SRI NAYANANANDA DASH,MEMBER:-
Unfair trade practice in respect of not providing a new service connection are the allegation arrayed against the Opp.Party.
2. Complaint, in brief reveals that complainant is a permanent inhabitant of Village:-Fakirabad,Po/Ps/Dist:-Kendrapara and to maintain his livelihood he resides at Paradeep with his family, occasionally visits his parental house which situated at village:-Fakirabad over Plot No.933,Khata No.207.,Area A0.03dec. After the death of complainant’s father namely Sk.Mutkar Ali the parental property was divided between four brothers and R.O.R. was published on dtd. 10.02.2011 with a new Plot No.993/1998 vide Khata No.299/135. Complaint petition also reveals that prior to death of complainant’s father the energy connection to the parental house was in the name of Sk.Akbar Ali the elder brother of the complainant bearing Consumer No.01035911/D-12 C 23. The other brothers were also availed power supply from the same consumer number. On July,2013 after completing all the formalities complainant applied for a separate power connection to his residence and the application kept pending from July,2013 to December,2013 without assigning any valid reason. It is also stated that during occasional visit to his parental house the complainant’s share monthly energy charges were handed over to the complainant’s elder brother. In the month of Dec.2013 the Ops informed that no new service connection can not be given as an arrear outstanding of Rs.1,29,078.17 is pending against Consumer No.01035911/D 12 C 23 which was recorded in the name of complainant’s elder brother Sk.Akbar Ali. Complainant to challenge the arrear dues and not providing the new service connection knocked the door of Grievance Redressal Forum, Paradeep vide C.C.Case No.GRF/KED-1/235/2013. It is further stated that complainant’s younger brother availed a new service connection in the year 2012 though his younger brother was adefaulter of pending arrear dues against Consumer No.01035911. It reveals from the complaint petition that Ops by not providing new service connection and adopted unfair trade practice which gives mental agony and financial loss to the complainant to pay Rs.10,000/- as compensation for mental agony and to take appropriate action against erring officials who intentionally does not provide new service connection.
3. Upon notice the Opp.Party appeared into the dispute, filed written statement challenging the maintainability of the complaint and submitting the facts, it is stated that complainant has filed a complaint before GRF,CESU,Paradeep and an appeal is filed before OMBUDSMAN-1 in C.R.Case No. OM(1)36 of 2014. It is averred that on spot verification report by Junior Manager(Elec.) No.1 Section,Kendrapara vide Office Letter No.329 dtd. 27.09.2013 on his report. Junior Manager opined that there were two old electric connection to the said undivided Plot one in name of Sk.Akbar Ali the elder brother of the complainant bearing Consumer A/C No.01035911/D 12 C 23 with an arrear outstanding of Rs.1,59,968/- upto April,2014, which was being used by three brothers of the complainant. Another electric connection was in favour of Jaitun Biwi, mother of the complainant bearing Consumer A/C No.0140089/D 12E 87/4 having an arrear outstanding of Rs.75,116.89 upto April,2014. It is also revealed that after partition of the undivdided plot one new electric connection was given to Sk.Mustak on dtd. 26.05.2012 and to Sk.Akbar on dtd.27.09.2013 and the complainant Sk.Akhtar Ali after partition wants the new service connection without depositing the proportionate share. The written statement also describes the status, arrear outstanding, revision of energy bills of Sk.Akbar by filing Annexure 1 & 2. According to the written statements upto 5/2012 an amount of Rs.1,20,952.69 is to shared between three brother namely Sk.Afsar Ali, Sk.Mustak Ali and Sk.Akhtar Ali equally @ Rs.40,317.56. The balance amount of Rs.21,954.37 up to April,2014 is to be shared between twobrothers, namely Sk.Afsar Ali and Sk.Aktar Ali @ Rs.10,997.15 paise. It is further averred that complainant taking advantage of the partition of the plot and is availing power supply from the house of his elder brother Sk.Akbar. the order of GRF,Paradeep and OMBUDSMAN(1) has already been communicated to the complainant vide this office letter No.630(4) dtd. 12.08.14(Annexure-III). In the written statement, it is prayed that a direction may be given to complainant to clear his arrear outstanding dues before availing a new service connection.
4. Heard, the arguments of complainant and authorized officer of OP and perused the annexures filed into the dispute along with number of additional written counter filed by Opp.Party. It is an admitted fact that a electric power supply was given since long to the undivided plot of the complainant bearing Consumer No.01035911/D 12 C 213 and the said consumer number was allotted to elder brother of the complainant namely Sk.Akbar Ali. It is further admitted that later the plot was divided between four brothers after death of the father of the complainant.
The complaint is filed when the Opp.Party denied a new service connection to the complainant, though Treasury challan,estimate copy and other formalities were complied by the complainant. It is further alleged that another brother Sk.Mutaq Ali has given a new service connection by the Opp.Party ignoring the application of the complainant. On the other hand Opp.Party submit that as an arrear outstanding was pending on the said plot which was subsequently divided among four brothers with an arrear outstanding of Rs.1,59,967.67 paise upto 4/2014. As per the provisions of OERC Code before giving a new service connection to a subdivided plot, the arrear outstandings of undivided plots shall be divided in pro-rata basis an area of sub-division and after clearance of the pending arrear outstandings new service connection shall be given to the applicant. It is also a fact that the consumer No.01035911/D 12 C 23 wasallotted in favour Sk.Akbar Ali elder brother of the complainant and the other 3 brothers were enjoying the power supply from the same consumer number. As the complainant was a defaulter in respect of his pending arrear dues as per his share and basing on the report Junior Manager(Elec.) Section-1,Kendrapara dtd. 27.09.2013 power supply could not be effected to the complainant’s premises.
