Orissa

StateCommission

RP/89/2022

Executive Engineer, Electrical - Complainant(s)

Versus

M/s. Hati Fly Ash Bricks - Opp.Party(s)

Mr. D.R.Ray

29 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/89/2022
( Date of Filing : 26 Dec 2022 )
(Arisen out of Order Dated 15/09/2022 in Case No. CC/102/2022 of District Dhenkanal)
 
1. Executive Engineer, Electrical
Tata Power Central Odisha Distribution Limited., Dhenkanal Electrical Division, Dist- Dhenkanal.
...........Appellant(s)
Versus
1. M/s. Hati Fly Ash Bricks
At- Odhana,Jineilo, Bhban, Dist- Dhenkanal.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:Mr. D.R.Ray, Advocate for the Petitioner 1
 
Dated : 29 Dec 2022
Final Order / Judgement

        Registered the Misc.case.

2.      Heard the learned counsel for the review  petitioner. He submits that there are eleven days delay in filing the  review petition due to official procedure and prays to  condone  the delay.

3.      In view of the fact that the delay is only eleven days, we condone the delay without prejudice to the rights of the OP.

4.      However, he submitted that on  15.09.2022 the learned District Commission  passed the  exparte order U/S 38(8) of C.P.Act,2019  to restore the electricity to the premises  without hearing of the O.P and without considering any other materials to pass such exparte order. It is submitted that  there is disconnection of electricity due to nonpayment of the electricity dues. He submits that if opportunity would be  given they would submit all the materials before the learned District Commission.

5.      Considered the submission and perused the impugned order which is passed exparte U/S 38(8) of C.P.Act and the revision petition.

6.      It is submitted  by petitioner that there is arrear of Rs.66,432.56p pending against the complainant. Moreover, the impugned order does not disclose on what basis the learned District Commission  passed exparte order. Every quasy judicial order or judicial orders must be passed  with rational reasons. Hence the impugned order is not a speaking order. It is liable to be set aside and it is set aside at the stage of admission. However, the matter is remanded to the learned District Commission for giving opportunity to the O.P for filing objection and hear both parties  and pass speaking order  in accordance with law. Further, the learned District Commission is directed to dispose of interim petition on merit within a period of 30 days from the date of receipt of this order. The petitioner is directed to appear before the learned District Commission on 09.01.2023 to receive further instruction from it.

         Revision petition is disposed of accordingly.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MS. Sudhiralaxmi Pattnaik]
MEMBER
 

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