SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of not providing new electric connection to the Complainant’s residential house are the allegations arrayed against OPs.
2. Complaint in brief reveals that, Complainant is a widow and lawful owner of the Plot No.289/1604, which is recorded on the name of her deceased husband Nursingha Charan Parida, S/o- Pari Parida. Complainant has constructed a residential house over a portion of the scheduled land and applied before the electricity authorities as per the formalities to get a new electric connection and no arrear outstanding of electricity dues are pending in her name or in her family members name. As per the official norms, Complainant filed affidavit, treasury challan, other relevant documents to avail the connection. But the Ops are not taking any effective steps to provide a new electric connection to the Complainant for which Complainant and her family member suffering a lot, hence the Complaint before the Forum with prayer that a direction may be given to Ops to provide a new electric connection and to pay Rs. 20,000/- as compensation for mental agony.
3. Being Noticed Ops appeared into the dispute and filed written statement. Ops in their written statement averred that Ops, Enzen Global Solution Pvt. Ltd. empowered to provide new service connection as per the agreement between CESU and ENZEN. It is also averred that on verification it is found that Complainant’s father-in-law Parikhita Parida @ Pari Parida is a domestic category of consumer under Ops bearing consumer No.012023576 An arrear outstanding of Rs.2,41,341/- is pending in the name of the deceased consumer Pari Parida and the consumer billing statement is filed as Annexure-A. When the pending of arrear dues came to the knowledge of the Ops, Complainant was asked to clear the arrear outstandings to avail new power supply as per the Regulation 10(i) of OERC(condition of Supply) Code-2004. Accordingly, the Ops have not committed any deficiency in service and the Complaint is devoid of any merit, is liable to be dismissed with exemplary cost.
4. Heard the arguments advanced by counsel for the parties written notes on argument of complainant. Complainant in support of her pleas filed attested Xerox copies KhataNo.32(R.O.R.), Municipality Tax receipt, Municipality Holding Certificate and a copy of letter addressed by Complainant along with Postal acknowledgement receipts and copy of Treasury challan showing payment of Rs.34/- to the Executive Engineer, Division-1, Kendrapara. On the other hand Op-electricity authority filed attested photocopy of consumer billing statement of Parikhita Parida, bearing consumer No.01023576, copy of the report of the line-man of Ops and copy of R.O.R. published in the name of Nrushingha Ch. Parida.
The admitted facts of the case are that Complainant applied before the Ops to avail a new electric connection and the new electric connection is not given to the Complainant/Applicant till-date. Ops citing the reasons of not providing the new service connection take the plea that a huge arrear outstanding of rupees above 2 lakhs is pending in the name of the applicant’s father-in-law namely Parikhita Parida @ Pari Parida, who was a domestic category of consumer under Ops bearing consumer No.01023576 and as per the Rule 10(i) of OERC(condition of Supply) Code-2004, unless the arrear amounts are not cleared new connection can’t be given. Complainant resisting the plea submitted that as per the schedules of the landed property plot No.289/1604 described in the petition is recorded in the name of her deceased husband Nuringha Ch. Parida, in whose name no arrear outstanding is pending and no electric connection exists in the said Plot No. 289/1604. The core question in the present dispute is whether a new electric connection/power supply can be denied to Complainant-daughter-in-law for pending arrear dues against her father in-law and related electrical laws involved the dispute.
Now, it is clear that, Complainant Pramila Behera is an applicant for new electric connection before the Ops to her residential house located over Plot No. 289/1604 and the said plot is recorded in the name of Nrusingha Parida, deceased husband of Complainant/Applicant. The said plot has not been transferred to the name of the Complainant and after death of her husband, if so no document into that effect is produced before this Forum and she is the natural successor of her properties after death of her husband Nursingha Charan Parida. As per the provisions of Regulation 10(i) of OERC, Can the Ops deny a new electric connection in the present circumstances? The report of the line-man of Ops and consumer billing statement, reveals that an amount of Rs. 2,41,342/- is pending against consumer No. 01023576 and the recorded consumer is Parikhita Parida @ Pari Parida. The recorded tenant as per R.O.R. of the applicant’s Plot is Late Nurisingha Charan Parida, deceased husband of the Complainant/Applicant. It is quite clear from the Provisions of 10(i) of OERC Code-2004, “if the applicant in respect of an earlier agreement executed in his/her name or in the name of his spouse, parents or in the name of a firm or company with which he/she was associated either as a partner, director or managing director, is in arrears of electricity dues or other dues for the same premises payable to the license, the application for supply shall not be allowed by the engineer until the arrears are paid in full”. But the in the dispute in ‘hand the Complainant/applicant’s husband, the recorded tenant Nurisingha parida has died, and defaulting consumer Late Nurisingha Parida’s father Parikhita Parida @ Pari Parida also expired leaving his other Co-shares as revealed from the copy of the R.O.R. filed before this Forum, equally defyning said Regulation, it is no where disclosed that the new power supply can be denied for a default of payment and pending of arrear dues of deceased father-in-law of the applicant. After a careful consideration, this Forum is of the opinion that Regulation 10(i) of OERC (condition & Supply) 2004 is not applicable to the instant proceeding rather 10(vi) of the said Regulation is applicable, which described as follows.
“Any charge for electricity or any sum other than charge for electricity as due and payable to license which remains unpaid by a deceased consumer or the erstwhile owner/occupier of any land/premises as the case may be, shall be a charge on the premises transmitted to the legal representative/successor-in-law or transferred to the new owner/occupier having lawful occupation of the premises as the case may be, and the same shall be recoverable by the license as due from such legal representative or successor-in-law or new owner/ occupier having lawful occupation of the premises as the case may be”.
The said Regulations on analyzing, it is clear that Ops are empowered to collect the pending arrear dues, if any from the legal representative or successor-in-law, but can’t deny a new service connection to the applicant as electricity is an essential requirement in a present day.
Having observations reflected above, it is directed that, Ops will provide a new electric connection to the Complainant/Applicant considering her application submitted earlier after complying the other Official formalities as per the law, within one month of receipt of this order failing action will be initiated as per the provision of C.P.Act, 1986.
Accordingly, the complaint is allowed without any cost.
Pronounced in the open Court, this 21st day of October,2017.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