It is also a fact that complainant challenging the illegal acts of the Ops raised the grievances before GRF,Paradeep and OMBUDSMAN(1). The Hon’ble OMBUDSMAN on his reconciliation dtd. 30.07.2014 passed the order in presence of 4 brothers and the authorized officer of Opp.Party. In the order Ld. OMBUDSMAN clearly defines the shares of the brothers in connection to pending arrear outstanding dues. The 4 brother being agreed, signed the reconciliation order. Ld. OMBUDSMAN further directed that SDO(Elec.),Kendrapara Division will revise the bills and same to be served within 15 days. SDO(Elec.),Kendrapara in their Letter No.630(4) dtd. 12.08.2014 intimated the complainant that his share of arrear outstanding amounts to Rs.38,962.84 paise upto 5/2014. After passing of reconciliation order and during the pending of present proceeding complainant drew our attention on two points(1) alleging unfair trade practice and deficiency in service complainant submits that Opp.Party with an ulterior motive denied the new service connection to the complainant whereas the Opp.Party gives a new service connection to the another brother namely Sk.Mustq Ali though an arrear of same amount is pending on his brother which is reflected in the reconciliation order of the Ld. OMBUDSMAN.
But in spite of the order of the OMBUDSMAN complainant has no way benefitted for such discrimination procedure adopted by the Opp.Party. Secondly, the arrear fixed by the Opp.Party upto 5/2014 is illegal,erroneous not based on facts. The Opp.Party filed a number of petitions by way of additional written version and statement of ledger copy of the account disclosing the pending arrear dues of the complainant. Complainant also files petition challenging the fixation of arrear dues and the accounting procedure of the Opp.party. We have nothing to interfere in the order of the Ld. OMBUDSMAN(1) as it is an authority established and competent enough to adjudicate the dispute related to power supply. Further, when the parties are agreed to the reconciliation this Forum can not express any different views as it will lead to a clash between authorities. But so far the allegation of unfair trade practice and deficiency in service concerned it is clear that Opp.party has adopted unfair trade practice by denying the new service connection to the complainant on comparison to his another brother Sk. Mustq Ali who availed the new service connection in spite of pending arrear dues, for which the complainant should be compensated. Further during pendency of the present proceeding and without any intimation to the Forum, Opp.Party disconnected the power supply to the complainant’s residence. By order of this Forum dtd. 25.08.2014 gave a temporary connection to the complainant subject to certain conditions.
So far the amount of pending arrears are concerned it reveals from the Letter No.630(4) dtd. 12.08.2014 that complainant has to pay Rs.38,963/- upto 5/2014 and letter no.659 dtd. 22.08.2014 also reveals that in addition to the amount of Rs.38,963/- an arrear amount of Rs.6381/- ( due from June 2014 to dtd. 20.08.2014) in toto Rs.45,344/- is pending as arrear outstanding dues on complainant upto dtd. 20.08.2014. The additional written version filed by Opp.Party on dtd. 26.11.2014 along with statement of ledger copy reveals that complainant has deposited Rs.5,000/- on dtd. 04.09.2014 vide M/R No.TT/675801 and another Rs.5,000/- vide M/R No.TT/2237/599610 dtd. 19.09.2014 and the remaining balance of arrear outstanding amounts to Rs.35,344/-. As per our discussion in the previous paragraph the complainant deserves compensation for partiality and disconnection of power supply which gives mental agony to the complainant, accordingly Rs.10,000/- is awarded as compensation, which is to be deducted from the arrear outstanding of the complainant( Rs.35,344 – Rs.10,000/- = Rs.25,344/-). Considering the documents, letters, copy of the ledger amount, we arrive into a conclusion that the total arrear outstanding/dues of the complainant is Rs.25,344/- upto August,2014 and after availing the power supply on temporary basis the complainant is paying the monthly dues regularly which ascertained during the arguments of the proceeding and the arguments are substantiated as no ‘Notice’ has been issued to complainant regarding default of payment during temporary power supply which continues till date and complainant deposits Rs.540/- flat per month as fixed rate for monthly energy charges if the complainant opts for a new service connection as per the provisions of the Opp.Party. His application for new service connection will be considered by the Opp.Party as per our observation. After clearance of pending arrear dues and after out of total arrear outstanding of Rs.25,344/- with an initial payment of Rs.15,344/-. The Opp.Party will provide the new service connection and remaining balance of arrear oustandings Rs.10,000/- will be cleared within a span of two months along with compliance of other formalities, the Opp.Party will revise the monthly energy bill of the complainant from September,2014 to till its date finalization basing on the actual consumption on meter reading as per the provisions of OERC Code. If any excess amount is paid by the complainant during the period same to be adjusted in the future monthly bill of the complainant. It is further directed that complainant will deposit the ordered amount of rs.15,344/- within one month of receipt of the letter of the Opp.Party for providing new service connection, failed to comply the order action will be initiated under provisions of C.P.Act,1986 against the defaulting parties.
The complaint is allowed in part on contest without cost.
Pronounced in the open Court, this the 30th day of May,2016.
