DATE OF DISPOSAL: 15.05.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

            The fact of the case in brief is that the complainant has filed this Consumer complaint Under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the Opposite Party  (in short O.P.) for redressal of his grievance before this Commission.

            2. The complainant is the beneficiary of consumer No.214201100097 in way of electrical connection to the residence for decade and above. The complainant was regularly depositing the energy charges with the O.P. office. Inspite of the same the complainant was asked to deposit Rs.12,250/- during January 2014 without submitting the details of the same. Smt. Sasi Swain is the mother of the complainant in whose name the electric connection was obtained and the complainant along with the defendants are the beneficiaries of such electrical usage. As such of Smt. Sasi Swain the complainant is authorized to file the present complaint.  During 18.03.2014 the complainant who asked to deposit Rs.3000/- while the electrical connection was withdrawn by the O.P. and accordingly the complainant deposited Res.3000/- vide Receipt No. 42084 dated 18.03.2014. Further deposit of Rs.150/- towards reconnection charges vide receipt No. 166692, Book No. 42084 dated 18.03.2014 as instructed by the O.P. There was disconnection of electrical line on the residence of the complainant and the complainant deposited Rs.5,000/- on April 2015 Rs.1000/- on 28.10.2021. In the meantime, the complainant is requesting orally/personally reconnection of the electrical connections and advising to deposits the arrear dues in phased manner. The complainant submitted written request on 02.04.2021 stating that on 18.03.2022 the electrical connections has been disconnected by the officials of the O.P. without any intimation or information. It was submitted for detail enquiry as to how the electrical connection has been disconnected so also to give connections to save the complainants from harassments. But there is no response from the O.P. Though the complainant has not availed the service of the O.P. through electrical connection, has received the Bill for January 2022 to February 2022 for Rs.272.82 paisa. Though the complainant asked for the same in the office of the O.P. there are non to respond. The complainant suffers from harassment along with his family during this hot summer in absence of electrical connection moreover; the education of his children suffers. Alleging deficiency in service on the part of the O.P. the complainant prayed to direct the O.P. to give electrical connection for the residence of the complainant in consumer No. 214201100097 of Dualiapadi sahi, Polasara, compensation of Rs.30,000/- and litigation cost of Rs.15,000/- in the interest of justice.

            3. The Commission admitted the case and issued notice to the Opposite Party.

            4. The Opposite Party filed written version through his advocate. It is stated that the instant proceeding filed by the complainant is not maintainable in the eye of law. As seen from the record the consumer number 2142-0110-0097 stands recorded in the name of Smt. Sasi Swain, the mother of complainant, but the averment that the complainant was regularly depositing the energy charges is false, the complainant is a defaulter in depositing the electricity dues and was not paying the electricity dues in time since 06/2011. From the billing abstract, it is seen that the complainant though availed power supply from the O.P. but paid only Rs.3,000/-, Rs.5000/- and Rs.1000/- during 03/2014, 04/2015 and 10/2021. For non-payment of electricity dues, the power supply to the premises of the complainant was disconnected as per the provisions of OERC Code and Electricity law in force. On 28.10.2021 a new meter was installed in the premises of the consumer. For non-payment of electricity dues, the outstanding dues accumulated to Rs.56,182/- in the billing month of February 2022 for which the power supply was disconnected during March 2022. For re-connection of power supply, the complainant had made a written representation to the Opposite Party on 02.04.2022. With a view to settle the matter in a prospective manner, the O.P. revised the bill of the complainant and withdrawn an amount of Rs.20,682/- from the bill and effected the same in the billing month of 05/22. Prior to filing this complaint before this Hon’ble Commission, the complainant also filed a petition before the GRF case No. 146/2022. After revision of the electricity bill, the complainant along with his brothers sold the premises to Smt. Sunita Swain, who deposited the arrear electricity dues of Rs.35,916/- of Consumer No.2142-0110-0097 and dismantled the service connection by depositing the dismantle fees of Rs.708/- and obtained new power supply in her name having new consumer No. 2142-0110-0605. The copy of the sale deeds, the money receipt of Rs.35,916/-, the copy of receipt of dismantle of service connection fees along with the no dues certificate against consumer No. 2142-0110-0097 is enclosed herewith as Annexure-III, IV, V and VI respectively. There is no cause of action arose to file the present complaint against the Opposite party. Moreover, after dismantle of the service connection of consumer number 2142-0110-0097, the present complainant is no more a consumer of electricity, as there is no existence of the consumer number 2142-0110-0097, as such the present case being devoid of any merit needs to be dismissed.

            5. On the date of hearing, the Commission heard from learned counsels of both the parties on the point of issues at length. The Commission perused the complaint, written version, evidence on affidavit and written arguments minutely available in the case record.  

                Considering the factual aspects of the case and evidences adduced by both the parties, it is revealed that, the present complainant is having no Privity of Contract with the Opposite Party. The complaint is sans merit.

            Resultantly, the Commission dismissed the complaint against the Opposite Party summarily. No cost.

            This case is disposed of accordingly.

           The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

             A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

            The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on15.05.2024.