OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, ANGUL
PRESENT: - SRI SAROJ KUMAR SAHOO.
PRESIDENT.
A N D
MISS. S.RATH, MEMBER.
Consumer Complaint No. 03 of 2020
Date of Filling: - 07.01.2020.
Date of Order :- 28.09.2022.
Smt.Upama Pradhan,D/o.Pabitra Mohan Pradhan,
W/o.Dibakar Behera,At-Badasinghada School Sahi,
PO-NS Nagar,Bharatpur,Dist.Angul(Odisha),Pin-759148.
_________________________Complainant
Vrs.
01.Manager(Electrical),CESU(TPCODL Joint Venture),
Talcher, 759100,Dist.Angul,Odisha.
02.Asst.Manager(Electrical),CESU(TPCODL Joint Venture),
South Balanda,Dist-Angul,Pin-759116,Odisha.
03.Executive Engineer(Electrical),CESU (TPCODL Joint Venture),
TED, Chainpal, Dist-Angul -759104,Odisha.
04.Supt.Engineer(Electrical),CESU (TPCODL Joint Venture)
Dhenkanal Circle,Dhenkanal- 759001,Odisha.
05.Manager(Electrical),Ms.Enzen Global Solution Pvt.Ltd.,
Ballhar Chhack,Talcher,759100, Odisha.
06. Shri Ajay Ku.Pradhan , S/o.Sapana Pradhan,
At- Badasinghada School Sahi,
PO-NS Nagar,Bhartpur,Dist-Angul,Odisha- 759148.
07 .Divisional Manager (AGM,Electrical),TP Central Odisha,
Distribution Ltd (TPCODL,A Tata Power and Odisha Govt Joint
Ventur),TED,Chainpal 759104,Dist.Angul.
08.Supt.Engineer (DGM,Electrical),TP Central Odisha Distribution
Ltd.,(TPCODL, A Tata Power and Odisha Govt. Joint
Ventur),Electrical Circle,Dhenkanl-759001,Odisha.
09.TPCODL,2nd Floor, IDCO Tower,Janpath,Bhubaneswar-751002.
_________________________Opp.parties.
For the complainant : - Self
For the opp.party No. 1,2,3,4,7,8,9 :- None.
For the opp.party No.5 :- Sri Santosh Pattanayak & associates(Advs.)
For the opp.party No.6 :- Sri Sanjay Ku.Mohapatra & associates(Advs.)
: J U D G E M E N T :
Sri S.K.Sahoo,President.
Smt. Upama Pradhan the complainant has filed a complaint petition on 07.01.2020 against six number of opp.parties. Notices were issued to all the opp.parties through Regd. Post with A.D, as it appears from the order sheet coupled with despatch No. 46 to 51 dtd. 16.01.2020 of the Despatch Register. Out of the opp.parties, opp.party No.5 filed the show cause on the date fixed i.e on 12.02.2020. The other opp.parties did not file their show cause inspite of repeated opportunities given to them. So by order dt. 08.09.2021 the case was posted for hearing on 20.09.2021. None of the parties adduced evidence. On 08.04.2022 at the stage of argument the complainant filed a petition to add opp.party No.7,8 & 9. In view of such petition for addition of opp.parties and amendment, notice was issued to opp.party No.1 to 6 again and fresh notices to opp.party No.7,8 & 9 for their appearance and filing of show cause on 24.05.2022. From the case record it appears that notice was issued to opp.party No.5 i.e Manager (Electrical) ENZEN Global Solution Pvt.Ltd., returned back with postal remark that “office closed” but notices were served on Manager Electrical CESU (opp.party No.1),Executive Engineer, Electrical (opp.party No.3), Ajay Ku. Pradhan (opp.party No. 6) ,Divisional Manager, AGM Electrical (opp.party No.7) and Superintend Engineer –DGM, Electrical (opp.party No.8 ).A.D in respect of opp.party No.2,4 & 9 did not back. However, from the postal receipt available in the case record it appears that notices were sent to all the opp.parties on 27.04.2022, 04.05.2022 through Registered Post with A.D. Learned Counsel Sri Sanjay Ku. Pradhan appeared on behalf of opp.party No.4 in pursuance of such notice and filed a petition for time to file show cause which was allowed. The other opp.parties neither appeared nor filed their show cause. The case was posted to 17.06.2022, 15.07.2022 for filing of show cause by the opp.parties. On 15.07.2022 the complaint was present but the opp.parties were absent on repeated calls, for which the case was posted to 30.08.2022 for hearing. On 30.08.2022 the complainant was present but the opp.parties were absent on repeated call. The complainant was heard and the case has been posted to today for order.
