DATE OF DISPOSAL: 08.10.2024

           This case is put up today for passing of order. On 01.10.2024   the Advocate for the Complainant filed a hazira and submitted on the point of admissibility of the complaint along with on the interim application today. The Ld. Counsel for the Complainant submitted that, the opposite party initiated proceedings under Sec. 126 of the Electricity Act, 2003 without informing the complainant and issued detail notice, physical verification report through post. On physical verification report, the O.P. has not taken any signature of the complainant and said physical verification of the premises of the complainant was carried out in his absence. Therefore, the entire proceeding has been vitiated the law and violation of the principle of natural justice. In such circumstances, the complaint be admitted and in the interim measure restraint the opposite party not to disconnect the power supply of the premises till disposal of the case.

               2. The Commission heard and perused the complaint along with the documents filed by the Complainant available in the case record. It is revealed that, the Complainant has admitted that, the opposite party has issued a notice no.:6203-541229082401 / Dated: 30.08.2024 under Sec.126 r/w Sec.135 of the Electricity Act, 2003. It also apparent from the record that, the complainant has filed its objection on the said notice issued under Sec.126 of the Electricity Act, 2003 on dated: 06.09.2024. From the submission of the complainant in the interim application manifest that, the proceeding is already finalised before a Quasi-Judicial body under Sec.126 of the Act, 2003. On 08.10.2024 the Complainant filed hazira. The law is well settled by the Hon’ble High Court of Orissa, Cuttack in WP (C) No.: 20469/2024 in between The S.D.O, Electrical (TPSODL), Electrical Sub-Division, Bijipur, Ganjam & Ors. –versus-Smt. Sarmila Kumari Panigrahy & Anr. that, the DCRDC has no jurisdiction to entertain the consumer complaint on Section 126 of the Electricity Act.  The ratio in the instant case is very much similar to the S.D.O, Electrical (Supra). Relying upon the said decision of law the District Commission is inclined to admit the case and to pass any order in the interim application of the Complainant.

          Considering the factual position of the case, the complainant’s case is not maintainable and dismissed in limine against the O.P. and the complainant is at liberty to file his complaint before any Court of Law having competent jurisdiction for redressal of his grievance and he may avail the benefits under Section 14 of the Limitation Act, 1963 in the best interest of justice.

            In view of the order, all the pending interim petition and orders, if any, are disposed of accordingly henceforth.   

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to the complainant  free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 08.10.2024.