Orissa

Jajapur

CC/86/2017

Smt.Subasini Rath - Complainant(s)

Versus

Executive Engineer(NESCO) Utility Kuakhia Electrical Division. - Opp.Party(s)

Sri Alok Kumar Pani

20 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                                                  Present:      1.Shri Jiban ballav Das , President

                                                                `                                    2.Sri Pitabas Mohanty, Member,

                                                                                                                        3.Miss Smita Ray, Lady Member.                     

Dated the 20th day of  June,2018.

C. C. Case No.86/2017

             

Smt. Subasini Ratha ,W/O  Sri Pradip ku.Ratha

Vill – Baransh , P.O- Rasulpur

Dist. -Jajpur.                                                                                                                    …….Complainant.                                                                                         

     Versus.

1.Executive Engineer NESCO,   Utility Kuakhia Electrical Division,

    At/Po-Kuakhia, Dist.-Jajpur.

2. S.D.O, NESCO,   Utility Kuakhia Electrical Division,

     At/Po-Kuakhia, Dist.-Jajpur.

3. Junior Engineer NESCO,    Utility Kuakhia Electrical Division,

     At/Po-Kuakhia, Dist.-Jajpur.                                                                                                  ……..O.Ps.

For the Complainant:                                   Sri A.K.Pani, Advocate ,

For the Opp.Parties :                                    Self.

                                                                                                             Date of order:   20 .06.2018.

MISS  SMITA  RAY , LADY  MEMBER  .

           This dispute from the side of the petitioner has been filed due to non supply of power  to the house of the petitioner.

           The facts as stated by the petitioner in the complain petition shortly are  that the petitioner constructed a residential house on his  ancestral  property . After construction of the house Satyajit Boitei and Hemalata Boitei  were living in a room with the approval of the petitioner. Subsequently the above two cited persons are claiming title and possession on the  said land ,for which a Civil suit bearing No.699/2016 is pending at Jajpur Hon’ble Civil Judge (Sr.Division) Jajpur. Further it is stated by the petitioner that she is suffering from diabetics  as well as a heart patient. Accordingly owing to the above factual aspect though she applied to the o.ps to supply the  electricity to the resident of the petitioner but the o.ps refused to give power supply on the ground as there is civil dispute is pending  it is not possible on the part of the O.Ps to supply electricity to the resident of the petitioner . In such situation the petitioner finding no other ground has filed the present dispute along with as interim application U/S 13(3) B of C.P.Act 1986 with the prayer to direct the  O.Ps to supply electricity to the resident of the petitioner permanently and prior to that the power supply may be provided U/S 43 of Electricity Act 2003.

                    After appearance the O.ps filed the counter reply taking the stand that :

                    The petitioner applied to the J.M (Electrical) kuakhia for providing new service connection to her premises. After verification of the documents it is ascertained that there is  one existing service connection available in the name of Smt Hemalata Boitei  for domestic purposes  who by an application has objected to provide new service connection to the petitioner  since the petitioner though is occupying the premises in rented basis for a long  period of time but at present there is a civil suit bearing No.102/2016  in between the petitioner and Smt Hemalata Boitei is pending in the Civil Judge (Sr. division) Jajpur. The petitioner also has submitted a complaint copy vide C.C.No.699/2016 of the  Court of Civil Judge Sr.division ,Jajpur.Owing to the above situation the new service connection was not provided to the petitioner which was intimated  by the J.E (Electrical) Kuakhia Vide  this office letter No.287 dt.28.06.2017.

                After perusal of the record and documents filed from both the sides we are inclined to dispose of the dispute as per our observation below:

                It is admitted facts that the petitioner is residing in the premises which is situated at Village.Barnash either in the capacity of real owner or a tenant as has been stated by O.P in the counter reply .That as per  objection filed by Smt Hemalata Boitei ( the objector) the petitioner is residing in a rented premises . Accordingly the power supply should not be  in her name.

b. Further as per averments of complain petition and counter reply it is admitted facts that at present   there is a Civil dispute in between the petitioner and the objector Smt Hemalata Boitei  to  decide the title of the land on which the house has been constructed. Hence, the moot question relates to consider in such situation  whether the petitioner is entitled to avail power supply . In this context the petitioner has relied on the observation of Hon’ble Supreme Court and appellant Forums which are

1.2000(1)CLT-39-Supreme court –para-5

2.1998(1)CLT-250-NC-para-7

                “Filing of suit for different relief during the pending of the proceeding before the consumer Forum could not outs the jurisdiction of consumer Forum “.

111.2005(1)CPR-455-West Bengal Electricity is an  essential amenity for life and a person can not be denied that on ground of property dispute “.

IV.2017(3)CLT-413-West Bengal

                “ An occupier of the house is entitled to avail power supply as per provision of section -43 of Electricity Act 2003.

                In the above situation at the time of considering the interim petition U/S 13(3)B this Fora directed the o.ps to supply electricity to the resident of the petitioner as per regulation 80(14) of OERC Distribution (Condition of Supply ) code 2004 and the O.Ps after receipt of the interim order though  have  provided temporary power supply to the resident of the petitioner without any delay but subsequently the petitioner has filed a petition on 04.04.18 with prayer to direct the O.ps to convert the temporary line to permanent line installing a meter as well as the O.ps may be directed not to disconnect the power supply since the petitioner is a ailing person.

                 In this context we are in the considered view that even if for the sake of argument the contention of Smt Hemalata Boitei ( the objector)  who has stated that the petitioner is residing in a rented house as stated by the O>p in the counter reply is accepted then in such situation the petitioner is entitled to avail power supply in view of the observation of appellant Forums.

                1.2003(2)CPR-282-W.B

                “ Tenant can be allotted separate meter “.

                11.2001(3) CPR-269-Odisha

                “ Tenant is entitled to avail electricity “.

                111.More over the plea taken by the O.Ps that due to pendency of Civil dispute on the disputed land the petitioner has not been provided power supply which is not tenable in the eye of law on the ground the civil suit has been filed to decide the title and  consumer dispute  is only to avail power supply .As such the issues of civil suit and consumer dispute are not same , for which the petitioner is entitled to avail power supply in view of the observation of Hon’ble Supreme Court and Appellate  Forums stated above.

IV.Further the petitioner has stated that she is a heart  and diabetics patient .

                Hence in the above factual aspects the law is consequently in favour of the petitioner for which the dispute is allowed.

O R D E R

                The dispute is allowed .The O.Ps are directed without disconnecting the power supply from the premises of the petitioner as to convert the   petitioner temporary electricity connection to permanent connection by installing  a new tested meter at the cost of the petitioner and after  taking the  initial permanent power supply  charges as per law .

                The petitioner is also directed to clear up the outstanding dues of the temporary power supply within 7 days ( seven days) after receipt of the order .

                The permanent power supply shall remain in force not only till disposal of the Civil dispute pending in the Civil Judge (Sr. Division )Jajpur  but also in the appellate  Forum if any appeal / revision was filed by either party  and the O.ps are at liberty to disconnect the power supply in case the petitioner lost the title on the disputed land in future.

                The petitioner is also directed to pay the electricity dues regularly as per meter reading after receipt of the bill failing which the O.Ps are at liberty to disconnect the power supply as per law.

               This order is pronounced in the open Forum on this the 20th  day of June,2018. under my hand and seal of the Forum.