Orissa

StateCommission

RP/37/2022

The Superintending Engineer TPWODL - Complainant(s)

Versus

Subhadra Pradhan - Opp.Party(s)

M/S P.K. Tripathy & Asscoc.

29 Jun 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
Revision Petition No. RP/37/2022
( Date of Filing : 27 Jun 2022 )
(Arisen out of Order Dated 02/06/2022 in Case No. Complaint Case No. CC/12/2022 of District Debagarh)
 
1. The Superintending Engineer TPWODL
Electriacal Circle, Smabalpur, At/Po- Aithaplai, Dist- Sambalpur.
2. The Executive Engineer, Electrical TPWODL
Deogarh Electrical Division, Deogarh.
3. The Sub-Divisional Officer, Tata Power Western Odisha Distribution Limited.,
Deogarh Electrical Division, Deogarh.
4. The Junior Engineer Electrical, TPWODL
Barkote Electrical Division, Deogarh.
...........Appellant(s)
Versus
1. Subhadra Pradhan
W/o- Aswini Kumar Behera, At/Po- Danra, Barkote, Dist- Deogarh.
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE Dr. D.P. Choudhury PRESIDENT
 HON'BLE MS. Sudihralaxmi Pattnaik MEMBER
 
PRESENT:M/S P.K. Tripathy & Asscoc., Advocate for the Petitioner 1
 Mr. A. Bhoi, Advocate for the Respondent 1
Dated : 29 Jun 2022
Final Order / Judgement

          Learned counsel for petitioners is present.

2.        Mr A.Bhoi, learned counsel and associates file Vakalatnama on behalf of the OP which is accepted and kept on record.

3.        Heard learned counsels  for both sides.

4.        Learned counsel for the petitioners submitted that the complainant was a consumer under the OPs and availed electricity connection  with load of 2.K.W but on verification, it was detected  that she was using 10.13 KW unauthorizedly and on 29.4.2022 the electric supply was disconnected to the premises of the complainant.   Thereafter, provisional assessment bill u/s 126 of the Electricity Act amounting Rs.3,36,206/- was served on her. He further submitted that the learned District Commission without giving opportunity to the OPs heard the matter and passed the interim orders dated.02.6.2022 and 09.06.2022. On 6.6.2022, the OPs filed recall petition to set aside the ex parte order, which has been pending before the learned District Commission. Therefore, he prays to set aside the interim orders dated 02.06.2022 and 09.06.2022 passed by the learned District Commission, Deogarh in CD Case No. 12 of 2022.

5.        Mr.A.Bhoi, learned counsel for the complainant submitted that the complainant has not challenged the proceeding u/s 126 of Electricity Act before the appropriate authority but has challenged the deficiency in service on the part of the OPs by disconnecting power supply to the premises of the complainant.  The present petitioner without following the necessary OERC Code and issuing notice of disconnection to the complainant, disconnected the power supply.  On the other hand, he challenged the highhandedness of the OPs in disconnecting electric supply without notice.

6.        Considered the submission of both parties and perused the interim orders and other materials on record.  It is admitted fact that the complainant was using  extra power beyond the contact load  and for that she has to approach the appropriate authority to challenge  the assessment under the Electricity Act. The real crux matter is  that the O.Ps without following the procedure of law  disconnected the electric line on the same day when they found use of extra power by the complainant.

7.        OP filed the recall petition before the learned District Commission to recall the interim orders dated 2.6.2022 and 9.6.2022. The learned District Commission should have heard on the recall petition. However, we are not inclined to interfere with the order dated 02.06.2022 and both parties would appear before the learned District Commission on 07.07.2022 when  the learned District Commission would hear both parties on the  recall petition and pass necessary order in accordance with law.

8.        The order dated 09.06.2022 passed by the learned District Commission, Deogarh in CD Case No. 12 of 2022 is stayed till disposal of recall petition filed by the learned counsel for petitioners.

           Revision petition is disposed of accordingly.

 
 
[HON'BLE MR. JUSTICE Dr. D.P. Choudhury]
PRESIDENT
 
 
[HON'BLE MS. Sudihralaxmi Pattnaik]
MEMBER
 

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