SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of threat of disconnection of power supply are the allegations arrayed against ops.
2. Complaint in a nutshell reveals that complainant being the Secretary, of Ender Service Co-Operative Society was availing power supply from the Ops bearing consumer No.- 05195648. The monthly electricity dues were paid as per the meter reading. It is stated that Ops without permission/consent of the complainant constructed a Pucca Platform on 7ft x 7ft on North Eastern corner of Plot No. 767 appertaining to Khata no.-845 of Mouza-Tilanga. The said Plot belongs to Complainant, on its illegal construction of the platform complainant issued an advocate’s Notice, when the same was unnoticed by the Ops, complainant filed a civil suit before civil Judge,( Junior Division), Kendrapara bearing Civil suit no.375/15. It is alleged that Ops being bore grudge demand illegal and excessive electricity dues from the society, which was protested by complainant. Further Complainant requested the Ops to postpone the collection of arrears dues amounting of Rs.8,341/- till finalization of the civil suit. It is further alleged that as the complainant’s Office is a Public Office and if the power supply is disconnected the officials of complainant and public will suffer a lot. The last cause of action arose on 11/07/16 when the Ops threatened the complainant to disconnect the power supply for non-payment of arrear dues. Hence the complainant is filed before the Forum that a direction may be given to Ops not to disconnect the power supply and to postpone the collection of arrears dues till the disposal of the civil suit and to pay compensation for mental agony along with cost of litigation.
3. Being noticed authorized officer of Ops appeared into the dispute and filed joint written statement submitting that Complainant is a bonafide consumer under Ops bearing consumer No,-05195648 having contact demand of 1kw under GPS category (Annexure-1). It is averred that after discussion and consent of the villagers of Tilanga a Plinth was constructed for installation of one 63KVIA transformer. The copy of the consent and permission letter for installation of transformer is Annexed herewith as Annexure-II. The energy bills of the complainant are prepared on actual meter reading as per the provisions of ‘Orissa Electricity Regular Commission’ and an arrear amount of Rs. 9983/- up to Dec-2015 is pending as the complainant. It is further averred that there is no connection regarding clearance of outstanding dues and the pendency of Civil suit case No. 375/15. It is further averred that as ops are every right under law to collect the arrear dues. Accordingly, the complaint has no merit and is liable to dismissed,
4. Heard, the submission advanced by Authorized officer of Ops and case of the complainant on merit. It is admitted fact that complainant is the Secretary, of Ender Service Co-Operative Society and is availing power supply from ops to their office being consumer No. 0519564. It is also admitted that an arrear outstanding is pending against the complainant.
In the complainant it is alleged that a civil suit is pending before Civil Judge (Junior Division) bearing C.S. No. 375/15 for illegal construction of platform by ops in the area of the complainant. Complainant for the said reason approached the Ops to postpone the demand of arrear dues till the finalization of the Civil suit, avoiding the approach of complainant ops are threating to disconnect the power supply on non-payment of arrear dues. On the other hand Ops state that after obtaining the resolution of villagers including the consent of the President of said Society a platform has been constructed. It is further case of the Ops that collection of arrear or energy dues no way relates to the fate of Civil suit as per the provisions of O.E.R.C. complainant to substantiate their case filed photocopies of ROR, Money receipts and copy of monthly energy bills, Equally the Ops file copy of the consumer billing statement and copy of letter addressed to Manager, CESU, Salipur by the Member and villagers of the locality for Construction of the Platform.
In the dispute of construction of Pucca Platform over platform No.767 appertaining Khata No.-845 of Mouza- Tilanga which relates to pending of Civil suit No.375/15 is not a adjudicating matter of this Forum as the dispute is of a Civil nature . This Forum can’t interfere in a dispute which is already pending before a Civil Court for its final decision. The question to be decided by this Forum that whether the Ops are entitled to collect pending arrears dues of complainant and threat of disconnection of power supply on non-payment of arrear dues are legal sustainable or not?
It is clear from the documents presented by the parties that Honbl’e Civil Court has not issued any prohibitory order to collect the arrear out standings to the Ops by giving direction to wait for disposal of the Civil suit, if so same is not filed into the dispute for consideration. Further, it is clears from the consumers billing statement that prior to institution of the Civil suit in the Year 2015 arrears are pending on the Complainant. It is the settled principle of law that, in the absence of any prohibitory order by a Court or any competent authority, consumers are legally bound to pay their energy dues regularly, because electricity is a public property no one even complainant like public office can’t deny to pay their legitmate dues and Ops are free to take legal action on default of payments of arrears. Thus, the complaint is devoid of merit and Ops are empowered to collect the are a dues. The written version and consumer billing statement reveals that an amount of Rs. 9983/- is pending on the complainant, till December-2015. As the Office of the complainant is a Public Office to collect the arrears amounts Ops should adopt a liberal method to collect the arrears dues by fixing the arrears amounts on few installments. Hence I.A. Misc case No. 27/16 which arises out of the present C.C. case is here by vacated.
Having observations reflected above it will be reasonable if the arrears out standings of complainant be collected in Rs. 500/- per month in addition to current monthly energy charges.
No order as to cost. Accordingly the complainant is disposed of.
Pronounced in the open Court, this the 28th Day of January,2017.
