SRI BIJOY KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of not providing new power supply and threatening of disconnection of the existing power supply are the allegations arrayed against the Opp.Parties.
2. Complaint, in brief reveals that complaint is the son of Guru Charan Sahoo(Op No.4) and power supply was given to the complainant’s ancestral residence house in the name of his father bearing consumer No. 001013661 since long. It is stated that, the ancestral property, recorded in the name of Guru Charan Sahoo and a Civil suit bearing No. 239/04 was filed before Civil Judge, Sr. Division, Kendrapara for partition of the ancestral property among its Co-shares and on compermise between the Co-shares Ld. Civil Judge Sr. Division, Kendrapara accepted the said partition on dt. 19.9.2009. It is alleged that as per the partition, younger brother of the Complainant, namely Subhas Ch. Sahoo (Op No.3) availed a separate new power supply to his Plot bearing consumer No. 010124675, without paying any arrear electricity dues. Accordingly, Complainant applied for a new electric connection in his name before Op-electricity authority, but new power supply was denied to the complainant on grounds that, complainant has to clear an arrear amount of Rs. 90,000/- which is pending on the name of Guru Charan Sahoo, father of the complainant for effecting a new electric connection. It is also alleged that, the Ops are threatening to disconnect the power supply for non-clearance of arrear outstandings. It is the case of the complainant that the arrear amount of electricity is to be divided equally between the complainant and Op No.4 as per the C.S.Case No. 239/09, and the demand of payment of total arrear outstandings exclusively from Complainant is illegal and arbitrary and deficiency in service and caused mental agony to complainant and his family members. Hence, the complaint before the Forum with prayer that a direction may be given to Op No.1& 2 to provide a new electric connection to complainant’s house bearing holding No. 1149 and seeks further direction to collect Rs. 45,000/- from Op No.3 and the Ops may be directed not to take any coercive action against the complainant.
3. Upon Notice Jr. Manager Enzen Global Solution Pvt. Ltd. (OP-1) and Jr. Manager, CESU, KED-1 (Op-2)appeared through their Ld. Counsel Mr. P. K.Samal and associates and filed joint written statement to defend their case. It is averred that power supply was given to Guru Ch. Sahoo, father of the Complainant bearing consumer No. 01013661 under domestic category and an arrear outstanding of Rs. 52,958/- is pending against the consumer Guru Ch. Sahoo. till March-2018, (The consumer billing statement is filed as Annexure-A). It is also averred that Op-electricity authorities are ready to effect new power supply subject to fulfillment of required procedures under Regulation 10(1) of OERC-Code- 2004 (condition of supply). It is further averred that complainant has not paid anything to the Ops and the complaint is not cognizable by this Forum and new power supply can be effected under Regulation10(4) of OERC-Code-2004 (condition of supply) under those circumstances Op No.1&2 prey this forum to dismiss the complaint.
Though Subash Ch. Sahoo(OP No.3) and Guru Ch. Sahoo (Op-4) received the Notice of the Forum and Postal A.D. is a part of the record, but they did not prefer to appear into the dispute accordingly set-exparte by this Forum vide order No. 10 dtd. 10.09.2017.
4. Heard the Ld. Counsels for the complainant and Ld. Counsel for the Op No.1&2 the electricity authorities and ex-parte hearing against OpNo.3 &4and perused the documents filed into the dispute. Complainant to substantiate his case filed attested Xerox copies of C.S.No.239/09 filed before Ld. Civil Judge Sr. Divn. Kendrapara along with attested photocopy of letter addressed to Op-electricity authority on dt. 16.02.2017 and copy of monthly electricity bill.The contesting Ops filed consumer billing statement of Guru Ch. Sahoo bearing consumer No. 01013661. The facts appears from the submissions and documents presented before us reveals that, Guru Ch. Sahoo, father of the complainant was a domestic category of consumer under Ops bearing No. 01013661 and the power supply was effected to the ancestral property which is recorded in the name of Sri Guru Ch. Sahoo. Equally, it is clear from the compermise partition between the Co-shares of ancestral property in C.S.Case No. 239/09, that complainant and Op-3, Subas Ch. Sahoo are lawful owners in respect of ancestral property and complainant is the lawful owner and in possession of his share over the divided ancestral property. It is also clear from the said compermise partition among parties that out of total area of AC 0.06 decs. Complainant enjoys AC 0.02 dec. of Plot No. 64, Khata No.177, Mouza- Baniamal (Odisho), which was later separated and a new R.O.R. is published in the name of the complainant bearing Khata No. 505/406, Plot No. 64/20174.
Now the question before the Forum is that whether the complainant can be compelled by the Op No.1&2 to pay the total arrear outstandings of electricity which was recorded in the name of his father Guru Ch. Sahoo (Op-4) prior to execution of the compromise partition for availing a new electric connection? It is clear from the documents presented before us that the compermise partition was effected in the year -2009 and till the end of the year-2009 an arrear outstanding of Rs. 75,828/- is pending against the consumer Guru Ch. Sahoo father of the complainant bearing consumer No. 01013661. It is the case of the complainant that after effect of partition on the year 2009, the arrear outstanding of electricity is to be equally divided between complainant & his younger brother Subash Ch. Sahoo (Op-3). It is the further case of the complainant that, Ops without taking any effective steps to recover the arrear outstanding from Op-3 provided a new electric connection bearing consumer No. 010124675, which is a sub-divided Plot of the same Plot. On the other hand Ops takes the plea that a new electric connection can be denied under Regulation 10(i) and 10(iii) of OERC-Code-2004 (condition of supply) until the arrear amounts are not paid in full.
