Orissa

Sambalpur

CC/9/2016

Smt. Suprava Panda - Complainant(s)

Versus

Executive Engineer (WESCO Utility) - Opp.Party(s)

Sri Nabin Satpathy

26 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer.Case No.- 9/2016

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member

 

Smt. Suprava Panda,

W/O- Premananda Panda

R/O-Bariha Temple Lane, Jharuapara , Sambalpur

Po-Jharuapada, PS-Town, Dist-Sambalpur,

At present At-19/603, Eastend Apartment, Mayur Vihar, Phase-I,

Extention, New Delhi-110096                                                                                 …..Complainant

Vrs.

1. Executive Engineer, Electrical, Sambalpur

Electrical Division (WESCO Utility), Sambalpur.

At/Po-Ainthapali, Ps-Ainthapali,

Dist-Sambalpur.

2. Authorised Officer-cum-M.D., WESCO Corporate Office,

At/PO/Ps-Burla, Dist-Sambalpur.

3. Assistant Executive engineer-Cum-Assistant, Electrical Inspector,

S.E.D. Sambalpur, Office At Jagannath Colony,

Near Rabindra Kalyan Mandap, Sambalpur.

Po/Ps-Ainthapali, Dist-Sambalpur.                               ….Opp. Parties

Counsels:-

1. For the Complainant    : -           Sri. Dillip Bishi, Advocate & Associates.
2. For the O.Ps                   :-            Sri S.K.Dora, Advocate & Associates.

 

DATE OF HEARING : 04.07.2022 DATE OF JUDGEMENT : 26.07.2022

Presented by Dr. Ramakanta Satapathy, PRESIDENT:

1. The case of the Complainant is that the Complainant applied for a three phase domestic connection for her Flat No. 304, Kanha Block of M/S Brijdham Housing Society in June 2015. The O.P. No.1 on 29.06.2015 made the estimate. On 17.08.2015 demanded Rs. 2573/- for service connection estimate charges and Rs. 5881/- to-wards security deposit vide letter No. SED/Tech-3995. Agreement was made in standard format with O.P. No.1. The amount was deposited vide receipt No. A-71901101 and A71901102 dated 19.08.2015. The Complainant typed the non-judicial stamp paper purchased on 2308.2015 and submitted the standard format. Rs. 200/- treasury challan No. 9481 dt. 24.08.2015 and Rs. 1096/- vide challan No. 11960 of 29.08.2015 was deposited to-wards inspection fees. On 15.09.2015 the O.P. NO.3 after physical verification submitted his report. No. 117/2015-16 and no defects pointed out. Electrical connection was allowed to the Complainant.

The Complainant further submitted that the O.Ps did not provide electrical connection despite repeated approach. The ministerial staff of the O.Ps demanded Rs. 10,000/- to-wards gratification for the connection.

All of a sudden the O.Ps made unlawful demand of Rs. 1,09.659/- finding unauthorized connection in the house, directed to deposit the demanded preliminary assessment amount within 7 days of receipt of the letter. Second time inspection shown on 21.09.2015 the report is fabricated and planted. The O.Ps have not yet supplied power to the Complainant.

Being aggrieved the complainant filed this complaint.

2. After appearance the O.Ps in their version stated the Complainant has filed the complaint with ulterior motive. For unauthorized power use the O.Ps have taken action u/s 126 read with sec. 135 of the Electricity Act, 2003.

On 21.09.2015 during routine checking found 25 no.s of person including complaint of Brijdham housing society availing power supply directly without meter from the panel board for which provision Assessment was prepared against all the persons. The Complainant had applied of 8 K.W. Domestic load on 24.06.2015. Permission letter was issued vide letter dated 17.08.2015 wherein power supply agreement was a condition. The Complainant failed to execute the agreement. As the Complainant is not a valid consumer of the O.P., the complaint is not maintainable. The O.Ps are not deficient in their service. The produce of assessment against the Complainant has been issued rightly. The Complaint is liable to be dismissed.

3. The O.P. No.3 Asst. Executive Engineer Cum Asst. Electrical inspector, S.E.D Sambalpur submitted that after deposit of challan deposited to-wards inspection fees by the Complainant he conducted the inspection of electrical installation on 15.09.2015 and issued the report to the Complainant with a copy to Execute Engineer, Electrical, WESCO Utility, S.E.D, Sambalpur. The O.P. No.3 has no role regarding granting of any relief to the complainant.
4. After perusal of the documents filed by this Complainant and O.Ps it is observed that the Complainant has deposited the amount as estimated by the O.Ps. The only requirement for installation of meter was to deposit the standard agreement form in non-judicial stamp paper. The O.P. No.3 in his version dated 06.04.2016 categorically mentioned about the inspection report dated 15.09.2015. Form III report No. 117 in remarks column, the O.P. No.3 allowed provisioned energisation for compliance of the defects.
5. As per order sated 19.04.2017 the Forum directed the O.P.s to accept the agreement and restore supply of electricity by giving consumer number and supply bill for the consumed electricity. Further the date of agreement for power supply was treated as 23.07.2015. The O.Ps have allotted consumer No. 4110-0113-1360 followed by the Energy bill.

Relating to submission of Agreement tussle between Complainant and O.P. NO.1 & 2 is very clear from the case record. As per order dated 21.09.2017 of the forum, Agreement was submitted by Complainant and the O.P. No.1 was directed to execute the same as per law within the period of 30 days from the side of the O.P.

6. On the date of agreement dated 04.07.2022 Advocate for O.Ps submitted that the order of the Forum has been complied. It means an agreement from both the side is complete and bill has been supplied by the O.Ps. As power is restored to the flat of the Complainant grievance of the Complainant has been redressed.

Regarding proceeding u/s 126 with sec.135 of the Electricity Act. this Forum/Commission has no jurisdiction to waive out the demand of the O.P. No.1. The Complainant is at liberty to redress her grievance before the appropriate Court of law.

With aforesaid observation the case is disposed of

Order pronounced in open court on 26^th day of July 2022.

Supply free copies to the parties.