1. Brief facts, giving rise to the present complaint are that the complainant had applied for new electricity connection through on line on dtd.14.3.2021, meant for domestic use and he had complied all the requirements as advised by O.P., but ultimately could not avail power supply to his premises. Alongwith other documents copy of ROR stands recorded in his mother name wherein his residential premises situates provided on dt.26.4.2021 and that on the same date he deposited Rs.3593/- towards cost of new connection as per advised received from O.P.s.It is specifically pleaded that despite all efforts from the side of the complainant, he could not get electricity connection as applied for and that his residential premises stands in his mother’s name. Again alleged payment of extra of Rs.7,000/- through line man namely Satanu Acharya for the said purpose. Regarding this, letter dtd.1.6.2021, was also sent to O.P.No.3 which was received on dtd.8.6.2021 .It has alleged that new connection has already been supplied to his elder brother, who is residing in the said premises separately.
2. Being aggrieved thereby and alleging deficiency and unfair trade practice sought for reliefs like immediate supply of electricity to his residential house and compensation for Rs.50,000/- mental agony and Rs.5,000/- towards cost of litigation.
3. Per contra, upon notice, O.P. have field their joint written versions all but, denying allegations as alleged by the complainant. O.Ps have totally denied and disputed allegations of deficiency in service and unfair trade practice. The substance of their contention is that after due verification it is ascertained that  the residential house of the complainant stands recorded in the name of father of the complainant and electricity has been supplied, earlier  vide consumer No.293101150126 and that since outstanding arrear amounting to Rs.1,49,252/- is yet to be paid by the father of the complainant. It is therefore specifically averred that nonpayment of outstanding arrear of electricity is the grounds of refusal for supply of new electricity connection. Interalia, it is also denied that O.Ps have received Rs.7,000/- from the complainant through lineman namely Santanu Acharya and also denied to receive any letter to the complainant on dtd.8.6.2021.
4. On the rival contentions and hearing of both the parties, the sole issues that arise for consideration is
5.  Whether opposite parties are justified to deny new electricity connection as applied for in view of outstanding arrear pending against father of the complainant?

Discussion and findings thereon

In this case, the only dispute is concerning non supply of new electricity connection to the premises of the complainant on the ground of outstanding arrear pending against father of the complainant.

In this case, the complainant had filed Xerox copy of letter dd.1.6.2021, coy of registration for new service connection, Adhar card, transfer of money slip ondtd.26.4.2021, payment receipt vide No.1619441575036337 of Rs.3, 593.00.Evidene in shape of affidavit, dtd.23.8.2022, net copy of ROR vide Khata No.959, recorded in the name of Sumati Das, W/O Harihara Das, (mother of the compliant) and another ROR vide Khata No.826, recorded in the name of feather of the complainant Harihara Das.

On the other hand, O.Ps has filed copy of electricity bill, stands in the name of Harihar Das dtd.4.7.2022 and a slip, wherein date and ground of refusal is mentioned.

The Ld counsel for the complaint in substance has submitted that all formalities are compiled for new connection as per advised of O.Ps and that the complainant is residing separately with his family in his residential house, situated over khata No.959, recorded in the name of his mother, and it is specifically pleaded in the complaint at para 6 and that he has received house loan from the bank in his name.

The Ld counsel also submitted that only on dtd.20.9.2022, he has been engaged as lawyer to conduct the case, at the stage of hearing and prior to that the complainant himself was contesting. Further submits that Harihar Das, father of the complainant died in the year 2015, and in a mechanical ways. O.Ps are generating bills against a dead person. The Ld.Counnsel also raise a question that a dead person is shown as a consumer for aboutseven years since none of his heirs are availing /consuming power supply. He also vehemently opposed the outstanding Electricity dues as legally not recoverable and otherwise barred and bad in law. In view of the matter sought for reliefs as prayed.

The Ld. Counsel also submits that despite order I.A No.4/2022 , the O.Ps have deliberately violated the order dtd 18.07.2022of this commission to the prejudice of the complainant as such exemplary cost be imposed for violation.

6. On the otherhand, Ld counsel has highlights OERC regulation, 2019, clause 17 and argued that new connection is rightly rejection on the ground of outstanding arrear pending against father of the complainant as such the O.Ps are not Liable any ways as alleged.
7. After hearing the parties and on analysis of the evidence adduced by the parties before us, we observed that firstly, the O.Ps are fails to substantiate that the so called total arrear of electricity is legally recoverable from the complainant. In the instant case the complainant is not only the legal heirs of deceased consumer Harihar Das
8. , the complainant has applied new connection to his residential house stands in lands recorded in the name of his mother.

   Thirdly, despite arrear, own brother of the complainant is availing power supply having a new connection in the same premises.

• , the distribution licensee has a statutory duty to supply electricity to occupier of any premises, if applied for tis.

   Fifthly, the O.Ps have every right to recover the arrear of electricity dues if not otherwise barred against a deceased from his legal heirs, by following due process of law.    

8. It is further observed after perusing the interim order of this Commission dtd.18.7.2022 in I.A No.4/2022 as under

Shelter without electricity makes the life miserable, electricity is the basic necessity for survival, non-supply or disruption of power supply effect “right to life” as enshrined in Article 21 of the constitution of India. No doubt, it affect children, enhance misery of old and sick person and unburnable in the present day.

Section 42 (i) and 43(1) of the Indian electricity act mandated to supply power within timeline.

  Smt. S. Padma versus CESU decided on Nov. 30,2012 by the Hon’ble High court of Odisha is relied on, wherein interalia directions are being issued to supply electricity forthwith to a consumer

      In view of  the facts and circumstances and considering submission and evidence and adduced from both the parties,  it  would be just and equitable to pass final order as under.

Operative part of the order

1. O.Ps are to supply new electricity connection to the residential house of the complainant as applied for without fail within 15 days and that O.Ps are at liberty to recovered the arrear outstanding vide consumer No. 293101150126 from the legal heirs of the deceased consumer, since all L.Rs are jointly and severally liable to pay the outstanding dues as claimed, if the same is legally recoverable at all.The complaint only one of the heirs of the deceased.
2.  The complainant is entitled to compensation to the tune of Rs.10,000/-(Ten Thousand) Only for willful violation of the Order of this commission in I.A No 4/2022  since the order remains unchallenged.
3.  Cost of agony, deficiency in service and towards deprivation of essential service and harassment an amount of Rs.15,000/-(Fifteen Thousand )only
4.  Towards cost of litigation Rs.5,000/-(Rupees Five Thousand)only would be fair and reasonable.

All application/petitions pending are hereby disposed of with above, the final order is pronounced in open court on the 31st day of January, 2023

The final order is signed and sealed and computerized as to my dictation. Copy be supplied free of cost, if applied for.