Orissa

Kendujhar

CC/26/2023

Gokula Chandra Pradhan - Complainant(s)

Versus

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

K.N. Nanda

02 Nov 2024

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
KENDUJHAR, ODISHA
 
Complaint Case No. CC/26/2023
( Date of Filing : 04 Apr 2023 )
 
1. Gokula Chandra Pradhan
at-Sananai(kha), Po-Badanai, Ps- Champua
Keonjhar
...........Complainant(s)
Versus
1. Executive Engineer, TPNODL,Joda Division
At/Po/Ps- Joda, Keonjhar
2. The Sub-Divisional Officer TPNODL
At/Po/Ps-Champua,Dist-keonjhar, Odisha,
3. The Junior Engineer TPNODL
At/Po/Ps- Champua, Dist-Keonjhar, Odisha
............Opp.Party(s)
 
BEFORE: 
  Biranchi Narayan Patra PRESIDENT
  Jiban krushna Behera MEMBER
 
PRESENT:
 
Dated : 02 Nov 2024
Final Order / Judgement

Brief fact of this case is that, the complainant is a senior citizen and Consumer of TPNODL, Champua bearing consumer No.622212110135 having 1 KW load. The complainant have been paying the electricity bill regularly and the bill dt.21.12.2022,20.01.2023 and 19.02.2023 has been paid amounting to Rs.140/-, Rs.150/- & Rs.120/- month wise respectively. Without any reason and notice the Ops disconnected the electric connection with effect from dt.10.03.2023. The complainant requested the Ops to connect the electric connection because he is taking medicine and insulin regularly and facing much problem without fridge, but they are deaf and dumb. No connection was given which is nothing but deficiency of service as well as arbitrary action of the Ops. Due to unfair trade practice of the Ops the complainant suffers a lot as the complainant is an old man suffering from diseases, power supply is quite necessary to keep the insulin in fridge. The complainant is coming under BPL category exempted from fees, hence no fees paid thereon. The complainant prayed an interim order to abstinence from disconnection of power supply pending disposal of the petition. The complainant also prayed for a direction to the Ops to make immediate connection of electric connection, to supply monthly bill regularly and to provide proper voltage. The Ops should pay Rs.10,000/- towards compensation for mental agony and Rs.10,000/- for cost of litigation.

The complainant relies upon the following documents:

  1. Photo copies of M.R.No.61150524 dt.21.12.2022 for Rs.140/-.
  2. Photocopy of  M.R.No.62322438 dt.21.01.23 for Rs.150/-.
  3. Photocopy of. M.R.No.66101877 dt.19.02.23 for Rs.120/-.

The OP relies upon the following documents:

  1. Copy of ledger.

On the above pleadings the following issues are framed to decide the case.

  1. Whether the case is maintainable?
  2. Whether any cause of action arises on this case?
  3. Whether Ops have made any deficiency of service?
  4. Whether the complainant is entitled to get any relief sought for?

FINDINGS

                 All the issues are inter-related to each other, so they are discussed jointly. It is no doubt that the complainant is a senior citizen and consumer of TPNODL,Champua bearing consumer No.C1569D,Sl.No.622212110135. On dt. 11.04.2023 one interim order was passed by this Commission vide interim application 07/2023 directing to Ops to restore the electricity connection to the premises of the complainant. After that the Ops jointly filed their written version along with the Annexure it revealed that till 03/2023 arrear is pending against the complainant amounting to  Rs. 20,262/-. But the complainant disputes the bill issued by the Ops. There is a standing circular of Hon’ble High Court,Odisha that billing dispute should be filed before the GRF and the Consumer Commission has no jurisdiction to decide the billing disputes.

                 This Commission feels that this matter should be decided by GRF. This Commission has no jurisdiction to entertain this case. Hence, the complainant is not entitled to get any relief as prayed. The interim order passed earlier by this Commission has no merits now.

ORDER

                 The present complaint case being devoid of merits is dismissed without any cost.  The interim order passed earlier in IA No.07/23 arising out of this case is vacated.

 
 
[ Biranchi Narayan Patra]
PRESIDENT
 
 
[ Jiban krushna Behera]
MEMBER
 

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