Orissa

Cuttak

CC/179/2022

Prasanti Kumar Behera - Complainant(s)

Versus

The Assesing Officer,TPCODL - Opp.Party(s)

R N Prusty & associates

10 Mar 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.179/2022

 

           Prasanta Kumar Behera,

           S/O: Late Paramananda Behera,

           At:Jobra(MallahSahi) P.O:College Square,

             P.S:Malgodown,Dist:Cuttack.                                          ... Complainant.

          Vrs.

 

1.       The Assessing Officer,TPCODL,Corporate Sector,

IDCO Tower,Janpath,Bhubaneswar-751022,

                   Odisha.

 

2.        S.D.O,TPCODL,At:Ranihat,P.S:Mangalabag,  Dist-Cuttack

 

3.       Junior Engineer,TPCODL,At-Ranihat,PS-Mangalabag,Dist-Cuttack                           ...Opp. Parties.

 

 

Present:            Sri Debasish Nayak,President.

                             Sri SibanandaMohanty,Member.

 

Date of filing:    08.09.2022

Date of Order:  10.03.2023

 

For the complainant:            Mr. R.N.Prusty,Adv. & Associates.

For the O.Ps              :            None.

 

Sri Debasish Nayak,President.

Case of the complainant as made out from the complaint petition in short is that he is a bonafide domestic consumer of the O.Ps having consumer no.80032399653 to his residence.  He has another house at Jobra Square of College Square area in the district of Cuttack which was given on rent to one Shakti Naik for running a garage.  He had applied to the O.Ps for providing him electricity but was only given temporary electricity connection to the said garage as because the necessary documents for providing electricity to the garage was not submitted.   The temporary connection was disconnected but the cable/service wire from the pole was not removed.  In this connection, the complainant had requested O.P no.3 specially and had been to the O.Ps many a times requesting them to remove the said service wire/cable from the electric pole but O.P no.2 after making enquiry had issued him  a notice claiming a sum of Rs.93,408/- towards the unauthorised use of electricity.  The complainant had issued a pleader’s notice to the O.Ps in this connection and ultimately had filed this case seeking direction to the O.Ps in order to waive out the claim as made by them and also to award compensation of Rs.3,00,000/- in favour of the complainant towards their deficiency in service and towards the mental agony caused to him.

The complainant has filed copies of certain documents in order to prove his case.

2.         Having not contested this case, the O.Ps were set exparte vide order dt.5.12.2022.

3.         The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

 

 

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

iii.        Whether the complainant is entitled to the reliefs as claimed?

Issue No.ii.

Out of the three points, point no.ii being the most pertinent issue is taken up first for consideration here in this case.

It is admitted by the complainant that the service wire/cable was not removed from the pole to his garage which he hadrented out to one Shakti Naik.  It is also admitted by the complainant that O.P no.2 had issued notice to him demanding a sum of Rs.93,408/- towards the unauthorised consumption of electrical energy which he had demanded after making an enquiry.  Thus, it is noticed that the O.Ps were never at fault nor were deficient in their service as alleged by the complainant.  Accordingly, this point goes against the complainant.

Points no.i& iii.

From the discussions as made above, it can never be said here in this case that the case of the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him. Hence it is so ordered;

 

ORDER

Case is dismissed on contest against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 10^th  day of March,2023 under the seal and signature of this Commission.       

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

 

                                                                                                                                 Sri Sibananda Mohanty

                                                                                                                                   Member