Orissa

Sundargarh

CC/12/2022

Prafulla Pradhan - Complainant(s)

Versus

Executive Engineer, TPWODL, Sundargarh - Opp.Party(s)

Self

23 Feb 2023

ORDER

 

 

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUNDARGARH-I

Consumer Complaint Case No.- 12/2022

Present-Dr. Ramakanta Satapathy, President,

              Sri. Sadananda Tripathy, Member

Prafulla Pradhan,

Son of Khageswar Pradhan,

At: - Bandega, Po: - Rajbahal,

Ps: - Lephripara

Dist: - Sundargarh, Odisha-770012.                                   ....     ....     ....      ....    .Complainant.

                                                  Versus

1. Executive Engineer, TPWODL,

          Sundargarh Electrical Division,

          At/Po & Dist: - Sundargarh, Odisha.

2. SDO, TPWODL, Sundargarh Electrical Division,

          At/Po: - Ujalpur, Ps: - Lephripara,

          Dist: - Sundargarh, Odisha.

3. Jr. Engineer, TPWODL Electrical Section,

           At/Po/Ps: - Lephripara, Kulabera Road,

          Dist: - Sundargarh, Odisha.

4. Branch Manager,

          Agro Industry Co-operation,

         At/Po: - Sundargarh

         Dist: - Sundargarh, Odisha.                                ....    ....     ....     ....   .Opposite Parties.

Counsels:- 

1. For the Complainant         :-Self
2. For the O.P.s                      :-Sri N.R.Nanda, Advocate & Associates.

 

Date of Filing:05.08.2022,Date of Hearing :19.01.2023,Date of Judgement : 23.02.2023

Presented by Sri Sadananda Tripathy, Member.

1. The Brief fact of the Complainant is that the Complainant is a farmer. The Complainant for better cultivation in the Kharif season, had joint the Govt. Scheme i.e Jalanidhi Yojana for making the water supply in the agriculture land. The aim and object of the scheme is that, the Agriculture Department, Sundargarh so also Agro Industry Corporation, Sundargarh are to implement the scheme for installing the LI point in the agriculture land for better water supply in the agriculture farm in the district of Sundargarh. Accordingly, the Complainant joined in the scheme on dtd. 27.04.2018. After joining the scheme the Complainant had paid an amount of Rs. 9,000/- to the OP No. 4 for the purpose to establish the LI point in his agriculture land for water supply and agriculture production. The OP No. 4 had installed the LI point in his agriculture land of the Complainant after receipt of the money as per the Govt. scheme. The OP No. 1 to 3 connected the power supply in the such LI point for better supply of the water in the agriculture land of the Complainant for production of vegetables in the kharif season. The Complainant is an electrical consumer under TPWODL bearing consumer No. 812001031705 as provided by the OP No. 1 to 3. The said OPs provided electric connection in agriculture land and the Complainant has paid his consumption cost to the OPs as per the meter reading. From dtd. 16.03.2021, the OP NO. 1 to 3 failed to supply electricity connection to the LI point of the Complainant land for which the Complainant suffered loss in harvesting. At that time the Complainant was ploughing one acres Parball farming of Rs. 2,00,000/-, One acre Ginger of Rs. 1,50,000/-, 253 Lichi Tree of Rs. 5,60,000/-, Four acres Nuts of Rs. 1,00,000/- and Seven acres karif paddy of Rs. 2,70,000/- in the karif season. Due to non supply of the electricity in his LI point, the cultivation was damaged for want of water. Accordingly the Complainant intimated the matter to the OP No. 1 to 3 on dtd. 24.07.2021 by Regd. Post with A/D. The same grievance petition received by the OP No. 2 to 3 for early connection of the power supply to the LI point but the OP NO. 1 to 3 failed to provide the electricity connection. After non connection of the electricity power by the OP NO. 1 to 3 to the LI point of the Complainant, the Complainant suffered a lot. Hence the Complainant filed this case for the deficiency in service of the said OPs.
2. The Version of the O.P No. 1 to 3 is that any consumer aggrieved by any action/inaction with regard to dispute in respect of power supply/billing, he/she should file a complaint before the GRF (Grievance Redressal Forum) as per the provision of law. If any person aggrieved by the order of the GRF or non compliance of the order of the GRF, he should file a complaint before the Ombudsman as stipulated under the Electricity Act, 2003. Since an alternative forum is available under the special statute like Electricity Act, 2003, the matter is not maintainable before this Commission and this matter may be remanded back to the Ld. GRF for proper adjudication of the matter. Power supply was provided to the consumer under LT/Irrigation Pumping and Agriculture Category on 10.03.2018. The Complainant has made a payment of merely Rs. 1800/- (Rs. 800/- on 15.02.2020 and Rs. 1000/- 0n 24.06.2021) from the date when supply was given to him. Due to non-payment, the Complainant has an outstanding arrear of Rs. 20317.44/- up till July, 2022. Power supply of the Complainant was never disconnected by the OP No. 1 to 3. Power failure might have occurred occasionally due to repair work, any kind of maintenance of the electric line or any other reason owing to act of god (force majeure situation). On inspection and verification, it was found that the consumer is availing power supply to the LI point and his agricultural land is in healthy condition.  No damage of crops or trees or any kind has noticed. For the reason mentioned, the instant complaint petition filed by the Complainant is devoid of any merit and not maintainable in the eyes of Law. Hence, it is liable to be dismissed.
3. From the version and submission of both the parties it is found that the Complainant is a bonafide consumer of the O.P No. 1 to 3, having Consumer No. 812001031705 and uses electricity energy from the said O.Ps by way of paying monthly charges for agriculture purposes. From dtd. 16.03.2021, the OP NO. 1 to 3 was failed to supply electricity connection to the LI point of the Complainant land for which the Complainant suffered loss in harvesting, for non supply of the electricity connection by the said OPs and out of request to supply electric, the OP No. 1 to 3 did not take step for supply the same. So the deficiency in service and monopolistic trade practice of the OP No. 1 to 3 found.

No doubt under the Electricity Act a mechanism G.R.F. and Ombudsman have been provided but for deficiency in service there is no bar for the Complainant to redress his grievance before this Commission. Hence this Commission has jurisdiction to entertain the case.

The Complainant has not filed damage report from the agriculture office although filed some photographs. There is damage crop as it reveals from photographs. 

Accordingly it is ordered.

                                                                   ORDER

The Complaint Petition allowed partly on contest. The O.P No. 1 to 3 are directed to connect the electricity power to the LI point of the agriculture land of the Complainant within one month of this order and, to pay Rs. 5, 00,000/- towards loss and damage of agriculture production of the Complainant. The O.Ps are further directed to pay Rs. 50,000/- toward compensation to the Complainant and Rs. 10,000/- towards cost of the proceeding within 30 days from the date of this Order failing which the amount will carry interest @ 9% per annum till realization. The Complainant also directed to deposit up to date electric bill to the OP No. 1 to 3 within 15 days of compliance of this order by the OP No. 1 to 3.

Order pronounced in the open Court today on 23^rd day of Feb, 2023.

Free copies of this order to the parties are supplied.

                   I agree,

                                                                                               

 (Dr. R.K.Satapathy)                                                                                 (Shri. S.N.Tripathy)    

   PRESIDENT                                                                                           MEMBER                                                                                     

                                                           Dictated and Corrected

                                                                             by me.

                                                                    

                                                               (Shri. S.N.Tripathy)          

                                                                    MEMBER