SRI BIJAYA KUMAR DAS,PRESIDENT:-
Illegal disconnection of power supply to complainant’s premises by the Ops are the allegations arrayed against Op.
2. Complaint in short reveals that complainant is a practicing advocate at Kendrapara Civil Court and he was availing power supply from the Op company. The wife of the complainant namely Smt. Sanjuktarani Nayak is the recorded as a domestic category of ops bearing consumer No.01579615. The outstanding arrear dues of complaint up to march-2015 was for Rs. 11,604/-. It is alleged that on 30.3.2015 when the complainant was busy in court works the staffs of the Ops without any notice U/S 56(1) of the I.E.Act-2003 cost of the service were of the complainant. When complainant contacted officials of the ops they admitted the disconnection of power supply and that due to pending of arrear dues power supply has been disconnected. Accordingly complainant paid Rs. 4000/- vide receipt No. 457473 and power supply was restored Rs 4000/- vide receipt No. 457473 and power supply was restored at the same day i.e on 30.3.15. It is further stated that Ops without caplying the process of I.E.Act illegal disconnected the power supply which gave mental agony to the complainant and prays this Forum to award compensation and with a specific direction to Ops not act illegally in future.
3. Upon notice Ops appeared through their Ld. Counsel and filed joint w/s by submitting that complainant’s wife Smt. Sanjuktrani Nayak is a domestic category of consumer under Ops being consumer No- 01579615. The arrear out standing against complainant’s consumer A/C is Rs. 2936/- till the month of June-2016. It is averred in the w/s that on 30/3/15 on usual checking it is detected that there was a sparking from the electric pole over the service wire, when the owner of the house was absent and in order to save the life and property of house owner and public the power supply was disconnected. When the officials of ops received the call from the consumer reconnected the power supply and the Ops admitted the payment Rs. 4000/ as arrear dues on 30.3.2015. It is also stated that in the circumstances the disconnection of power supply can’t be termed as deficiency in service, hence the complainant is to be dismissed with exaplory cost.
4. Heard, the arguments advanced by Ld. Counsels for the parties. It is an admitted facts that complainant’s wife namely Sanjuktarani Nayak is a domestic category of consumer under Ops bearing Consumer No.01579615. In the complaint is it is alleged that Ops without serving any prior Notice disconnected the power supply on 30/3/2015in the absence of the complainant. When complainant met the staffs of the Ops and deposited Rs.4,000/- the power supply was restored in the same day. The reason of disconnection as stated the complainant is non-payment of arrear dues as disclosed from the officials of Ops. On other hand Ops admitting the receipt of the deposit amount of Rs. 4,000/- on 30.3.2015 takes the plea that on regular visit by staffs of the Ops it was detected that there was sparking over the service wire and the house was locked and to save the life and property of the public the service wire was disconnected. In the dispute no-evidence is put forth before this Forum an allegation of illegal disconnection of power supply except the copy of the money receipt where complainant deposited Rs. 4000/- on 30/3/2015. We can’t liable the Ops for committing deficiency in service by accepting Rs. 4,000/- on 30/3/2015, when an arrear as pluding on the complainant as his own admission of the matter would have been different if any restoration charges was paid by the complainant to the Ops to create an evidence to show the power supply has been illegally disconnected on 30/3/2015.
According the complaint is dismissed on contest without any cost.
Pronounced in the open Court, this the 4th Day of January,2017.
