Orissa

Jajapur

CC/103/2019

Dhaneswar Barik. - Complainant(s)

Versus

S.D.O,Electrical,Duburi. - Opp.Party(s)

N.K.Tripathy,Aditya Narayan Nayak.

20 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION :  JAJPUR.

Presents:-   1.    Smt. Susmita Mishra ,      President,

                                                       2.   Sri Bibekananda Das        Member .

            Dated the 6th  day of  October, 2023.

C.C. Case No. 103 / 2019.

 Dhaneswar Barik,S/O  Late  Babaji Barik

 At-  Karatha- Ragadi, Po:-  Pingal,

P.S:-  Kalinganagar,

Dist:- Jajpur.                                                               .  .  .  .  Complainant.

                   Versus.

1. S.D.O,Electrical, Duburi, At/P.O/  Duburi, Dist.Jajpur.
2. Executive Engineer, Electrical , Dhabalgiri ,P.S.Jajpur Road.                        …....Opp. Parties.

                             Counsels appeared for the parties. 

For the Complainant :-        Sri  N.K.Tripathy, Advocate & associates.

For the Opp. Parties    :-       Sri G.C.Panda, Advocate.

Date of filing Complaint     :-     03.12.2019,

Date of Argument            :-       07.07.2023,

Date of Oder                             :-       20.10.2023.

MR. BIBEKANANDA DAS,  MEMBER

                   The C.C case has been filed U/s 12 of C.P. Act, 1986 is taken up today for order. On repeated calls none appeared from both the parties. However, since it is an year old case, we are disposing it on priority basis as per mandate of C.P.Act,2019.

                   The complainant has filed the C.C.Case against the O.Ps for their illegal outstanding dues towards the energy charges and threatening to disconnect the power supply from the house premises of the complainant. The complainant also filed one interim petition and this Commission vide order dated 16.12.2019 had given direction to the O.Ps not to disconnect the power supply to the premises of the petitioner. As per complainant’s allegation the O.Ps have committed deficiency in service. The O.Ps on the other hand stated in their written version that, the house premises of the complainant was verified on dated 16.10.2019  and found that the complainant using electricity by tampering the meter for which the O.ps have made a provisional assessment of Rs.55,663/- for unauthorized consumption of electricity by the complainant . The said assessment served to the complainant on dated 22.10.2019 and the complainant objected the provisional assessment and submitted one objection on dated 21.11.2019 to reduce the penal amount and accordingly the penal amount has been finalized to Rs.33,927.24/- in presence of the complainant and the complainant received one copy of the final assessment on dated 21.11.2019.

                   From the aforesaid facts and circumstances as discussed above, it is our considered view that neither the complainant nor the O.ps have produced any relevant documents before this Commission in support of their case like disconnection notice, provisional assessment order, PVR, final assessment order and the related bills etc to take a just and proper decision in this case by the Commission. They have also not adduced any evidence in support of their case.

                   Hence, we do not find any merit in the C.C.Case and it is hereby dismissed. No order as to cost.

                   With the aforesaid observation the C.C.Case No.103/2019 along with the Interim Application are accordingly disposed of.                                            

                    Issue extract of the order to the parties  concerned.

                    Judgment pronounced in the Open Commission on this the 20th day of October 2023.