Sri S.K.Sahoo,President.
This is a petition U/s. 12 of C.P.Act, 1986.
2. The case of the complainant is that he had opened a poultry firm at Vill. Ogi after availing agricultural loan from I.O.B,Jarapada branch by spending an amount of Rs. 30,000,00.00 . Being an unemployed graduate he obtained the loan and started poultry firm business to earn his livelihood. The poultry firm of the complainant was supplied with electric connection vide Consumer No. 2012-13/8/103/37 .The opp.parties had also installed two phase to three phase line to the poultry firm of the complainant. As the supply of electric energy was not sufficient the complainant requested the opp.parties for installation 11 K.V line. Accordingly the opp.parties placed a demand of Rs. 2,26,521.00 and accordingly on 14.03.2012 the complainant deposited the said amount. Inspite of receipt of such deposit the opp.parties have not supplied high voltage three phase connection to the poultry firm of the complainant . They have also not changed the electric supply from 3 K.V to 11 K.V. On the other hand they have supplied electricity from Jagannathpur section instead of the near by Vill. Of Ogi section. Due to non-supply of high voltage of electricity the complainant failed to run his poultry firm successfully, as a result of which the baby chicken died to a great extent. Finding no other way the complainant was bound to purchase two generator sets for making power supply continuous . The opp.parties have intentionally cut the power supply to the poultry firm of the complainant daily for a period of 11 to 15 hours . Due to operation of two numbers of generators, the complainant was to spend Rs. 2800.00 per day. The said fact was brought to the notice of the opp.parties, Collector, Angul and different other authorities on 15.10.2013 but no relief was given to the complainant . The complainant being a consumer under the Consumer Protection Act is entitled to electric supply to his poultry firm round the clock. There is deficiency in service by the opp.parties. Hence this complaint.
3. Notice was received by the opp.party No.1 in person on 20.12.2013. Notice was sent to opp.party No.2 through Regd. Post with A.D on 20.12.2013. The opp.party No.2 has not filed written version. The opp.partyNo.1 has filed the written version on 16.01.2014.
The case of the opp.party No.1 is that power supply was given to the complainant on 10.11.2012 and his A/C number is AAA-14223753 vide Consumer No. JI-0094 .The complaint has not submitted the inspection report of 11K.V line and S/S which is inspected by the Electrical Inspector Govt. of Odisha, for which line cannot be charged by the opp.party No.1. The allegations made by the complainant that there was intentional power cut to the poultry firm of the complainant daily for a period of 11 to 15 hours, is false and fabricated one. The complainant was availing power supply to his poultry firm through 11 K.V Jagannathpur Feeder which is about 120Km away and passed through a dense forest. Due to long length of the Feeder some time there is break down on line which is unavoidable . However for extending uninterrupted power supply technical aspects line up-gradation of power transformer is under progress, installation of line AB switch and replacement of conductor of the feeder is under process through the CAPEX (Capital Expenditure Scheme of State Govt.) . The opp.party No.1 has complied the allegations made by the complainant on his report dtd. 15.10.2013. It is a fact that some time faults occurs due to long length of line. Still the department is doing augmentation work of primary sub-station renovation of feeder so as to extent more qualitative power .The opp.party No.1 has no comment on paragraph- 1,4 and 6 of the complaint petition.
4. Both the parties did not adduce evidence during hearing.
5. The case is to be disposed of basing on the complaint petition, documents filed by the complainant and show cause filed by the opp.party No.1.
6. It is alleged by the complainant that the opp.parties failed to supply electric energy to his poultry firm , as result of which the baby chicks died with great extent. It is clear from the materials on record that the complainant is an unemployed graduate , who availed a loan of Rs. 30,000,00.00 from I.O.B,Jarapada branch to earn his livelihood. At paragraph-3 of his complaint petition, the complainant has mentioned that according to the demand of the opp.parties he has deposited an amount of Rs. 2,26,521.00 on 14.03.2012 for three phase connection to his poultry firm but the opp.parties failed to supply the same. It is also alleged that the opp.parties have not enhanced the electric supply to 11 K.V but supplied the electric from Jagannathpur section. At paragraph-4 of his complaint petition the complainant has alleged that due to non-supply of required high voltage electric current , he was unable to function the poultry firm successfully and the chicks died with a great extent. It is also alleged that he was bound to purchase two numbers of generator set to keep the power supply normal. In the show cause at paragraph-4 the opp.party No.1 has mentioned that no comment. So the allegations made by the complainant in his complaint petition at paragraph-4 is admitted by the opp.party No.1.At paragraph-5 of his written statement the opp.party No.1 admitted that the complainant is availing power supply to his poultry firm through 11 K.V Jagannathpur Feeder which is about 120kms away and passed through a denes forest and due to such long distance some times break down of line occurs which is unavoidable. It is also admitted by the opp.party No.1 that for extending uninterrupted power supply technical aspects, line up-gradation of power transformer is under progress and installation of line AB switch and replacement of conductor of the feeder is under CSPEX.At paragraph-10 of the written version opp.party No.1 also admitted Some time faults occurs due to long length of line but the department is doing augmentation work of primary sub-station renovation of feeder so as to extent more qualitative power .
7. No document is filed by the opp.parties to prove their case where as the complainant has filed a large number of documents to prove his case.
8. From the materials on record it is clear that due to disruption of electric supply to the poultry firm of the complainant he is bound to purchase two numbers of generator set and spend fuel of 50 ltrs daily. It is also clear from the evidence on record that due to non-supply of electric energy regularly baby chicks died in a large scale, causing loss to the complainant. Although the complainant has deposited an amount of Rs. 2,26,521.00 , the opp.parties did not act promptly for supply of uninterrupted electricity to the complainant’s poultry firm . There is deficiency in service. The complainant is a loanee, who has availed huge amount of loan Rs. 30,000,00.00 and to pay the instalments to the bank regularly which includes interest. He also lost his earning due to inaction of the opp.parties. The opp.parties have not proved their case. On the other hand the complainant proved his case regarding deficiency in service of the opp.parties.
9. Hence ordered :-
:O R D E R :
The case be and the same is allowed. The opp.parties are jointly and severally liable in this case. They are directed to pay Rs.1,000,00.00 (Rupees one Lakh) to the complainant towards compensation and Rs.15,000.00 (Rupees Fifteen Thousand ) only towards litigation cost to the complainant within one month from the date of receipt of this order, failing which they are directed to pay penal interest @ 15% p.a from the date of order to till it is paid to the complainant.
