Learned counsel for the revision petitioners is present.

Learned counsel Mr G.Mishra and associates files Vakalatnama on behalf of the OP which is accepted and kept on record.

On the request and consent of learned counsel for the parties, this revision petition is taken up for hearing and disposal at the stage of admission.

 This revision is directed against  ex parte interim order dated 16.3.2019 passed by the learned District Forum, Deogarh in CC No. 13 of 2019 directing the  revision petitioners to connect the power supply to the house of the OP “until further order”. In the self same order office has been directed to communicate the order to the revision petitioners fixing the case to 15.4.2019 for filing of written statements.

 The revision petitioners representing Electricity Distribution Company WESCO are the OPs whereas the OP in this revision is the complainant before the learned District Forum.

Heard.

It is submitted at the Bar that as has been observed by the learned District Forum in the impugned order there is  billing dispute of electricity dues between the parties.

In assailing the legality of the impugned order, it is strenuously contended by the learned counsel for the revision petitioners that by the ex parte interim order the revision petitioners have not been given any opportunity to file objection against the interim application. The impugned order amounts to a final order passed in the garb of an interim order. Section 13(3-B) of the Consumer Protection Act, 1986 read with Regulation 17 of the Consumer Protection Regulations, 2005 prescribe  a mandate on the District Forum to afford an opportunity to the OP to file objection to the interim application and dispose of such application within 45 days failing which the ex parte interim order is liable to be automatically vacated. By not granting an opportunity for filing an objection the learned District Forum has passed the impugned order illegally exceeding the jurisdiction vested under law. Therefore, the impugned order is liable to be set aside.

It is further contended by the learned counsel for the revision petitioners that in the meanwhile the OP have already entered appearance before the learned District Forum and, as undertaken before this Commission, electricity supply has been restored on 30.3.2019 without insisting upon any payment towards arrear or reconnection charges from the complainant. It is also submitted that for the last 10 months the complainant is not paying the current consumption bills.

 In reply, learned counsel for the OP submits that the complainant is ready and willing to pay Rs.20,000/- towards arrear dues pending final disposal of the complaint. Since the electricity connection has already been restored, the revision petitioners may be directed not to disconnect the electricity supply till disposal of the interim application  on merit.

In view of the above, the revision petition is disposed of setting aside the impugned order and directing that in case revision petitioners representing WESCO file objection to the interim application within a period of seven days from today, the learned District Forum shall proceed to hear the interim application on merit after giving the parties opportunity of being heard within a period of ten days from the date of filing of the objection failing which the ex parte interim order shall stand automatically vacated.

Parties are directed to appear before the learned District Forum on 16.4.2019 when the revision petitioners shall produce the certified copy of this order before the learned District Forum.

Learned counsel for the revision petitioners submits that the revision petitioners undertake not to disconnect the electricity supply to the house of the OP till 30.4.2019.

Complainant is directed to pay a sum of Rs.30,000/- as undertaken to the revision petitioners on 16.4.2019 and shall keep on making payment towards current bills.