2. The case of the complainant is that Tata Power Central Odisha Distribution Limited (TPCODL ) is a joint venture between Tata Power and Odisha Govt. with 51% stake of Tata Power. TPCODL has taken over the operations of CESU and their franchisee Enzen Global Pvt. Ltd w.e f 01.06.2020. The same has been mentioned by Tata Power in its press release . Due to low voltage of electricity the complainant along with 33 consumers of Badasinghada school sahi conducted a meeting and submitted an application to J.E Electrical (CESU) to improve the voltage. On 30.05.2018 a work order bearing No. 5341 was issued by the Executive Engineer ,TED Chainpal CESU in the name of Sri Ajay Ku. Pradhan and others for up-gradation of existing 16KVA to 100 KVA .In the said work order it was clearly mentioned that the transformer should be handed over to the CESU after installation and inspection. The up-gradation transformer was commissioned in May, 2019 but only 18 consumers were allowed to shift their service connection to the new transformer and the complainant was denied by the J.E /Asst. Engineer CESU, Manager (Electrical) Enzen under the influence of Ajay Ku. Pradhan . When the complainant approached Sri Ajay Ku. Pradhan he returned the money which was collected for expenses for the installation work and demanded an amount of Rs.1,50,000.00 for shifting her line to the 100 KVA transformer. The complaint agreed to pay an amount of Rs. 40,000.00 as her share for installation expenses as per the work order but Ajay Ku. Pradhan did not accept her request. Sri Ajay Ku. Pradhan is an employee of CMPDI a public sector undertaking company. On 22.07.2019 the complainant submitted an application to J.E,S.D.O and Executive Engineer CESU and requested for early resolution of the low voltage issue. On 13.09.2019 again the complainant submitted a complaint regarding low voltage but no action was taken. As such approach did not yield any result, on 27.09.2019 the complainant filed a complaint to the Grievance Redressal Forum, Dhenkanal and who after hearing the complainant by order No. 117 dtd. 29.10.2019 , directed CESU to improve the voltage issue at earliest either by up-gradation the existing transformer or giving supply to the complainant from the near by transformer. In obedience to such order the authority tried to execute it but Ajay Ku. Pradhan and some villagers obstructed for which J.E/SDO of Enzen Global pvt. ltd lodged complaint at Bikrampur Police station against Ajay Kumar Pradhan for obstructing the shifting of the connection of the complainant to the upgraded transformer but no further action was taken. On 23.09.2019 the meter which was installed in the house of the complainant was burnt ,for which she submitted a complaint to the J.E,Enzen .As CESU failed to implement GRF order the complainant approached Ombudsman on 25.11.2019 . By order No.127(5) dtd. 20.12.2019, the Ombudsman after hearing, directed the authorities to resolve the issue within 15 days , failing which they must compensate the consumer at a rate of Rs. 200.00 for each case of default after 120 days from 19.04.2020 .After such order of the Ombudsman on 30.12.2019, CESU and Enzen installed a new meter in the house of the complainant by increasing the connected load limit to 5 K.W without proper verification and made a report at Bikrampur Police Station against the husband of the complainant. The allegations made in such report are false and only to avoid the implementation of the order of the Ombudsman .
