The Complainant has filed this case alleging deficiency-in-service by the O.P, where O.P is the Sub-Divisional Officer, NESCO, Markona.
2. The case of the Complainant in brief is that the O.P without any information entered into the premises of the Complainant on 20.09.2017 and cut down electrical connection from the meter and taken away the meter, thus joining electrical connection directly with the pole. So, the Complainant filed complaint handling form before the O.P through Registered post, which was received by the O.P on 22.09.2017. On receipt of the same, the O.P threatened on 02.10.2017 over Telephone that the O.P will disconnect the electrical connection to the premises of the Complainant and for the same, cause of action arose. Moreover, the Complainant has no due to be paid to the O.P. The Complainant will suffer irreparable loss, if the O.P will disconnect the electricity to the premises of the Complainant. Such type of threatening by the O.P to disconnect electrical connection to the premises of the Complainant amounts to deficiency-in-service. The Complainant has prayed for compensation and litigation cost.
3. Though the O.P appeared in this case, but he has not filed any written version in his support.
4. In order to substantiate his claim, the Complainant has filed certain documents as per list, whereas the O.P has not filed any document in his support. Perused the documents filed. It has been argued on behalf of the Complainant that on 20.09.2017, the O.P cut down electrical connection from the meter and taken away the meter and joined the electrical connection directly with the pole, for which the Complainant filed complaint handling form before the O.P through Registered post, which was received by the O.P on 22.09.2017. On receipt of the same, the O.P threatened the Complainant on 02.10.2017 over Telephone that the O.P will disconnect the electrical connection to the premises of the Complainant. Such type of threatening by the O.P to disconnect electrical connection to the premises of the Complainant amounts to deficiency of service, for which the Complainant has filed this case praying for compensation and litigation cost. But, during argument, nothing has been proved about threatening of the O.P to disconnect the electrical connection to the premises of the Complainant and taking of the meter by the O.P is also not proved by the Complainant. The O.P though has not filed any written version, but took part in hearing and orally denied about the allegation of the Complainant. According to Clause-2 of “Complaint handling procedure relating to Distribution and Retail supply” of Electricity Laws in Orissa under Nature of complaints column, it has been mentioned as “The Consumer complaints are categorised under seven heads such as: 1. Voltage complaints, 2. Interruption/ failure of power supply, 3. Load shedding/ scheduled shut-downs, 4. Problems in metering, 5. Billing disputes, 6. Disconnection and reconnection of power supply and 7. Delay in providing new connection”. But, in the instant case, action of the O.P relating to “cut down the electrical connection from the meter and taken away the meter and joined the electrical connection directly with the pole” does not fall within any category as discussed earlier.
5. So, now on careful consideration of all the materials available in the case record and on hearing both the sides, I found no merit regarding plea of the Complainant, for which this Consumer case is not maintainable in this Forum and the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on contest against the O.P, but in the peculiar circumstances without any cost.
Pronounced in the open Forum on this day i.e. the 10th day of January, 2018 given under my Signature & Seal of the Forum.
