Orissa

Kendrapara

CC/60/2014

Ashoka Kumar Pradhan - Complainant(s)

Versus

Junior Engineer(CESU),Section-3 - Opp.Party(s)

Pradeep Kumar Dash & Associate

29 Jun 2016

ORDER

OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
KENDRAPARA, ODISHA
 
Complaint Case No. CC/60/2014
 
1. Ashoka Kumar Pradhan
S/o- Dharanidhar Pradhan At-Daypur Po- Ostapur
Kendrapara
Odisha
...........Complainant(s)
Versus
1. Junior Engineer(CESU),Section-3
AT/PO/PS/Dist-Kendrapara
Odisha
2. S.D.O.(CESU),Kendrapara-1
At/Po/Ps- Kendrapara
Kendrapara
Odisha
3. Executive Engineer(CESU),Kendrapara-1
At/Po/ps-kendrapara
Kendrapara
Odisha
4. Manager Enzen Global Solution Pvt.Ltd.
At/po- Mirapatna
Kendrapara
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri B.K. Das PRESIDENT
 HON'BLE MR. sri Nayananda Das MEMBER
 HON'BLE MRS. Rajashree Agarwalla MEMBER
 
For the Complainant:Pradeep Kumar Dash & Associate, Advocate
For the Opp. Party: Pramod Kumar Samal & Associate, Advocate
 Sanjay Kumar Patri, Advocate
 Niranjan Bal, Advocate
Dated : 29 Jun 2016
Final Order / Judgement

Complainant remains absent. Ops filed written statement along with a statement of Account of Dharanidhar Pradhan. As per the previous order we heard the complainant on merit and Ld. Causels for the OPs.

            Complainant petition reveals that, complainant desires to avail a new electric service connection to his residential house from ops over plot No.- 539, khata No.- 82, Mouza- Deypur on death of one recorded tenant Dharanidhar Pradhan. Complainant to avail the new service connection deposit the challan no. 1613 dtd. 28/10/2014 and further undertakes to clear all the liabilities, if claimed by the Engineer of the Ops and prays this Forum, seeking a direction to Ops for providing a new service connection.

Written statement of Ops reveals that the application for new service connection of the complainant namely Dharanidhar Pradhan was a consumer under Ops being Consumer No.- 01033103 having an arrear outstanding of Rs. 1,65,780/- till May-2016 and as per the regulation 10(i) of OERC-code 2004 without clearing the arrear outstanding dues new service connection cannot be provided to the applicant-consumer. Hence the Ops have not committed any deficiency in service and same is to be dismissed with a direction to complainant to clear the arrear as outstanding dues.

            Considering the complainant, w/s. documents, statement of account of Late Dharanidhar Pradhan consumer No- 01033103 and copy of affidavit filed by complainants deceased further, which is not disclosed in the complainant petition. It appears from the complainant petition that complainant is ready to clear the liabilities. Further regulation 10(i) of OERC Code-2004 provides that no new service connection can be given to applicant if an arrear is pending in the name of parents. So it is clear the when father of the complainant is defaulter regarding payment of electric arrear dues, ops acted legally by not providing the new service connection, we freed the ops from any such liability of deficiency on service. Accordingly the I.A. misc case No. 19/15 is here by disposed of.

                                     ORDER

            Having observations reflected above, it is directed after clearance of arrear outstanding by the complainant and completion of other formalities new service connection be provided within a month considering the application of the complainant of the complainant.

                                            Complainant is allowed in part without cost.

                           Pronounced today in the open Court this 29 th of June-2016.

 
 
[HON'BLE MR. Sri B.K. Das]
PRESIDENT
 
[HON'BLE MR. sri Nayananda Das]
MEMBER
 
[HON'BLE MRS. Rajashree Agarwalla]
MEMBER

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