DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 18th day of September, 2019
C.D Case No. 87 of 2017
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Chakradhar Senapati
S/o Late Baidhar Senapati
Vill/Po: Rambhila,
Ps: Bhadrak (R),
Dist: Bhadrak
……………………. Complainant
(Versus)
1. S.D.O, Electrical, NESCO No. 4 Section, Bhadrak
At/Po/Dist: Bhadrak
2. Junior Engineer Electrical, NESCO No. 4 Section, Bhadrak
At/Po/Dist: Bhadrak
…………………………..Opp. Parties
Counsel For Complainant: Sri U. Panda & Others, Adv
Counsel For the O.Ps: Smt. G. Pradhan, Deputy Manager (Legal) NESCO
Date of hearing: 07.08.2019
Date of order: 18.09.2019
RAGHUNATH KAR, PRESIDENT
This dispute arises out of the complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps to the effect that the complainant and his brother Krushna Chandra Senapati both are sons of Late Baidhar Senapati. During the life time of Baidhar Senapati he was a electricity consumer vide No. BO-1182 the complainant and his brother have been living separately since the demise of their father Baidhar Senapati. Although he is dead but the electricity bill has been prepared in his name. The name of Baidhar Senapati has neither been deleted in the office of the NESCO nor it has been corrected. The complainant has been directed by the O.Ps to deposit a sum of Rs 25,000/- because a lump sum amount of Rs 44,300/- is still remaining as balanced so the complainant deposited Rs 25,000/- vide book No. NF 3597, receipt No. 719372 on dt. 04.07.2016. The O.Ps handed over the money receipt to the complainant on 04.07.2016, the O.Ps granted the money receipt and handed over the same the complainant and his brother.
After making payment the above mentioned amount to the O.Ps, they are so arrogant they avoided to connect the electricity line to the dwelling house of the complainant. After requesting again and again to the O.Ps, they are avoiding to connect the power connection to the residential house of the complainant. They are making delay intentionally. The complainant served legal notices to the O.Ps Pravas Biswal, S.D.O and Deepak Kumar Mohapatra, J.E respectively on dt. 22.03.2017 which have been acknowledged by the said O.Ps but yet no effective step has been taken for connection of electric service line to the house of the complainant. He is suffering a lot staying in the house in darkness. The complainant requested to the O.Ps for providing power connection but they are making delay in the matter on taking different pleas with an intention to harasses the complainant. If the power connection shall not be complied by the O.Ps the complainant will suffer and loss.
Hence the complainant has sought for the following reliefs.
1. To direct the O.Ps for connection of electric service line to the house of the complainant separately.
2. To direct to delete the name of his deceased father Baidhar Senapati.
3. To impose compensation upon the O.Ps amount to Rs 5,000/- towards mental agony and harassment.
4. To direct the O.Ps the complainants name be enrolled his name and to prepare bills in the name of complainant.
Documents filed by the complainant.
