The consumer dispute has been posted today for hearing on point of admission & on the petition filed seeking interim relief.

                Admittedly, the complainant has earlier filed C.D. Case No. 58/2016 and final order dt. 31.01.2018 setting aside final assessment amount of Rs.29,309/- by the District Forum has been set aside by Hon’ble State Commission, Odisha, Cuttack.  On 16.01.2019 while disposing F.A. No.222/2018 interalia directions has been made to the Complainant/ Respondent to approach the appellate authority U/s 127 of Electricity Act asserting the demand made U/s 126 of Electricity Act.  The complaint however states that due to reasons of Corona Pandemic & his old age he was unable to approach the appellate authority which sits at Jajpur.

                The Commission finds it to be a hit by Res Judicata.  As the self-same matter between the same parties has already been decided by the erstwhile district forum & later adjudicated by the Appellate State Commission.  So, the present complaint is not maintainable at this stage, in this form & before this Commission.  Needless to say there remains no ground for further hearing of the interim application.  So both the complaint and interim petitions are dismissed as not maintainable.

                However, considering the plight of the septuagenarian complainant consumer interalia effects of Covid& ensuing summer season, the Commission gives the observations that the O.Ps may take in to consideration these above facts before taking any coercive step against the consumer who is a rustic villager.

                The complaint petition is rejected.