Orissa

StateCommission

RP/28/2023

The Manager Elcetrical TPCODL - Complainant(s)

Versus

Rabibdra Sahoo - Opp.Party(s)

M/S D.Mohanty & Assoc.

22 Mar 2023

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/28/2023
( Date of Filing : 14 Mar 2023 )
(Arisen out of Order Dated 19/01/2023 in Case No. CC/97/2022 of District Nayagarh)
 
1. The Manager Elcetrical TPCODL
BED Nayagarh, represented by Mr. Santosh Kumar Mohapatra, S/o- Late Nityananda Mohapatra, Dist-Nayagarh.
2. The S.D.O., Electrical Nayagarh
TPCODL represented by Mr. Bhagyaban Pradhan, S/o- Sudarshan Pradhan, At/Po/Dist- Nayagarh.
...........Appellant(s)
Versus
1. Rabibdra Sahoo
S/o- Late Trinath Sahoo, Machhipada, Dist-Nayagarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MR. Pramode Kumar Prusty. MEMBER
 HON'BLE MS. Sudhiralaxmi Pattnaik MEMBER
 
PRESENT:M/S D.Mohanty & Assoc., Advocate for the Petitioner 1
 
Dated : 22 Mar 2023
Final Order / Judgement

M.C.No.229 of 2023

R.P. No.28 of 2023

 

         Heard  learned counsel for the  petitioners.

2.      Learned counsel for the petitioners submitted that there is an arrear of Rs.9,22,553/- against the complainant but the learned District Commission without considering the same  directed to restore  power supply to the premises of the complainant within 7 days from the date of receipt of the order. Since the power supply has not been restored the warrant of arrest was issued against the O.Ps. He also  filed the provisional assessment bill. He submitted that unless the arrear amount is deposited  the direction to restore electricity is contrary to the provision of law.

3.      Considered the submission. Perused the documents and impugned order. In the interim order nothing has been mentioned regarding the written version. When both parties were present, materials produces to be considered particularly, when the case is started due to theft of energy by the petitioners vide Annexture-B and C. Therefore, we are of the view that the impugned order portion should be speaking order. Due to want of some reason, we have no option than to set aside the same. Therefore, at the same time, we give opportunity to the complainant to pay Rs.2,00,000/- to the O.Ps within 15 days   and after deposit of the same, O.Ps should  restore  power supply immediately to the premises of the complainant. If Rs.2,00,000.- is not deposited within 15 days, the O.Ps are at liberty to withdraw the power supply.  The complainant may be allowed to pay the arrear amount on installment basis, if he so desires.

4.      Since the written version has been filed the learned District Commission is directed to dispose of the consumer complainant within a period of 30 days from the date of receipt of this order. The petitioners are directed to produce the copy of this order and appear before the learned District Commission on 29.03.2023 to receive further instruction from it.

5.      For the time being warrant of arrest shall remain stayed till disposal of the execution proceeding.

6.      Revision petition is disposed of accordingly.

          The copy of this order be uploaded in the Confonent.

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

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