Regulation 10 (iii) and (iv) of OERC-Code-2004 (condition of supply) read as follows:-
10(iii): “Where a property/premises has been sub-divided, the outstanding dues for the consumption of energy on such premises, if any, shall be divided on pro-rata basis based on arrear of sub-division”.
10(iv) “A new connection to such sub-divided premises shall be given only after the share of outstanding dues attributed to such-divided premises is duly paid by the applicant. A Licensee shall not refuse connection to an applicant only on the ground that dues on the other portion(s) of such premises have not been paid, nor shall the Licensee demand record of last paid bills of other portion(s) from such applicants”.
The dispute in hand falls within ambit of Regulation 10(iii) and (iv) of OERC-Code-2004 (condition of supply). It appears from the facts of the dispute that the ancestral property which was recorded on the name of Guru ch. Sahoo (OP-4) and power supply was given to said Op-4 having consumer No. 01013661 and the ancestral property was divided between complainant and his younger brother Op-3 by virtue of a compermise partition before Civil Judge Sr. Divn. Kendrapara in C.S.No. 239/09. Accordingly, as per the Regulations of the OERC-Code the arrear outstanding pending against Guru Ch. Sahoo (OP-4) consumer No. 01013661 is to be divided between complainant and Op-3 on pro-rata basis. As the complainant, prospective consumer is ready to pay the 50% of the pending arrear outstanding dues, nothing more is left to decide in the dispute. As per the consumer billing statement an amount of Rs. 61,631/- is pending against Op-4 Guru Ch. Sahoo till Feb-2017 and complaint is filed on the month of March-2017.Though the Plot was divided in the year 2009 as per C.S.No. 239/09 but this forum is not sure regarding who has made the payments prior to Feb-2017. Hence, the arrear outstanding of Rs. 61,631/- is to be divided between the complainant and his younger brother Subas Ch.Sahoo (Op-3) and Complainant is liable to pay 50% of the outstanding arrear dues to avail a new electric connection exclusively in his name. Written statement of Ops is completely silent on allegation of complainant regarding supply of anew electric connection to the residential house of Subash Ch. Sahoo (Op-3) bearing consumer No. 010124675 over the same Plot without raising any question of payment of arrear outstanding or compliance of Regulation of 10(iv) of OERC-code-2004(condition of supply). Accordingly, we, direct the authorities of Ops to take appropriate action against the erring officials if the allegations of the complainant is a fact. In para II of the contesting Ops, where the maintainability of complaint is challenged by averring that complainant has not paid anything to the Ops. In this regard we are of the opinion that, the undisputed consumer is father of the complainant Guru Charan Sahoo(Op-4)and complainant is the ‘beneficiary’ of service provided by the Op-1&2. Hence complaint is maintainable U/S 2(d)(ii) of C.P.Act-1986. By order of this Forum dtd In I.A. Misc case No. 12/17 complainant deposited Rs. 10,000/- on dt. 10/03/2017,which is also reflected in the consumer billing statement. In the I.A. Misc case this Forum issued a direction to Complainant-petitioner deposit Rs. 10,000/- which is subject to adjustment of the Final hearing of the dispute. The I.A. Misc Case is dropped and the amount of Rs. 10,000/- deposited as per the direction is to be adjusted from the complainant’s share of arrear outstandings. During course of argument Ld. Counsel for complainant submitted and filed an attested Xerox copy of R.O.R. recorded on the name of the complainant bearing Khata No. 505/496, Plot No. 64/2074, Mouza-Baniamal which is a sub-divided Plot of ancestral property of Guru Ch. Sahoo correspondence to holding No. 1149.
Having observation reflected above it is directed that, Op shall issue a letter to the complainant, the prospective consumer showing his share of arrear outstanding as per our observation and to adjust the payments made by the complainant from March-2017 to March-2018 deducting the said amounts from Complainant’s share of arrear outstandigns. The order is to be complied by the Ops within one month of receipt of this order. It is further directed that, on receipt of the letter of arrear outstandings complainant will clear the arrear outstandings within 3(three)months and after clearance of arrear dues apply afresh before the Ops for supply of a new electric connection as per the provisions/rules and on receipt of the application for new power supply, the Ops shall give a new connection to the complainant as per Regulations of OERC-Code-2004 (conditions of supply) within one month of receipt of the application, till then Ops are here by restrained to take any coercive action against the complaint and complainant will pay the monthly energy dues as per the meter reading, failing to comply the order by the parties, action will be initiated against the defaulting parties under provisions of C.P.Act, 1986.
Complaint is allowed in part against Op No. 1&2 and ex-parte against OpNo.3 &4. No order as to cost.
Pronounced in the open Court, this the 31th day of July,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
