Orissa

Jajapur

CC/4/2016

Sudhansu Sekhar Sattpathy - Complainant(s)

Versus

S.D.O,Electrical,Jajpur Town Electrical Subdivision. - Opp.Party(s)

C.R.Ojha

27 Feb 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.

                                              Dated the 27th day of February,2017.

                                                      C.C.Case No.04 of 2016

Sudhansu sekhar Sattpathy S/O Gajendra Sattpathy

Vill. Ankula (Laliteswar Nagar)

P.O/ P.S/ Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

1.S.D.O, Electrical  , Jajpur Town Electrical Sub-Division,

 At. Kalimegha , P.O/Dist.  Jajpur.

2.Executive Engineer, Jajpur Electrical Division,

  At/P.O/Dist. Jajpur .

                                                                                                                          ……………..Opp.Parties.                  

For the Complainant:                           Sri C.R. Ojha, Advocate.

For the Opp.Parties :                            Self.

                                                                                                     Date of order:   27.02.2017.

SHRI  PITABAS  MOHANTY,   MEMBER .

                        The petitioner has  filed the present dispute alleging deficiency in service on the part of the O.Ps.

                        The facts relevant for the present dispute as per complaint petition shortly  is  that  the petitioner is a domestic consumer of electricity under the O.Ps. having consumer No.JTT-3589 . The petitioner was  paying the electrical dues regularly .

                        The electricity supply was provided by O.Ps to the premises  of the petitioner  who made construction  in the land  purchased by the petitioner on dt.06.04.1984. But unfortunately in the last consolidation operation the final R.O.R has been wrongly published in the name of Durgabati Nayak and others. They are the  surviving successors of the original C.S recorded owner’s of the land . Though it is  admitted fact that the C.S recorded owners and their heirs have transferred the land, to different person on different occasion, but the present successors of the C.S recorded owner they have managed to record their names in the consolidation R.O.R for which  complainants have been filed an appeal before the Commissioner of consolidation, Odisha ,at-Cuttack vide consolidation Revision No.55/2014 U/S 36 of OCH and PFL Act of 1972, which is now pending.

                        That on 05.01.2016 all on a sudden the field staff of the O.Ps came and tried  to disconnect the existing power supply from the house of the complainant, though the complainant managed to returned them back with an assurance that he will visit the office of O.Ps and apprise them about the matter. The complainant is of 60 years old, and his old parent are residing with him, in case  the power supply will  be disconnected then his family will be highly affected .

                        Accordingly the petitioner knocked  the door of this Forum with a prayer to direct the O.Ps  not to disconnect the power supply from  the house of the petitioner.

                        After notice the O.P  appeared and filed the written version stating that : on the basis  of complaint  received from four brother namely, Sri Dhirendra Ku.Nayak, S/O Upendra Nayak and others, the Junior Manager(Elect) No.1 Electrical Section ,Jajpur Town has visited the spot on dt.15.01.16 and the verification report is enclosed herewith for favour of kind information .

1.It is false to say that 05.01.16 ,the O.Ps  tried to disconnect the power supply. Further  false to say that the O.Ps  is  threatening to disconnect the power supply  from the premises of the complainant. The O.Ps  are  not liable for any compensation since there is no deficiency in service.

                        In view of the above pleadings of both the parties ,we perused the record along with documents ,ledger copy filed from both the parties as well as inclined to dispose of the dispute as per our observation below:

                        It is stated by  the petitioner that he  is a 25 years regular domestic consumer under the O.Ps  who was paying the electricity dues regularly . The petitioner stated in the complaint petition that in the last consolidation operation the final R.O.R has been wrongly published in the name of Durgabati Nayak and others and as  against such wrong publication  in R.O.R the petitioner has filed an appeal before the Commissioner on consolidation, Odisha vide consolidation Revision No.55 of 2014 U/S 36 of OCH and PFL Act of 1972. Which is  still now pending. In view of the above aspects the grievance of the petitioner is that the O.Ps  are  trying to disconnect the power supply from  the house which situated on the said disputed land  though  the O.Ps have   categorically denied the same in their written version.

Hence this Order:-

                        In the net result the dispute is disposed of and the O.Ps  are  directed  not to disconnect the power supply from the premises of the petitioner till disposal of the consolidation revision No.55/2014 .  The petitioner is also directed to pay the electricity dues regularly after disposal of the consolidation appeal  and in the event of default , the O.Ps  can take steps as per law if necessary. No cost.                        

This order is pronounced in the open Forum on this the 27th day of February,2017. under my hand and seal of the Forum.                                                                                             

 

(Shri Jiban ballav Das)                                                                            (Shri Pitabas Mohanty)                                                         

          President.                                                                                                   Member.                                                                       

 

                                                                                             Typed to my dictation & corrected by me

(Miss Smita  Ray)

       Member.                                                                                               (Shri Pitabas Mohanty)

                                                                                                                                  Member.