SRI NAYANANANDA DAS, MEMBER:-
Deficiency in service in respect of not providing new service connection of electricity to the complainant’s house are the allegations arrayed against Ops.
2. Complainant, in brief reveals that Complainant is a poor man and to avail a new electric connection applied before Op No. 1 and deposited Rs. 25/- as processing charges on 30/03/2014 and Op No.1 advised the Complainant to approach Op No.2 for new service connection. Further Complainant challenged the authority of Op No.1regarding receipt of the processing fees etc. Then Complainant on 03/04/2014 contracted Op No.2, who advised the Complainant to fulfill the requirements of purchasing new meter etc. to provide new Service Connection. Complainant further alleges that Op No.1&2 adopted dilatory tactics for which complainant by regd. Post intimate the Op No.3 & 4, that by installing a Jeypore made meter and accepting the required fees new service connection may be provided, but Op No.3&4 remained callous. As the Ops are avoiding to provide new service connection for which Ops are deficient in service and Complainant sustained mental agony for which a compensation should be awarded to the tune of Rs. 2 Lakhs.
3. Being Noticed Op No. 1&3 appeared through their Ld.Counsel Mr. P.K.Samal and filed joint W/V admitting the receipt of processing fee from the Complainant and states that Ops are ready to give new Service Connection and Complainant was asked to submit certain documents as per the list given in the W/V. Further It is stated that as per the OERC regulations without approved meter, P/S cannot be provided and the contesting Ops gave a list of approved meter manufacturing company. It is further revealed that Complainant is not co-operating the Ops and security deposit will be accepted only after verification of load. In the circumstances Op No. 1&3 prayed this Forum that, they have not committed any deficiency in service and Complaint is liable to be dismissed with cost.
Op No.2 Sri Dushyant Kumar Swain appeared personally and on behalf of Op No. 4 through authorization of letter bearing No. 1474 dt. 01/12/15 of Central electricity supply Utility(CESU) of ODISHA and filed W/S in to the dispute admitting the fact of deposit of processing fees by the Complainant. After receipt of processing fee with other documents which was handed over to J.E. ENZEN Global Solution Pvt. Ltd. by ltr. no. 59 dt. 25/04/2014 and ltr. no. 162 dt. 2/12/15. It is further submitted that since the date of submission of document is 30/3/2014 by Complainant , he has not submited CESU approved meter for testing and further submitted that if Complainant submits the CESU approval meter with securing deposit and service connection fees new service connection can be provided.
Heard the arguments of complainant and authorized Officer of CESU and case of Op No.1 &3 on merit. It is an admitted fact that, Complainant has deposited a processing fee of Rs. 25/-(Rs. Twenty Five) along with certain documents before Ops for availing a new service connection. The dispute between the parties arises regarding installation of meter and compliance of other formalities required for providing new Service Connection.
It is the allegation of the Complainant that, after depositing the processing fees and other relevant documents, Ops are not providing the new Service Connection on the ground that an approved meter of the Ops has to be installed for availing new Service Connection though Complainant is ready to install a Jeypore made meter. In this dispute this Forum is of the Opinion that, we can’t force the Ops to give new Service Connection without installing of an approved and tested meter. Further the allegation of deficiency in service by Ops, we opine that when Complainant has not fulfilled the terms and conditions of Ops necessary for providing a new Service Connection, no such deficiency can be attributed on the Ops and the Complainant claims an amount of Rs. 2 Lakhs as compensation for mental agony, which is not only unjustified but an imaginary compensation amount claim for deficiency in service just for not providing approved meter and other formalities by the Complainant. That apart when the Ops are ready to give new Service Connection subject to fulfillment of certain formalities the dispute needs to end here.
Accordingly, it is directed that within one month of receipt of this order the Complainant will install approved meter along with other documents and after installation of meter and completion of other formalities Ops within 7(Seven) days will provide a new Service connection to the Complainant.
Complainant is allowed in part on Contest.
No order as to Cost.
Pronounced on open Court this the 28th day of December 2015.
