Orissa

Jajapur

CC/33/2018

Mohan Charan Sahoo - Complainant(s)

Versus

S.D.O,Electrical,Bari Electriacl Sub-Division,Bari. - Opp.Party(s)

Ramakanta Ghadei.

31 Aug 2018

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das, President

                                                                            2.Sri Pitabas Mohanty, Member,                                

                                                   Dated the 31ST day of August,2018.

                                                      C.C.Case No.  33  of 2018

 

Mohan ch. Sahoo   , S/O Late  Kangali ch. Sahoo  

Vill /P.O. Bainsiria   , P.S.Bari-Ramchandrapur ,

Dist.Jajpur.                                                                                                                  …………….    .Complainant .                                                                         

                          (Versus)

S.D.O, Electrical ,Bari Electrical sub-division Bari ,At/P.O. Bari ,Dt.Jajpur .

                                                                                                                                                           ………………..Opp.Party.                                                                                                                                                     .                                                            

For the Complainant:                                     Sri Ramakanta Ghadei, Advocate 

For the Opp.Party   :                                       Self.                                                                                                                                 

                                                                                                                             Date of order:  31. 08. 2018.

SHRI   JIBAN  BALLAV  DAS , PRESIDENT   .

Deficiency in NESCO  service is the grievance of the petitioner .

The facts  relevant  as per complaint petition shortly are that the petitioner is   a  domestic consumer under the O.Ps vide consumer no.615312010230 (new)  and  BS 4058 (Old )   .The petitioner is  paying  the electricity  dues regularly as per bill provided by the O.P  since  the residence of the petitioner  is very  long , so the wire fitted for  the same is lying on the ground in most of the time .The petitioner is facing power disconnection due to fall of  wire .  The petitioner also lodged the complain before the O.P  on many occasion but the O.P  did not do anything  to  rectify the problem . It is pertinent to mention here that the petitioner was  also ready to bear the expenses towards   installation of a new pole for reducing the distance of the power supply .

                That the O.P  knowingfully about the problem  is not providing proper service to th petitioner as per agreement executed between them and non providing of essential  service amounts  to deficiency in service on the part of the  O.P .  It is the duty  of the O.P   to provide  proper service  to the consumer ,failing which it comes within deficiency in service in terms of section 2(1) (g)  of C.P. Act 1986. Accordingly finding no other  alternative  the petitioner has knocked the door of this fora with the prayer to  direct  the O.P  to install a new pole  for  power supply to his premises and prayed a sum of Rs 10,000/-  as compensation for mental agony and harassment.

                After notice the O.P  himself appeared and filed the written version   stating that :

The petitioner is a domestic consumer at Bainsria bearing consumer No.BB4058 (6153-1201-0230), CD-1KW ,category –domestic under Sujanpur section of Bari Electrical Sub-division since 30.04.2002 having Sujanpur section of Bari electrical Sub-division since 30.04.2002 having outstanding arrear Rs.222,88 up to March-2018.

                That the petitioner has been provided with  power supply from 63 KVA,11/0.4 KV S/S Bainsria (Ramaraja Padia) from the second pole of the above S/S. In para-4 of the petition it has mentioned the distance of the power supply from the point of the premises is very long, which is not a fact. The distance of the service connection is approximately 35 meters which is permissible as per standard, presently the party is availing power supply through the service wire.

                The service wire from the L.T line pole to the premises of the petitioner passes through a private land of Dasarath Sahoo. During new consumer the petitioner has submitted to this department  a mutual understanding paper between Dasarath sahoo and himself regarding no objection. Presently the petitioner has filed a Civil Suit No.157/2018 in the Court of Civil Judge, jajpur regarding land dispute between Dasarath sahoo  and himself which is under the adjudication of the court.

                As there is right of way problem for power supply to the premises of the petitioner so it is the sole responsibility  of the party to short  out as  per clause no.8 of condition of power supply code of regulation 2004).Further if the petitioner will submit his willingness with connected documents for L.T extension work in his own cost with proper right of way, then this department will prepare estimate and necessary permission will be given by the competent authority to execute the work.

                It is prayed to the hon’ble Forum to be pleased and may kindly  pass order to the petitioner to submit the willingness with connected documents for L.T extension work in his own cost with proper right of way and dispose the case as per merit.

                On the date of hearing we heard the arguments  from the learned advocate of the  petitioner and  O.P . After perusal of the record and documents in detail we observed that :

1 it is undisputed  fact  that the petitioner is a domestic  consumer before the O.P  and is  paying  the electricity dues regularly and the O.P  has provided  power supply after   examining   the feasibility .

2 As per written version  Stated by the O.P  ,the  O.P  has stated   that the service wire from the LT line pole to the premises of the petitioner passes through a private land of Dasarath  Sahoo. During new consumer  the petitioner has submitted to the O.P a   mutual understanding paper between Dasarath Sahoo  and the petitioner  regarding no objection.  Presently the petitioner has filed the civil suit no.157/ 2018 in the court of Civil  Judge ,jajpur regarding land dispute between Dasarath Sahoo  and the petitioner  which is  under the adjudication of the  court .The O.P also stated that the distance of the service connection

approximately  35 meters  which is permissible as per standard , presently the consumer is availing power supply through the  service wire .

                3. Further   as per written version  of the O.P  stated  that there is  right of way problem  for power supply  to the premises of the petitioner , it is the sole responsible  of the party  to sort out  their problem as per clause -8 of  OERC – Regulation -2004  .Further if the petitioner will  submit willingness with connected document for L.T  extension work in his own cost with proper   right  of way then , this deptt   will prepare estimate and necessary permission    will be given by the competent authority to execute the work .

In view of the  observation stated above we  are  inclined to dispose of  the dispute  as per order below ;-

                The o.ps are directed  to maintain the statsco ( continuing power supply  on proper stay wire)  till disposal of the Civil Suit No. 157/2018 before the Civil Judge, Jajpur .The petitioner also directed to pay the electricity  dues regularly , failing which the O.P  can take steps as per law.

 

This order is pronounced in the open Forum on this the 31st day of August,  2018 under my hand and seal of the Forum.