3. Being harassed at last on 17.11.2020 the complaint approached this authority for redressal of her grievance.
4. After the power distribution was taken over by TPCODL , the complainant used the online customer portal and filed complaints regarding low voltage regularly but her complains were closed with a false claim of resolution. Later on she made a complaint to TPCODL Head Quarter and Executive Engineer (TED) Chainpal, after which the J.E TPCODL ,South Balanda circle inspected her service connection on 02.06.2021 and admitted the voltage to be in the range of 160 V (measured value =164V) and assured the complainant to take necessary action to improve the voltage. He revised the connected load to the house of the complainant to be 3.5K.W and intimated the complainant that her service connection cannot be shifted to the near by 16 KVA transformer as her connected load is more than 1 K.W. The husband of the complaint is a diabetic and suffer from High Blood Pressure and he has under gone heart surgery , Gall Bladder stone removal and ear surgery as well. He is to take insulin and other medicines regularly which needs refrigeration .Due to low voltage her fridge , T.V are unable to run properly and needs repair frequently.
5. She has prayed for shifting of electric connection to the new transformer and compensation of rupees one lakh.
6. After addition of parties notices were issued to all the nine numbers of opp.parties through registered post with A.D on 27.04.2022 and 04.05.2022. From the S.R and submission of complainant it appears that the office of opp.party No.5 is closed. From the A.Ds’ available on the record it is clear that notices have been served on opp.party No.1,3,4,6 and 7. It is also clear that the other opp.parties did not appear, in spite of notice issued to them through Registered Post with A.D. In view of Section27 (g ) General Clauses Act it is presumed that notices have been served on opp.party No.2,8 & 9 .
7. Perused the case record. Inspite of service of notices on all the nine numbers of opp.parties, they did not turn-up to contest the case. Out of all the opp.parties the Divisional Head Enzen Global Solution Pvt. Ltd. Talcher has filed written statement for opp.party No.5 only. So this commission is to dispose of the case basing on the complaint petition, written version filed by the opp.party No.5 ( which was in existence at the time of filing of the written statement ) and the documents produced by the complainant, most of which she has received under R.T.I, Act and documents filed by opp.party No.5. The complainant is admittedly a consumer under the opp.parties. The allegations made in the complaint petition that the complainant along with 33 consumers have filed an application before the J.E,CESU,Talcher Division is admitted by the opp.party No.5 in his written version. Averment made in the complaint petition that the work order was issued for up gradation of 11/0.23KV 16KVA to 11/0.4KV ,100 KVA DP mounted s/s and conversion of LT line from 1p2w to 3p4w for improvement of low voltage problem was issued to one Ajay Ku. Pradhan and others of Badasingada School Sahi is also supported by the contents of Annexure- 2 .Annexure-3 is the copy of the application filed by the complainant before the SDO (Elect.) CESU, Talcher. It is alleged that all though the new transformer was installed in compliance with the work order vide Annexure-2, the complainant was not supplied with electric energy from that new transformer but 18 numbers of signatories of Annexure-1 were only allowed to take the line from the new transformer. It is also clear from the materials on record that although the complainant approached all the field staff of the opp.parties in various occasions by submitting written application, the problem faced by her was not solved. So the complainant approached the Hon’ble President Grievance Redressal Forum, CESU,Dhenkanal by filing an application before him on 27.09.2019.Annexure- 6 is the copy of the said application. Annexure- 7 is the photo copy of certified true copy of the order passed by the Grievance Redressal Forum, Dhenkanal in case No. 117 on 29.10.2019. The order of the said forum is extracted below for convenience :-
“ The opp.parties are directed to take necessary steps to increase the voltage of the consumer (either by upgrading the existing transformer or giving supply from the nearby transformer) as to reach the voltage limit as per Regulation.
Hence, the opp.parties are directed to implement the order accordingly within a month after receipt of this order”.
8. Inspite of such order admittedly the opp.parties did not take any step for compliance of the order passed by Grievance Redressal Forum, Dhenkanal. So the complainant approached the Ombudsman and after hearing on 20.12.2019 the Learned Ombudsman have passed the following order :-
“The complaint petition is allowed. The opp.parties are directed to provide the improved normal voltage within 15 days of this order as per above observations, failing which, after 120 days of this order they have to compensate the petitioner @200.00 in each case of default in automatic manner.
