Order No.4 dt.02.03.2021
Advocate for complainant files list of documents. Authorized representative of O.Ps- Smt. G.Pradhan Dy. Manager, Legal (NESCO) files written version along with a memo in respect of inspection report of the concerned J.E & diagram of the line connected to the house of the complainant and her mother in law whose first Appeal case is sub-judice in the state commission, Odisha . Copy of which served upon the complainant. When the petition taken up for hearing, both parties arrayed at a conclusion to dispose of the case on merit.
Heard the parties to this case & perused the materials on the record. At the outset the complainant stated that, she has applied online for a new connection to her newly constructed house and also paid the required fees and other initial deposits online. But the O.Ps did not initiate any action for power connection even after two months to the house of the complainant, which amounts deficiency of service. On the contrary O.Ps stated in submitting that the complainant is not a consumer within the meaning of C.P Act -2019 & the land on which the house of the complainant is situated stands recoded in the name of Smt Bilasini Swain who is a defaulter of the O.Ps for a sum of Rs.2,66,178.51 . Another C.D. Case was filed by Smt. Bilasini Swain in the present District Commission which was finally disposed of and the said case was dismissed by this commission on merit. Smt Bilasini Swain has preferred first Appeal Case in the State Commission, Cuttack which has been admitted and Hon’ble State Commission has stayed the Order Passed by this Dist. Commission. Secondly the O.Ps have filed a petition raising the question of maintainability as to this Dist. Commission has no jurisdiction to hear this case. On the other hand the complainant stated that the premises to which new connection is applied for stands recoded in the name of present Complainant and as such there is no legal impediment to provide connection to her house.
The objection raised by the opposite parties relates to the title of the land which is beyond the jurisdiction of this Dist. Commission and the said matter can be decided in the appropriate court of law as to how the land has been transferred to the name of the complainant of this case & the question of legality of such transfer of land is not a matter to be decided by the present Dist. Commission. Secondly as regards to the status of the complainant as a consumer, the complainant has deposited online a sum of Rs.4,555/- under various head including process fee which earns for the complainant the status of a consumer . Raising of the objection about the status of the complainant as a consumer is not sustainable & the objection on the question of maintainability is hereby Rejected.
Since the complainant has applied for new connection with deposit of required amount as highlighted in the web site, it is the responsibility of O.Ps to initiate action for connection of power line to the premises of the complainant. Further it is also observed that if the complainant is not eligible for new connection, the O.ps should have refunded the deposited amount immediately within a week or two. But the O.Ps grossly neglected in performing their legitimate duties that amounts deficiency of service. Hence the O.Ps are bound to provide power supply with new connection to the premises of the complainant. Hence ordered;
ORDER
In the result the complaint be and the same is allowed against O.Ps on contest without cost & compensation. O.Ps are directed to provide new connection on compliance of required formalities to the premises of the complainant within 15 days from the date of receipt of this order without fail.
This Order pronounced in the open Court under our hand and seal of the commission on this 2nd day of March 2021.
