Orissa

Kendrapara

CC/48/2014

Sankarsan Patra - Complainant(s)

Versus

Executive Engineer,CESU,Division-1 - Opp.Party(s)

Gagan Bihari Jena & Associate

30 May 2016

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/48/2014
 
1. Sankarsan Patra
S/o- Late Binod Bihari Patra At-KhadipalPo- Balipatana Ps- Pattamundai
...........Complainant(s)
Versus
1. Executive Engineer,CESU,Division-1
At/Po-PS- kendrapara
2. S.D.O. CESU
At/pO/Ps-Pattamundai
Kendrapara
Odisha
3. J.E./Junior Manager
At/Po/Ps- Pattamundai
Kendrapara
Odisha
4. Asis Kumar Jena,D.P.M.ENZEN GLOBAL SOLUTION PVT.LTD.
At/Po-Alva Ps-Pattamundai
Kendrapara
Odisha
5. Srikanta panda, Project Manager.
Enzen global solution Pvt.Ltd. AT/Po-Betal Ps- Pattamundai
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Gagan Bihari Jena & Associate, Advocate
For the Opp. Party: None, Advocate
Dated : 30 May 2016
Final Order / Judgement

SRI BIJAYA KUMAR DAS,PRESIDENT:-

                            Deficiency in service  in connection to non-supply of new electricity service connection are the allegations arrayed against the Opp.Parties.

2.                  Complaint,  in brief reveals that complainant is a permanent inhabitant of village Khadipal and residing over Hal Plot No.808 and 814 under Hal Khata No.276. The Opp.Party No.4 & 5 i.e. Enzen Global Solutions Pvt.Ltd are the Franchise holder of OP No.1 to 3 i.e. CESU. As per the agreement executed between OP No.1 to 3 and OP No.4 & 5 the powers of new service connection is entrusted on OP No.4 & 5. It is also revealed from the complaint petition that in order to avail a new service connection to the residential house complainant applied before OP No.3 on dtd. 13.08.2014 with  required documents and a sum of Rs.25/- was deposited as processing fees as per the OERC Code,2004. After a physical verification by Ops and being satisfied instructed the complainant to deposit one E.C.meter. Accordingly on dtd.20.08.14 complainant deposited the said meter bearing M.No.2801394 along with required testing fees. When the complainant requested the Junior Manager to provide a new service connection,  the Junior Manager turned down the proposal and advised the complainant to avail the power supply through temporary connection. Complainant to comply and to avail the temporary connection deposited Rs.500/- on dtd.20.08.14 vide its receipt No.745997. It is further revealed from the complaint that though complainant has acted as to avail the new service connection as per the instruction of Ops, but till date complainant is availing power supply on temporary connection basis. It is alleged that such non-providing of new service connection gives mental agony to the complainant and prayer is made before this Forum that a direction may be given to Ops for providing a new service connection.                                        

4.                     The Notice of the complainant was sent through Regd. Post with AD by this Forum. But the Ops did not prefer to appear into the dispute, hence set-exparte. Complainant to substantiate his case filed attested Xerox copy of Retail Invoice showing the purpose of meter and another Xerox copy of money receipt granted by OP No.1 to 3 showing the receipt of Rs.500/- for temporary connection. As the complaint petition is no way countered, this Forum legally compelled to accept the version of the complainant. Further, on order bearing No.3 dtd. 10.11.2014 of this Forum, where a direction was given to continue power supply to complainant’s residence. On temporary basis till filing of the written version. As the Ops did not appear into the case nor filed any written version, it is presumed that the temporary connection still exists till date. The Interim order passed by this Forum bearing No.3 dtd. 10.11.2014 is hereby vacated with following conditions.

                     As per aforesaid observations, it is directed that Ops will provide a new service connection to the complainant’s residence within one month of receipt of this order if not connected earlier in pursuance to compliance of provisions of O.E.R.C.Code,2004,failing which action will be initiated under provisions of C.P.Act. The Ops are here\by restrained to disconnect the  temporary connection till compliance of our order.

                       The complaint is allowed in part  on ex-parte.

                              No order as to cost.                                                           

              Pronounced in the open Court, this the 30st  day of May,2016.            

                                                                

 
 
[HON'BLE MR. Sri B.K. Das]
PRESIDENT
 
[HON'BLE MR. sri Nayananda Das]
MEMBER
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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