ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:
JUDGMENT
Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;
“Direct the opposite parties to disconnect the electric line supplied in the name of Chhabirani Biswal from the land of the complainant, supply the correct electric bill to the complainant which is to be paid on installment basis, not to disconnect the electric supply to the poultry farm of the complainant and pay Rs.5,000/- towards the mental agony and harassment and Rs.5,000/-towards litigation fees”.
The brief fact of the case is that the complainant is a resident of village Tulanga which comes under jurisdiction of this Commission. The complainant namely Puspalata Nayak is a consumer and having consumer No.04539852 and supplied power supply to her poultry farm under TPCODL and regularly paid electric bill to the opposite parties. The complainant was set up a broiler farm over plot No.789 under khata No.247, area Ac 1.67dec of Mauja Tulanga the said land was on Deed of lease from Laxmidhar Biswal, S/o. Nabkishore Biswal the deed bearing No.10771200531 dt.30.5.2012 for a period of 15 years since then the complainant was set up her broiler farm as lease holder on that land. On 07.02.2017 the complainant complained before opposite parties that in same plot Chhabirani Biswal had a electric connection vide consumer No.04928879 and consumed electricity illegally and after her complaint the opposite parties disconnect the electricity of Chhabirani Biswal. After cyclone “Fani” opposite party No.1 again reconnected the said line in the name of Chhabirani Biswal in the same plot without taking any consent of the Complainant. After Fani the farm was damaged and the farm was not set up again due to financial problem so some electricity dues pending on the complainant. In the month of November 2019 opposite parties issued notice of disconnection with fine Rs.29,240/-, hence this complaint.
The complainant submitted following document in favour of her case;
- Lease Agreement dt.30.06.2012
- Disconnection Notice
- Advocate Notice dt.18.12.2019 and return of advocate notice refused by the opposite party No.1
- Electricity Bill 23.11.2019
- Payment statement of Chhabirani Biswal to CESU
Notice was issued to opposite parties on 04.02.2020 and the opposite parties 1 and 2 another notice was issued on 29.09.2022 to the opposite party No.3. In spite of notice the opposite parties never responded and was set ex-parte vide order No.25 dated 28.4.2022 as the notice was sent in the correct address with postage prepaid for which notice was deemed to have been sufficient on the opposite parties as the opposite parties preferred not to appear they were set ex-parte and the Commission proceeded to dispose of the case.
The prayer of the complainant that in same plot Chhabirani Biswal had a electric connection vide consumer No.04928879 and consumed electricity illegally that she take electric connection from opposite parties in same plot without consent of the lease holder and as the opposite parties set ex-parte the actual fact was not clear. It is no doubt that complainant is a regular electric bill payer to the opposite parties till the cyclone “Fani”. The broiler farm was severely damaged in the cyclone and the complainant cannot set up the farm due financial crisis. The opposite party without any physical verification of the farm impose fine of Rs.29,240/-with disconnection notice which is illegal, and whimsical and create deficiency of service on the part of the opposite parties.
Since the complainant is paying the bills as per consumption in her broiler farm without physical verification of the farm after the cyclone whether it is exist or not the opposite parties imposing fine is illegal, arbitrary, whimsical and negligence of opposite parties which create deficiency of service on the part of the opposite parties for which we deduct 25% from the fine amount (i.e. Rs.29,240/- - Rs.7,310/- =Rs.21,930/-). After deduction the complainant shall pay Rs.21,930/- to the opposite parties in 24 installments with regular bills and direct the opposite parties to give a copy of duplicate application with documents of Chhabirani Biswal to the complainant which she was submitted for the new electricity connection of consumer No.04928879 and direct the opposite parties not to disconnect the electric line to the complainant and issue correct bill in favour of the complainant. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.
