Presented by Smt. A. Behera, Member .

Brief Facts of the case:-

The complainant is the resident of ward no. 3(three), College Road, Bargarh and applied for electricity connection to their premises which was not considered leaving the Complainant to severe hardship when their wards are at 10^th standard. Hence this case. Complainant also filed an application for interim order for direction to the Opposite Party for electricity connection in between this complaint is in pendency. However forum decided to dispose both the petitions simultaneously.

Opposite Party has been noticed but did not paid any heed to the notice. SR back on 2.9.2013 hence service of notice is complete. But still the Opposite Party did not turned up before this Forum for contesting the allegation or assigned some one to represent them hence they are set ex-parte on 19.11.2013.

Ex-parte hearing done on 4.12.2013 in the presence of the Complainant on both the complaint petition and interim petition under section 13(3)B of Consumer Protection Act-1986. Heard the submission of the Complainant's counsel, referred the documents/petitions attached with the case record and Forum finds the following facts.

1. Electricity connection is in the name of father of the complainant vide No C/2K/18/0108 which was sanctioned in the year 1967.

    

2. That in the year 1985 the eldest son of Dr. P.C. Shastri and elder brother of Complainant availed second electricity connection to the same premises vide consumer no D/2K/18/1.

    

3. In the year 2006 Dr. P.C. Shastri for reasons that police department had vacated the house which has been rented requested his status to be changed to Domestic status. An application regarding the same footing is seen attached with the case record. Petitioner's father was directed to pay some dues and reconnection charges which were paid vide Money receipt No 064002134 date 7.5.2006.

    

4. That even the said outstanding payment and reconnection charges paid connection is not given to the premises mentioned in the complaint petition for reasons that there is outstanding in the name of one Rajesh Shastri who is the eldest son of Dr. P.C. Shastri who has gone separated since some time and running his family separately though living in the same premises.

    

5. The Complainant expressed his inability to pay the whole outstanding bill against their brother Rajesh Shastri but on a positive gesture ready to pay some amount of the entire outstanding payment and accordingly paid an amount of Rs 2000/-(Rupees two thousand)only vide Money receipt no. 068106041 dated 11.8.2009 and Rs 50,075/-(Rupees fifty thousand seventy five)only vide money receipt no 0608749168 dated 20.8.2010 which forum finds sufficient to show their genuineness on the issue.

    

6. The various documents and papers attached to the case record like.

   (a) Letter to S.D.O. Electricals Bargarh dated 7.10.2008.

   (b) Money receipt no 064002134 dated 7.5.2006 for an amount of Rs 1,100/-(Rupees one thousand one hundred)only

   © Affidavit about the facts said in the complaint petition vide dated 8.2.2012.

   (d) Application to S.D.O. to change the consumer status.

   (e) Application to the S.D.O. dated 7.1.2005 including xerox of money receipt no 068106041 dated 11.8.2009 for amount Rs 2000/-(Rupees two thousand)only

   (f) Letter to S.D.O dated 18.9.2010 for electricity connection.

   (g) Request letter dated 9.12.2010 to S.D.O Bargarh including xerox of money receipt 0608749168 dated 20.8.2010 for amount Rs 50,075/-(Rupees fifty thousand seventy five)only.

are relied by the Complainant which support the cause of the Complainant with forceful conviction.

Under the above detailed discussion of facts and circumstances and documents attached to the case record and in the light of Section 43(1) of the Electricity Act-2003, the Opposite Party is liable for deficiency of service and the Complainant is eligible for suitable remedy point to be noteworthy here that Indian laws do not permit punishment to someone for deeds of another ever if they are from close family members and acquaintances.

Under the circumstance Forum orders the following:-

1. The Opposite Party is directed to give electricity connection to the premises of the Complainant within 96(ninety six) hour of receiving of this Order.

2. The Opposite Party will start accepting electricity dues as per rules once the connection to the premises of the Complainant is given periodically.

3. The Opposite Party is directed not to demand unpaid dues of one Rejesh Shastri from this Complainant and should take initiative to collect total pending dues against Rajesh Shastri accordingly to electricity laws.

4. No reconnection charges or any other charges to be collected or demanded once again from the Complainant.

   Failing executing this order, the Opposite Party will be liable for prosecution as per laws available under Indian Laws including laws under Consumer Protection Act-1986.

5. No cost.

The case is allowed and disposed off accordingly.

Typed to my dictation

and corrected by me.

                                  I agree,                                            I agree,                                             I agree,

                        (Smt. Anjali Behera)                       (Sri Pradeep Kumar Dash)                  ( Miss Rajlaxmi Pattnayak)

                          M e m b e r.                                           M e m b e r.                                      P r e s i d e n t

.