SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of refusal of new power connection to the complainant’s premises are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that, complainant is a permanent inhabitant of village:-Gopa,Po/Ps/Dist:-Kendrapara wanted to avail a new service connection of electricity applied before the Ops on dt.18.02.15 by submitting necessary documents and depositing Treasury challan of Rs.34/- and cash deposit amounting of Rs.25/-. It is stated that complainant had filed an affidavit of No Objection certificate of his father Banabihari Mohapatra. The Ops,inspite of receipt of the documents, affidavits denied the complainant to give new service connection as the father of the complainant has arrear outstanding dues of energy bills, which compelled this complainant to file the present dispute before this Forum.
3. Being noticed OP No.2 Enzen Global Solutions Pvt. Ltgd., the Distribution Frachise of OP No.1 appeared through their Ld. Counsel and filed written statement into the dispute. OP No.1 deleted from the proceeding vide Order No.10 dt. 17.08.2015 of this Forum. OP No.2 in the written statement states that complainant applied for a new service connection on dt.18.02.15 over Plot No.37, holding No.2229 of Mouza-Gopa on by paying prescribed fees. But the affidavt filed by complainant reveals that new service connection is to provided on Plot No.37/1042 under Khata No.250/181,Mouza Gopa. Further an affidavit of Banabihari Mohapatra,father of the complainant discloses that complainant’sfather is a consumer under the OP bearing Consumer No. 01031749 and an arrear outstanding to the tune of Rs.67,190.86 is pending against the said consumer till June,2015. It is further averred that the Plot of the complainant is a subdivided plot of his father bearing Plot No.37 and prepared ROR as Plot No.37/1042 under Khata No.250/181,Mouza-Gopa. As an arrear outstanding is pending on the Plot No.37 recorded in the name of complainant’s father bearing Consumer No.01041749 and as per pendency of arrear dues no new service connection can be provided as per Rule 10(1) of the OERC Distribution(Conditions of Supply) Code-2004. Hence, the OP has not committed any deficiency in service and same is liable to be dismissed with cost.
4. Heard the arguments advanced by complainant and Ld. Counsel for OP. Perused the documents i.e. Xerox copy of ROR, Rent receipt, Municipality Tax receipt, affidavits filed into the dispute. It is an admitted fact that complainant had applied for a new service connection on dt.18.02.15 before OP and submitted necessary documents and fees required for providing a new service connection. It is further admitted fact that new service connection was not allowed for a pending arrear dues against Banabihari Mohapatra,father of the complainant. Now, it is to be decided by this Forum that refusal of new service connection is in accordance with the law or not ?
It is the case of the complainant that he is staying in Plot No.37/1042, Khata No.250/181,Mouza Gopa for which the new service was applied for and no arrear outstanding is pending with regard to the same plot. In support,complainant filed Xerox copy of ROR, rent receipt, Municipality holding tax receipt, NOC granted by Kendrapara Municipality and affidavits. On the otherhand OP claims that on verification it is found that the Plot No.37/1042 recorded in the name of the complainant is sub-divided plot of 37 which is recorded in the name of Sri Banahibari Mohapatra,father of the complainant against whom an arrear outstanding is pending and as per Rule 10(i) of the OERC Distribution(Condition and supply), complainant-consumer can not be provided a new service connection as the arrear is pending against the name of the father of the complainant.
We,gone through the documents and provisions of OERC. Further, no document was placed before us that the Plot No.37/1042, Khata No.250/181 is a sub-divided plot bearing No.37. During course of argument complainant filed an affidavit of his father namely Banabihari Mohapatra stating that if any arrear outstanding is pending on the same plot, the deponent Banahibari Mohapatra father of the complainant and their legal heirs are ready to pay the arrear outstanding dues. Copy of the said affidavit is duely served on the Opp.Party.
Considering the above facts, it is clear that the father of the complainant is alive till-date and the complainant is residing on a plot being separated from his father and ROR is published in the name of the complainant. In addition to that when the father of the complainant has filed an affidavit to pay the arrear outstanding dues if any, in the case plot, we do not see any valid reason not to provide the new service connection to the complainant. As per Rule 10(iii) (Iv) of OERC Distribution (condition and supply) code 2004 complainant is entitled to get the new service connection subject to fulfillment of other conditions required for the purpose for providing a new service connection.
O R D E R
Having observations reflected above, it is directed that OP will provide the new service connection to the complainant’s premises situated over Plot No.37/1042, Khata No.250/181,Mouza-Gopa within one month of receipt of this order, subject to fulfillment of other conditions required by the Opp.Party. Delay in any manner will carry Rs.50/- per day for the defaulting period.
Complaint is allowed in part on contest.
No order as to cost.
Pronounced in the open Court, this the 19th day of October,2015.
