The case is posted today for hearing. Advocate for the complainant is absent, no steps filed. Advocate for the O.Ps is present & files hazira. On repeated calls, none respond on behalf of the complainant. Hence, hearing of the case could not be taken up. Perused the case record.

                                         The case of the complainant, in short, is that he is a consumer under the O.Ps bearing consumer No. 423202340029. Due to the dispute for over dues, the complainant has filed W.P(C) No.17213 of 2010 before the Hon’ble High Court, Cuttack and as per the direction, he has undertaken to deposit the electric dues on one time settlement, as the O.Ps have disconnected the power supply. It is stated that in the month of August,2011 the O.Ps issued bill amounting to Rs.82,060/- illegally as the complainant had paid outstanding dues from August to November amounting to Rs.68,151/-. As per OTS, the complainant paid 11,350/- on 13.9.2011 for the year 2010 and also paid Rs.24,801/- on 13.9.2011 for the year 2011 and further deposited Rs.300/- towards the fees for reconnection. On the same day, the O.Ps have reconnected the power supply to his premises. It is further stated that on 3.11.2011, the complainant had deposited Rs.22,000/- and on 30.11.2011, he had deposited Rs.10,000/- as per OTS. But the O.Ps are not yet corrected the bill and demanded the outstanding dues and threatened to disconnect the power supply to his premises. Hence, this case.

                                         In the present case, the O.Ps have appeared and filed their joint written version challenging the maintainability of the case and cause of action for filing the case. They have stated, inter alia, that huge outstanding energy dues amounting to Rs.43,221.20 paisa has been accumulated against the complainant. The complainant has filed the present case suppressing the material facts for which he is not entitled to get any relief what-so-ever claimed for. Hence, it is prayed that the complaint of the complainant may be dismissed with cost.

                                         As it is seen from the case record that the complainant remained absent since long nor has taken any step. However, taking into consideration the complaint petition and the documents produced on behalf of the complainant as well as the written version, the Commission is constrained to pass the order on merit. 

                                         On perusal of the pleadings and documents filed on behalf of the complainant, it is made out that the O.Ps have demanded outstanding dues without rectifying the bill amount, which the complainant had already deposited in view of the OTS. In support of his contention, the complainant has not filed any document to show that he had filed the aforesaid W.P.(C) No. 17213 of 2010 before the Hon’ble High Court and there has any order passed therein for settlement under the OTS scheme with the O.Ps with regard to the outstanding electricity dues. On the other hand, O.Ps have claimed that the complainant is a defaulter and as per terms and conditions of the agreement, he has not paid the regular energy dues for which the bill amount became high. The complainant, at no point of time, has applied for availing of benefit under the prescribed OTS scheme. Further, the complainant has suppressed the material fact as to how the energy dues became high. Whatever any amount has been deposited by the complainant, the said amount has been adjusted in his outstanding energy dues. In case, the complainant feels that the bill amount, as demanded by the O.Ps, is so high and illegally claimed, then he should take shelter before the appropriate Authority. Therefore, it is held that the complainant has no cause of action to file the case and the case is not maintainable. Consequently, the case is liable to be dismissed.

                                         Accordingly, the case of the complainant is dismissed on contest against the O.Ps without any cost.