The case is disposed of accordingly.
“In pursuance to Regulation 10(6) of OERC (GRF & Ombudsman) Regulation 2004 (Chapter-3) , the petitioner is required to issue letter of acceptance within 15 days of the Award/order in full and final settlement of his claim so that the Respondent shall comply the settlement order of the Ombudsman within the time limit as specified in Para above”.
The copy of the order passed by the Ombudsman is Annexure- 10
9. It is crystal clear that inspite of the order/award passed by the statutory authorities established under the law the opp.parties did not comply the same. Finding no other way the complainant who was aged about 53years in the year 2020 and a Lady was forced to approach this Commission for relief.
10. From the written statement filed by the opp.party No.5 Para-5 it is clear that the complainant is availing power supply to her residence from the old transformer of Badasingada School Sahi since July, 2017 . It is also admitted at Para-7 that the villagers of Badasingada School Sahi has submitted an application to rectify the low voltage in their area and accordingly 16KVA transformer was up -gradated to 100 KVA transformer by licensee, CESU. At Para- 8 opp.party No.5 has clearly mentioned that J.E ,CESU and J.E Enzen visited the spot to provide power supply to the complainant from the up-gradation transformer but they failed to succeed due to strong opposition by the villagers .At para- 9 opp.party No.5 admitted that the complainant had lodged CC No. 166/2019 before the GRF,CESU, Dhenkanal and on 29.10.2019 GRF ,Dhenkanal passed necessary order, directing the opp.parties to take necessary steps to increase the voltage of the complainant , so as to reach the voltage limit as per the regulation and copy of the said order of the award is Annexure- A. From Para-10 of the written statement it transpires that the complainant had filed C.R.Case No. 85 of 2019 before the Ombudsman -1,BBSR alleging non-compliance of order passed by the GRF, which was disposed of by judgement dtd. 20.12.2019 . It is also admitted by the opp.party No.5 that the complainant accepted the judgement towards full and final settlement vide letter dtd. 24.12.2019 (Annexure B & C).
10. It is the further case of opp.party No.5 that after receipt of the order of Ombudsman-1,BBSR ,JM South Balanda,Enzen along with Asst. Manager, CESU and other filed staffs tried to change the service connection to the house of the complaint but Dibakar Behera the husband of the complainant objected to connect the line of the complaint from other 16KVA transformer , for which the JM ,South Balanda section lodged a complaint in the name of the husband of the complainant in the Bikrampur Police Station which is registered as SDE 13/30.12.2019 (Annexure- D) .Again on 31.12.2019 the JM, South Balanda , filed staff and police personnel went to the spot and tried to shift the service connection to the house of the complainant and as the husband of the complainant opposed the same, a report was made to the police on 02.01.2020 vide SDE No. 9 (Annexure- E) .It is also the case of opp.party No.5 that letter No. 466 dt.18.01.2020 was issued to S.P and Collector,Angul for necessary assistance for compliance of the judgement passed by the Ombudsman. It is alleged by the opp.party No.5 that from the conduct of the complainant it is clear that she is not at all interested to avail the improved voltage rather she is interested to avail the power supply from the transformer of Badasinghada school sahi due to enmity with the villagers and for other reasons. It is specific case of the opp.party No.5 that all though the opp.parties have taken due diligence to provide improved voltage from 16 KVA transformer to maintain the normal voltage, due to non- co-operation of the complainant, they could not do the same. It is again alleged by opp.party No.5 that on 10.12.2019 the problems of the complainant was verified and it was detected that as against 1 K.W- C.D, she was using 5 KW connected loan in unauthorised manner. The meter was not recording properly, for which meter of the complainant was declared defective on the same day. At last , opp.party No.5 has prayed to this Commission that the complainant is not entitled to get any relief.
11. Annexure- F the copy of the letter issued by opp.party No.5 to the S.P,Angul. On perusal of the same it appears that the opp.parties have failed to comply the order of the Ombudsman as well as GRF ,Dhenkanal due to law and order issue and obstruction by both the villagers as well as applicant. This letter was issued on 18.01.2020.
