Brief facts of this case is that the complainant has applied for a new electricity connection to his house on Plot No. 1169, Katha No. 141 Tahasil Keonjhar Vide application No.20220223N9999237310 dated 23.02.2022. But Op refused to give new electricity connection as there was arrear pending in the same plot. So complainant asked Ops to refund the deposited amount but they refused .The complainant says that there are three separate houses stand in separate names, the complainant has no connection with two other houses owned by Gura Bewa and Kanaka Lata Sethy. For arrear of third party the complainant should not be denied for new electricity connection.
Under the above situation the case is admitted and notice issued to Ops.
The complainant relied on the following documents.
- Application form.
- Payment receipt.
- No objection affidavit of Gauranga sethi.
Ops filed their written version and they denied the averments and stated that the case is not maintainable. In para 3 of WS they have admitted that complainant had applied a new electric connection in the Plot No1169 Khata No.141. In para 4 of the written submission they submitted that already on the particular premises electricity connection is existing in the name of Natha Sethy, Gura Bewa having arrear pending. They also submitted Clause -17(i) of OREC supply code, 2019 which clearly shows that one can take electricity connection to the same premises after clearance of previous outstanding dues. So Ops could not provide new electricity connection and prayed to dismiss the case on devoid of merit.
Following issues are framed for discussion and passing order.
ISSUES
1. Whether the case is maintainable?
2. Whether any cause of action arises in this case?
3. Whether the Ops have made any deficiency of service?
4. Whether the complainant is entitled to get any relief sought for?
FINDINGS
It is a fact that the complainant is residing in the plot No.1169 Katha No.141 Mouza- Dhanurjayapur Tahasil Sadar Keonjhar having a residential house. On dated 23.02.2022 the complainant applied for a new electricity connection under SDO Keonjhar 1 and made payment of Rs.4641.00 towards new connection Vide receipt No.#1645621727N217133. The Ops refused to give new connection as arrear is pending in the same plot in the name of Natha Sethy (Grandfather of complainant) vide Consumer No.D9E16 an arrear amount of Rs.20,786/- up to September 2022 and another consumer Gura Bewa wife of Natha Sethy Vide Consumer No.D9E18 an arrear amount Rs.86,315/-. Both electricity connections have been disconnected due to arrear pending. But the learned advocate of complainant submitted that in the same plot there are three independent houses and separate electricity connections. The complainant has no connection in the family of Gura Bewa and Kanak Lata Sethy.
In this situation complainant prays to refund the deposited amount but Op refused. As per close 17(i) of OREC supply code 2019 one can take electricity connection to the same premises after clearance of previous outstanding dues for which Ops could not provide new electric connection to the house of complainant.
In the payment receipt it is mentioned that in case of rejection of application the processing fee, GST and inspection fee is not refundable but in this case there is no averments in WS of Op that the application is rejected. So it is clearly proved that the Ops neither refund the fee nor take any initiative to give connection. So Op has made deficiency of service to complainant for which he is mentally harassed and residing in his house in dark without new electricity connection. So the case is maintainable and cause of action arises from the date of transaction i.e on dt. 23.02.2022 and complainant is entitled to get relief.
ORDER
The case is allowed in part.
Ops are directed to refund Rs.4,641/- to the complainant with 9% interest from the date of application that is 22.08.2022.
The Ops are further directed to pay compensation Rs.10,000/- for mental harassment and cost of litigation.
If Ops failed to comply the above order within 45 days it shall carry 9% interest on total amount of Rs.4,641+5,000+5,000=Rs.14,641 till the realization from the date of application.
The order is pronounced in open Commission today i.e on 4th August 2023.
