Orissa

Cuttak

CC/7/2018

Pramod Kumar Rout - Complainant(s)

Versus

Manager(Electrical) - Opp.Party(s)

P Prusty

05 Nov 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                    C.C.No.7/2018

 

Pramod Kumar Rout(Advocate),

S/O:Late Natabar Rout,

At/PO/PS:Nischintakoili,

Dist:Cuttack.                                                                                      ... Complainant.

 

                                                Vrs.

1.       Manager Electrical(Office)

Salipur At/PO/PS:Salipur,Dist:Cuttack.

 

2.        S.D.O,Electrical Nischinta Koili,

At/PO/PS:Nischintakoili,Dist:Cuttack.

 

3.        J.E.Electrical,Nischinta Koili,

At/PO/PS:Nischintakoili,Dist:Cuttack.

 

4.       S.D.O/Manager OURCE SU Electrical of Nischintakoili,

Near Petrol Pump/Tanki,

At:Mahajanpur,P.S:Nischintakoili,Dist:Cuttack.                            .... Opp. Parties.

 

5.       J.E. OURCE SU Electrical of Nischintakoili,

Near Petrol Pump/Tanki,

                           At:Mahajanpur,P.S:Nischintakoili,Dist:Cuttack

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:     16.01.2018

Date of Order:   05.11.2022

 

For the complainant:          Mr. Pitambar Prusty,Adv. & Associates.

For the O.Ps  :                      Mr. G.K.Bal,Advocate.

 

Sri Debasish Nayak,President.                                                      

Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that late father of the complainant had taken electricity line to his residence during his life-time and after him, it is the complainant who is consuming and enjoying the same alongwith his wife who happens to be a doctor in Homeopathy.  The complainant alleges that on 2.10.17, the electricity connection provided to his house was disconnected by the O.Ps arbitrarily without his consent for which he alongwith his wife had to suffer.  The complainant further alleges through his complaint petition that even though there are many customers from whom the O.Ps are to get arrear electrical dues of lakhs of rupees, they are not disconnecting those electrical lines.  The O.Ps had also demanded bribe of Rs.12,000/- from him.  The complainant being a practising lawyer had to sustain heavy loss alongwith his practising Homeopathic doctor wife.  Thus, he has filed this case claiming an amount of Rs.9,00,000/- as compensation from the O.Ps together with a sum of Rs.50,000/- towards his mental agony.  He has also sought for directions to the O.Ps in order to waive out the illegal arrear dues of him and to restore the electricity line to his house immediately.

            To support his claim the complainant has filed copies of several documents.

2.         On the other hand, the O.Ps have contested this case and have filed their written version jointly.  According to the written version of the O.Ps, the complainant has suppressed the material facts.  The complainant is consuming electricity without making any payment.  They admit that the father of the complainant had taken the electrical connection to his house and after him the complainant had preferred to continue the same.  According to the O.Ps, the disconnection of the electrical line as available to the house of the complainant was due to non-payment of arrear dues by the complainant towards the consumption of electrical energy to the tune of Rs.12,889/- as on 2.10.17.  The O.Ps have mentioned in their written version the provisions of Sec-56(1) of the Electricity Act,2003 by virtue of which the disconnection of the electrical connection to the house of the complainant was made due to non-payment of the arrear dues and they claimed to have followed the OERC Distribution(CON.OF Supply) Code,2004 before disconnecting the supply.  Thus, the O.Ps have mentioned through their written version that if the complainant clears the arrear dues, there is no difficulty in reconnecting the electrical connection to his house.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written version, this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

            ii.         Whether there was any deficiency in service on the part of the O.Ps ?

            iii.        Whether the complainant is entitled to the reliefs as claimed ?

            The complainant has filed his evidence affidavit which when perused, it is noticed that he has reiterated the averments as made by him in his complaint petition.

Issue no.ii.

            Out of the three issues as framed here in this case, issue no.ii being the pertinent one is taken up first to be considered.

            Admittedly, the complainant is a consumer of electrical energy and there was electricity connection provided to his house which was opted by his late father Natabar Rout.  It is also not in dispute that the complainant was a defaulter in paying the energy dues.  It is because, the complainant himself has prayed before this Commission through his complaint petition seeking direction from this Commission to the O.Ps for waiving out all the arrear dues of him.  A consumer when consumes electrical energy without paying the energy dues, the O.Ps had followed the proper procedure as per Sec-56(1) of the Electricity Act,2003, and had disconnected the electrical line as provided to the house of the complainant and thus this Commission do not find any infirmity or deficiency in service of the O.Ps towards the complainant here in this case.  Accordingly, this issue goes in favour of the O.Ps.

Issues no.i & iii.

            From the above discussions, the case of the complainant can never be said to be maintainable and he is entitled to any of the reliefs as claimed by him. Hence it is so ordered;

                                                            ORDER

            The case is dismissed on contest against O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 5^th day of November,2022 under the seal and signature of this Commission.           

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                                                                                                                                                           Sri Sibananda Mohanty

                                                                                                                                             Member