PRASAD MOHANTY]
PRESIDENT
 

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