The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer (Electrical), Gandibed, O.P No.2 is the S.D.O, Electrical, Khaira, O.P No.3 is the Executive Engineer, Electrical, Soro and O.P No.4 is the Managing Director, NESCO, Januganj, Balasore.
2. The case of the Complainant in brief is that the Complainant being a BPL category person and is a bonafide domestic Consumer under the O.Ps bearing Consumer No.RGSK-3249985 and paying the energy charges regularly. But, on 26.07.2014, the O.Ps disconnected power supply to the house of the Complainant without assigning any reason. The O.Ps neither have served any disconnection notice nor given opportunity to comply the irregularities if any to prevent disconnection of power supply violating Sec- Nil of Odisha Electricity Act. The O.P No.3 being the co-villager of the Complainant, out of rivalry directed O.P No.1 and 2 to disconnect power supply illegally to harass the Complainant. The Complainant has prayed for compensation for mental agony and harassment and litigation cost.
3. Though the O.Ps No.1 to 3 have appeared in this case through their Advocate, but they have not filed their written version in this case and the Advocate for O.Ps No.1 to 3 took part in hearing of this case.
4. Though sufficient opportunities were given to O.P No.4, but he has not appeared in this case. The O.P No.4 is also set ex-parte.
5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that on 26.07.2014 without any notice, the O.Ps disconnected power supply to his house though he was paying the energy charges regularly to the O.Ps. The O.P No.3 is his co-villager and having rivalry relation with him and at his instruction, disconnection was made. For such illegal harassment, the Complainant has filed this case praying for compensation and litigation cost. On the other hand, the O.Ps No.1 to 3 have not filed their written version, but only took part in hearing and they have no base on argument and they have also denied about the allegation of the Complainant. The O.P No.4 is set ex-parte as mentioned earlier. But, challenging against the interim order passed by this Forum, the O.Ps have approached in State C.D.R Commission, Odisha, Cuttack vide Revision Petition No.116 of 2014, where in the Hon’ble State C.D.R Commission, Odisha, Cuttack has targeted this case and the interim order stood vacated.
6. So, now on careful consideration of all the materials available in the case record, we found no reason as to why the O.Ps have disconnected the power supply of the premises of the Complainant, which is whimsical, for which they are liable to restore the power supply to the premises of the Complainant along with compensation and litigation cost and in our opinion, the O.Ps are jointly or severally liable to pay an amount of Rs.5,000/- (Rupees Five thousand) only towards compensation and an amount of Rs.2,000/- (Rupees Two thousand) only towards litigation cost to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum from the date of order till realization, which will meet the ends of justice in this case. Hence, Ordered:-
O R D E R
The Consumer case is allowed on contest against O.Ps No.1 to 3 and on ex-parte against O.P No.4 with cost. The O.Ps are directed to restore the power supply to the premises of the Complainant and they are also jointly or severally directed to pay compensation of Rs.5,000/- (Rupees Five thousand) only and litigation cost of Rs.2,000/- (Rupees Two thousand) only to the Complainant within 60 days of receipt of this order, failing which it will carry interest @ 9% per annum from the date of order till realization. The Complainant is also at liberty to realize the same from the O.Ps as per Law, in case of failure by the O.Ps to comply the Order.
Pronounced in the open Forum on this day i.e. the 6th day of April, 2018 given under my Signature & Seal of the Forum.