1. Receipt of the registered post Annexure- 1.
2. Legal notice issued on dt. 22.03.2017 on behalf of the complainant- 2 sheets Annexure- 1 part 2.
3. Xerox copy of the money receipt in the name of Late Baidhar Senapati on dt. 04.07.2016 Annexure- 2.
The O.Ps have submitted their written version analogously as follows that, the service connection is recorded in the name of Baidhar Senapati having 1 KW domestic load bearing old consumer No. BO-1182 corresponding to new account No. 421414050616. The said connection is still active and the occupants of the said premises are paying the electric bill and obtaining the receipts. In the month of December, 2015 a new meter was installed and the arrear bills were withdrawn as per new meter reading in the month of February 2018 and till February, 2018 the arrear amount is Rs 1732.56p/-. The O.Ps never received any formal application at any point of time for change of ownership on the death of the original owner. The present complainant claiming to be the legal heir of Late Baidhar Senapati is residing in the same premises and availing power supply. The complainant has never produced any relevant document i.e. death certificate, legal heir certificate, and partition deed and consent of other co-owners and clearance of all dues certificate etc before the O.Ps for deleting the existing power supply connection from his father’s name in the bill register. Without producing the relevant original documents and clearance of all the arrear dues before the OP No. 1, the complainant is claiming to avail a new power supply connection in his name. In both the above circumstances first the complainant has to clear the arrear dues. For change of name as per Regulation- 10 of OERC Distribution (condition of supply) code 2004, as amended on 18th August 2010 which is as under- The Regulation 10 is substituted as follows. If the applicant in respect of an earlier agreement executed in his/her name or in the name of his spouse, parents or in the name of a firm or company with which he/she was associated either as a partner, director or managing director, is in arrears of electricity dues or other dues for the same premises payable to the licensee, the application for supply shall not be allowed by the engineers until the arrears are paid in full. Where a property/premises has been sub-divided, the outstanding dues for the consumption of energy on such premises, if any, shall be on pro-rate basis on area of sub-division. The O.Ps have denied the claim of the complainant the prayers prayed for cannot be granted in this proceeding as there is already an electricity connection in name of Late Baidhar Senapati and the complainant is using the same since long. So, another connection cannot be issued in the same premises without clearance of total old arrear dues of Rs 1,732.56p/-.
Hence the O.Ps have prayed for the dismissal of this proceeding devoid of any merit.
Documents filed by the O.Ps.
1. Billing statement of Late Baidhar senapati- 6 sheets.
OBSERVATION
We have already perused the complaint and written version filed by the complainant and the O.Ps as well as the documents filed by them. Before going to decide the case we would like to frame certain issues as follows.
1. Is the proceeding maintainable?
2. Has the complainant any cause of action?
3. Have the O.Ps caused any deficiency of service or harassment towards the complainant?
4. Has the complainant come to this Forum clean handed?
Now we are going to decide the issues framed in this proceeding. According to the CP Act a consumer has got every right to initiate the proceeding against the O.Ps. The word “consumer” has been defined in the CP Act that, “to hire or avail of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who [hires or avails of] the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person who avails of such services for any commercial purpose].” In this case the power connection was in the name of father of the complainant Late Baidhar Senapati. After the demise of his father the complainant has never informed to the O.Ps regarding that the father was dead and he himself wanted to be enrolled as a consumer in place of his dead father. If so the complainant has not enclosed any Xerox copy of the representation. On the other hand he and his brother both are still consuming the electricity in his dwelling house. The complainant has never wanted to become a consumer under the O.Ps. So it is presumed that the complainant has not been enrolled as a consumer after the demise of his father. The complainant has never produced any relevant documents such as death certificate of his father, legal hare certificate and deed of partition as he is claiming that he is still residing in the same premises and availing power supply. The complainant has filed a single No. of money receipt (Xerox copy) on behalf of him vide dt. 04.07.2016. So it is presumed that the complainant has sum arrear money which is still unpaid by the complainant. It is ambiguous that the complainant is a consumer. The complainant has not paid any amount to the O.Ps towards the revenue as the O.Ps have agitated in their written version.
The complainant has not described vividly about the cause of action of this case because this factor is most vital factor for a proceeding. In absence of cause of action the proceeding is not maintainable.
According to the CP Act the consumer proceeding deficiency of service is caused by the O.Ps towards the complainant. In the present proceeding the complainant has not claimed any deficiency of service against the O.Ps even if he has not written single sentence regarding the deficiency of service against the O.Ps. In absence of the recent money receipts and representation, relevant documents the complainant has failed to establish his case.
After discussing about the aforesaid matter we have reached at the conclusion that the complainant should have come to this Forum with clean handed. Hence it is ordered;
- ORDER
The complaint be and the same is allowed on part. The complainant is here by directed to clear of the arrears if any. He is also directed to submit a representation with regard to his grievance in the office of the OP No. 1, as well as the relevant documents such as the death certificate, legal hire certificate, deed of partition in original. The O.Ps are here by directed to accept the aforesaid documents, arrear and supply the electricity service to the complainant, enroll him as a consumer deleting the name of his deceased father and supply the power connection separately to the complainant. The O.Ps are also directed to allot separate consumer ship to the complainant. The proceeding is here by disposed of without cost and compensation. Both the complainant and O.Ps are directed to carry out this order within 30 days on receipt of copy of the order.
This order is pronounced in the open Forum on this day of 18th September, 2019 under my hand and seal of the Forum.
