ORDER

Sri A.K.Patra, President

1. This Complaint is filed by the complainant named above inter alia alleging deficiency in service & unfair trade practice on the part of Ops for non respond of his application for new connection of electricity.
2. Complainant seeks for an order directing the Ops to provide electric connection earliest and to pay compensation of Rs.20,000/- towards mental agony & harassment suffered due to negligence ,deficient service & unfair trade practice there on the part of the Ops.
3. The facts of the complaint in brief as emerged from the complainant petition & document placed on the record are that, the complainant has applied for a new electric connection for her residence on 21.12.2022 vide application number TPW10250930 and has already paid required amount   of Rs.3910/-, as demanded by the Ops, vide receipt No.99077281255495 dt.12/01/2023  so also complied all the required formalities but  as on date of filling of this complaint i.e 11/08/2023 no electricity supply has been made to her residence even after several approaches. The complainant was falsely informed by J.E and SDO that, as there are some dues outstanding with her uncle and his electric connection has been disconnected, no electricity supply will be given to her residence because there is a probability that, she  will supply electricity to her uncle’s house .The  uncle of the complainant was allowed to get electric connection who has built a house adjacent to the house of the complainant.  But no electricity is supplied to the complainant.Hence, this complainant.
4. The complainant ,to substantiate her claims has filed the self attested true copy of following documents: - (i) Application for new connection of electricity dt.21.12.2022 made in prescribed Form –I vide TPW1025093O as annexure –I, (II).Payment receipt #99077281255495 dt.12-01-2023,(III) Indemnity Bond (As per Regulation 14 of OERC Supply Code 2019) duly executed by the complainant dt. 23^rd Feb 2023 vide annexure –III, Grievance made dt. 14.07.2023 in writing made to the Ops authority vides annexure-IV of the complainant petition respective. The averment of the complainant is supported by an affidavit of the complainant.
5.  Being notice, the OP 1 & 2 appeared and filed their   written version denying the complainant allegations on all its material particulars. It is contended that, the reason for not providing new connection is that, the application for new connection was made by the complainant after the electricity connection of her uncle was disconnected  for nonpayment of his arrears. The same connection was used by the complainant .As  far as the electricity supply is concerned, the whole premises has an arrear as the electricity was used by the complainant also for the same premises on which the complainant is trying to take new connection. New connection cannot be provided pending arrears or in case if the property has been divided then the connection will only be provided unless the complainant pays her part of the whole pending arrear. There is no delay or harassment from the side of Ops as no action was possible from the side of Ops unless the pending arrears are fully paid. Further contended that, complaint is not maintainable before this Hon’ble Commission because of the fact that, prior to coming to this Commission, seeking compensation, the complainant could have availed the remedy provided under the statue i.e. section 42(5) of electricity Act 2003 by approaching the grievance Redressal Forum under TPWODL.  On the other hand the complainant preferred to approach this Commission straight away is abuse of the process of law.   Hence, the prayer of the complainant   is not accepted and the new connection could not be provided to the complainant. The complainant is not entitled for any relief in the form of compensation towards harassment or negligence as there is no deficiency in service or unfair trade practice towards the complainant and as such she is not entitled to claim any amount as compensation. Hence, this complaint is not maintainable and liable to be dismissed.
6. Heard both the complainant and learned counsel for the Ops present .Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
7. Complainant has alleged negligence & deficiency of service on the part of the Ops ignoring of his application for new connection even after compliance of all formalities. The averment of the complainant petition are proved by the complainant by filling additional affidavit as prescribed under C.P.Act 2019 remain un-rebutted.
8. During hearing of this case ,the complainant has filed additional self attested documents such as details of electric bill from December 2021 to March 2023 generated in the name of Gagendra Sunani, the uncle of the complainant and   proved that ,as on date of application of the complainant dt 21.12.2022  for new connection of electricity the supply of electricity to her uncle Sri Gajendra Sunani was not disconnected .Further the complainant has proved that, her uncle Sri Gajendra Sunani  has already got electricity connection to his residential premises as per his  Application Form # TPW10344857 DT.13.03.20213,  remain unchallenged