12.On perusal of the order passed by the GRF and Ombudsman it transpires that both the authorities had directed the opp.parties to provide improved normal voltage. It is also admitted by the opp.party No.5 that they have not complied the order only due to law and order situation in the village.
13. From the materials on record it transpires that some station diary entries were made in the Bikrampur Police Station in the name of the husband of the complainant. It is also clear that the opp.parties remained silent by giving information to the police and the S.P,Angul. There is no material whether any other coercive step was taken by the opp.parties to comply the order passed by the statutory authorities. From the written statement filed by the opp.party No.5 it appears that there was enmity in between Ajay Ku.Pradhan and some villagers with the complainant. We do not find any reason why the opp.parties did not supply electric connection to the complainant and only supplied to Ajay Ku. Pradhan and 17 others from the new transformer, all though on the application of the complainant and 33 others the new transformer was installed. It is alleged by the complainant that Ajay Ku. Pradhan demanded Rs. 1,50,000.00 from her to give the supply from the new transformer and the opp.parties being influenced by Ajay Ku. Pradhan did not supply the connection to the house of the complainant. From the material on record, it is clear that the opp.parties are hand in gloves with Ajay Ku. Pradhan and deprived the complainant to take the connection to her house from the newly installed transformer .The plea taken by the opp.party No.5 that due to law and order situation the opp.parties could not supply improved voltage to the house of the complainant, was also taken before the Ombudsman- 1 ,BBSR, After consideration of such facts the Learned Ombudsman had directed the opp.parties to comply his order . In his judgement dt. 20.12.2019 it has been observed by the Ombudsman as follows :-
“ That the opp.parties have not taken any effective steps for improvement of the receiving end voltage of the consumer after the order passed by the learned GRF. They have diverted their responsibility towards the law and order situation created by some unruly villagers and inaction and non-co-operation of the police. But the opp.parties , as the licensee of Distribution of electricity , cannot do so”
14. We have also scanned the materials on record and felt that the opp.parties have intentionally violated the order passed by the statutory authorities and have taken false and negligible plea that they have failed to comply in view of law and order situation. The learned Ombudsman in his judgement has also reflected the same. Admittedly the information entered in the Station Diary is only an information to police which does not caste any duty on the police to make any enquiry or investigation. The plea of opp.party No.5 that Station Diary entries were made and S.P and Collector Angul were contacted is nothing but only an eye wash. There is no reason why they did not pursue the matter further and remain silent by simply giving information.
It is the Rule of Law which should prevail . In the case in hand the opp.party have violated the order passed by the G.R.F and Learned Ombudsman-1 ,BBSR .From the material on the record it is also clear that the opp.parties cunningly avoid to implement the orders passed by the competent authorities in the false plea of Law and Order situation.
15. However the opp.parties did not turn up to contest the case. The materials placed by the complainant before the Commission is reliable and trust worthy. The materials placed by the complainant goes unchallenged and most of the facts are admitted in the written statement filed by opp.party No.5 . Complainant successfully proved her case.
16. In conclusion we hold that all the opp.parties failed to give proper service to the complainant. There is deficiency in service by all the opp.parties. Hence order :-
: O R D E R :
The opp.party No.1,2,3,4,7,8 & 9 are directed to provide power supply to the house of the complainant situated at village Badasinghada School Sahi ,P.O-NS Nagar, Bharatpur, Dist.Angul from the transformer which was installed by the work order No. 5341 dtd.30.05.2018 of Central Electricity Supply Utility of Odisha, Office of the Manager (Electrical),Talcher Electrical Division, Chainpal. They are also directed to pay an amount of Rs. 80,000.00 (Rupees Eighty Thousand) only to the complainant towards compensation, which has been fixed by taking into consideration the age of the complainant her mental agony along with the mental agony of her ailing husband and her constant running from pillar to post to get justice inspite of orders of different Forum in her favour . They are also directed to comply the order within one month from the date of receipt of the order, failing which the compensation amount i.e Rs. 80,000.00 (Rupees Eighty Thousand) only will carry interest @10% per annum till payment is made.
