C.C. No.249/2023

Bhramarbar Mohapatra,

S/o. Late Bira Barik,

At- Bijayachandrapur,

P.O.- Atharbanki,

P.S.- Paradeep,

Dist.- Jagatsinghpur,

At Present- At- Gaurpada,

P.O.- Taladanda,

P.S.- Kujang,

Dist.- Jagatsinghpur.                                                    …………. Complainant

                             (Versus)

1. Junior Manager, Electrical, 

TPCODL, Section Office, Paradeep,

2. Sub-Divisional Officer, Electrical,

TPCODL, Paradeep,

3. Executive Engineer, Electrical,

TPCODL, Electrical Division, Paradeep,

All are of At/P.O.- Paradeepgarh,

P.S.- Paradeep Lock,

Dist.- Jagatsinghpur.

4. Basudev Biswal,

S/o. Late Biswanath Biswal,

At- Derunia, P.S.- Kakatpur, Dist.- Puri,

At Present- At- Tarenigada,

(Bijayachandrapur), Atharbanki,

P.S.- Paradeep Model,

Dist.- Jagatsinghpur.……. Opposite Parties

For Complainant………..Mr. R. Mohanty & Associates

For O.P. No.4………..Mr. D. Khatua & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                  JUDGMENT

            Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking provide electric power connection situated over Plot No.471/474 of Khata No.37 of Mouza Bijayachandrapur (Ward No.5) and pay Rs.1,00,000/- for mental agony and rs.30,000/- towards cost of litigation.

            This Commission vide order dtd.03.6.2023 issued notice to opposite parties No.1 to 3 directing as under;

            “Complainant filed an I.A. No.194/2023 (arising out of C.C. No.249/2023) U/s.38 (8) of the C.P. Act 2019 with a prayer to make a direction to the opposite parties to supply electric line connection to the house situated over Plot No.471/474 of Khata No.37 of Mouza- Bijayachandrapur (Ward No.5) of the complainant.

            Heard the learned counsel for the complainant ex-parte. Perused the documents found on record supported with affidavit. As it is essential service of the complainant, considering the facts and circumstances, issue notice to the opposite parties to file objection if any on 17.8.2023 as to why not the I.A. as stated above of the complainant shall not be allowed.”

            Opposite parties No.1 to 3 have neither filed objection nor appeared, so this Commission vide order dtd.17.8.2023 directed as under;

            “Advocate for the complainant is present. Opposite parties took no steps and found absent on call in spite of received Regd. Notice dt.05.8.2023. Heard the Advocate for the complainant. Considering the facts that the opposite parties have not comply the order dt.03.8.2023 till now and electricity being an essential service. Opposite parties are directed to supply the electric connection immediately to the premises of consumer vide Plot No.471/474 of Khata No.37 of Mouza- Bijayachandrapur (Ward No.5), failing which action shall be taken U/s.71 & 72 of Consumer Protection Act, 2019. Hence I.A. is hereby disposed of.”

            Opposite party No.4 filed intervener petition and this Commission vide order dtd.12.10.2023 allowed the intervener petition.

            It is the case of opposite party No.4 intervener that matter is subjudice before Hon’ble Civil Judge, Sr. Division in C.S. No.209/2021 with regard to right title and interest over the disputed plot and suppressing the said fact complainant has filed the consumer complaint and obtained order dtd.17.8.2023 behind the back of opposite party No.4.

            It is submitted by the counsel for complainant that electricity is an essential service and this Commission is higher in rank to adjudicate the issue and order of this Commission is no way concern with civil proceeding.

            Judicial discipline requires that party must come with clean hand but the complainant has suppressed the fact regarding pendency of Civil Suit No.209/2021 pending before Learned Civil Judge while filing the consumer complaint.

            It is not fair and proper on our part to encroach upon the jurisdiction of any appropriate Court adjudicating the issue and the competent Court adjudicating the issue is also empowered to give direction regarding electric connection.

            We therefore give liberty to both the parties to move to appropriate Court to raise their grievance and accordingly the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 02^nd May,2024.