9. Nothing material  placed on the record to hold that, there is arrear bill pending in the name of complainant or spouse, son, daughter ,parents of  the complainant so that the complainant is not entitled to get electricity connection as per Section  17(i) of the OERCD( condition of supply) Code 2019).
10. It shall be proper to quote here the provision of Processing of Application as contended there under Section 21(i) of the OERCD( condition of supply) Code 2019  which is read  follows:- .”For all application form pertaining to release of supply to new connections, the license/supplier shall verify the application form along with enclosed documents and if found deficient, shall issue a written note to the applicant either on the or with 3 days from the date of receipt of application regarding shortcomings in the application form if any” .Nothing materials placed on record to hold that, the Ops have complied this formalities .
11. It found that, Ops have received  the application of the complainant for new connection vide vide application number TPW10250930 and already collected Processing Fee, Service Connection Charges, Inspection Fee, Security Deposit ,Meter Cost with GST i.e Total   with GST,Rs.3910/- vide receipt No.99077281255495 dt.12/01/2023 never rejectet or noted the defects but admittedly not yet supplied electricity to the complainant and, sitting over the application of the complainant for uncertain period of time squarely attribute deficient service and unfair trade practice there on the part of the Ops.
12. Electricity as no date became essential for day to day life and denial of supply of electricity receiving consideration from the complainant certainly caused harassment & mental agony to the complainant cannot be denied.
13. On perusal of the entire order passed in this case it is found that, an interim order dt.14/03/24 was passed in          I.A No. 15 of 2023 directing the Ops to provide new electric connection to the residential premises of the complainant as per her application vide number TPW10250930 following procedure as prescribed within fifteen days of receiving of said order and to submit the complaisance of the order which is not yet complied as it reveals from the memo filed by the complainant dt. 26 April 2023 is a matter of concern which earned award of punitive damage payable by the Ops.
14. Based on above facts & circumstances this Commission is  of the opinion that, sitting over the application of the complainant for new connection of electricity for uncertain period even after receiving of required consideration & compliance of all formalities proved deficient service & unfair trade practice there on the part of the Ops certainly caused inconvenience & mental agony to the complainant for which the Ops are jointly & severely liable to compensate the complainant but  it is not quantifiable however, an award of monetary compensation of Rs.20,000/- as claimed may heal the suffering of the complainant to some extent. The complainant is further entitle for an award of Rs.5,000/- towards the cost of this litigation. Further the O.Ps to shall be restraining themselves from such deficient service & unfair trade practice. In the result, this complaint is allowed in part against the OPs with the following directions:-                                                                                 ORDER

The Opposite Parties are here by directed to provide new electric connection to the residential premises of the complainant with respect to her application vide number TPW10250930 following procedure as prescribed and to pay Rs20,000/-(twenty thousand) as compensation to the complainant for suffering of inconvenience & mental agony caused due to deficient service on the  part of the Ops and to pay  litigation cost  of Rs.5,000/ (five thousand) to the complainant .

Further, the Ops shall restrain themselves from such deficient service and unfair trade practice.

The Opposite Party  are  further  directed  to make compliance of the  aforesaid Order within  four weeks  from the  date of  receipt  of this  order falling which the Opposite Party shall be liable to pay delayed compensation of Rs. 100/-(one hundred) per day to the complainant till compliance of this order.

Pending application if any is also stands disposed off accordingly.

Dictated and corrected by me.

   Sd/-                 

President

                          I   agree                

                                                 Sd/- 

                                              Member                                      

              Pronounced  in the open Commission today on this 27^th November 2024 under the seal and signature of this Commission.

           The judgment/order be uploaded forthwith in the website of the Commission and free copy of this order be supplied to the respective parties or they may download the same from the Confonet  to treat the same as copy of the order received from this Commission