Date.15.07.2022
JUDGMENT
The factual matrix leading to the Case of the complainant is that ,the complainant has been residing in a rented house at Bhawanipatna town since 2011 and submits his online application on 18.07.2021for new electric connection to his under construction house vide holding No.1641128/Ward No.14, back side of Masani Purunapada, Bhawanipatna paying consideration amount of Rs.4641/- vide money receipt/M.R. No.1626589942W063762 .It is alleged inter alia that, after one month of successful submission of online application the Opposite Party No.2 asked the complainant to deposit an amount of Rs.20,000/- towards the cost for extension of LT Span ( planting of electric pole and drawn of wire) near the house of the complainant for supply of electricity to the premises of the complainant and accordingly the complainant has deposited Rs.20,000/- vide M.R. No.B60381150 dt.20.08.2021 but no electric connection is supplied to the premises of the complainant by the Ops .The complainant showing such negligence being deficiency of services on the part of the Ops filed this complaint with a prayer for a direction to the Opposite Parties for supply of electricity to his premises and further pray for award of the cost of this litigation along with compensation of Rs.50,000/- towards sufferings caused due to unfair trade practice and deficiency of service on the part of the Opposite Parties.
Per contra, the Opposite Parties filed their written version denying the petition allegations. It is submitted by the Ops that, the complainant has not submitted his complete application for new connection and there is no cause of action to present this complaint against the Opposite Parties and that the complainant is not a consumer of the Opposite Parties. The application of complainant for new connection was duly processed as per OERC Distribution (Condition of Supply) Code 2019 and that there has been no delay or negligence on the part of the Opposite Parties as such the complainant is not entitle for relief as claimed. It is further submitted that ,the complainant himself has avoided to submit inspection report and so also not submitted required affidavit declaring non pendency of any EC dues in the state of Odisha either on his name or any of his predecessors which is clear violation of Rule 17 (I) of OERC Distribution (Condition of Supply) Code,2019 .The Ops have Quoted said Rule in the written version as follows – “If the applicant in respect of an earlier agreement executed in his/her name in the name of his spouse, son, daughter, parents or in the name of a firm or company with which he/she was associated either as a partner, director or managing director is in arrears of electricity dues or other dues for the same premises or his/her other premises situated in the same DISCOM or any other DISCOM in the State the application for supply shall not be allowed by the engineer until the arrears are settled or paid in full”.
However, the Opposite party has categorically admitted that online application for new connection for the complainant is received and estimate cost of Rs.20,000/-was generated for LT extension since the premises is not having nearby LT poles to extend supply within safety distance prescribed under the rule is received. The Ops alleged that, during physical verification of the premises it was found that an arrear amounting to Rs.86793/- is due in the name of Shri Bhawani Shankar Patra, bearing Consumer No.903511070126 and during field verification it was ascertained that Shri Bhawani Shankar Patra is non but the father of the present complainant. The connection in the name of said Bhawani Shankar Patra is disconnected due to nonpayment of EC dues which has been suppressed by the complainant . Thus, the complainant is not entitling for new electric connection as per Rule 17 (I) of OERC Distribution (Condition of Supply) Code,2019 which has been duly informed to the complainant in time and that, there is no deficiency of service or unfair trade practice on the part of the Ops as such this complaint is not maintainable in the eye of law liable to be rejected.
Heard the parties and given a thought full consideration to the arguments submitted by the Learned counsel from the both parties. Perused the documents available on record and after analyzing the evidence received from the parties , it is found that the Opposite Parties have not disputed receive of the online application from the complainant for new electric connection to his premises and it is also not disputed that the Opposite Party has received the price for supply of new connection. So also it is not disputed that the Opposite parties has received the estimated cost for LT extension to the premises of the complainant as such we hold that the complainant has paid consideration amount to the ops for supply of electric services to his premises as such we safely hold that the complainant is a consumer of the Opposite Parties.
The allegation of negligence, un-fair trade practice and deficiency of service on the part of O.Ps towards the complainant is strongly denied by the Ops .It is submitted that , the Opposite Party has rightly denied the new connection to the complainant as there is arrear dues against the father of the complainant. The learned advocate for the Ops has invited our attention of the Rule 17 (1) of OERC Distribution(Condition of Supply) Code,2019 and placed his argument strongly that ,in view of said Rules the complainant is duty bound to pay the arrear dues against his father , which is cunningly suppressed by the complainant .We found that , though the Opposite Party has pleaded that the complainant has been duly informed about the arrear pending against his father but they have not filed a single document showing that any notice in writing has been served regularly to the complainant demanding payment of dues arrear pending against his father.
During course of argument, the Learn advocate for the complainant submitted that as per Rule 21(1) of the OERC Distribution(Condition of Supply)Code,2019, the application for new connection, can be submitted online/digital mode and with due acknowledgement and after receipt of such application the licensee/supplied shall verify the application form along with enclose documents and if found deficiency shall issue a written note to the applicant either order within 3 (three) days from the date of receipt of application regarding shortcomings in the application form if any. We have gone through the said provision as the copy of the OERC Distribution(Condition of Supply)Code,2019 is placed there in the record . Here in this case, we found no such averment or evidence adduce from the side of the Opposite Party showing that any information in writing has been communicated to the applicant/complainant regarding any shortcomings in the online application though they have pleaded that the complainant has been informed about the arrear EC dues against his father during physical verification of the premises of the complainant.
For proper appreciation we would like to quote the Rule 21(i) of the OERC Distribution (Condition of Supply)Code,2019 as follows - “ For all application forms pertaining to release of supply to new connections, the licensee/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 within 3 (three) days from the date of receipt of application regarding shortcomings in the application form if any.” In view of the above said provision we hold that the Ops are duty bound to inform the applicant in writing if the application found any defect. So the plea taken by the Opposite Parties that there is no deficiency of service or negligence on their part is untenable.
It is found that the complainant has submitted his application form for new connection of electricity on18.07.21 paying the required consideration amount and later on deposited Rs.20,000/- towards the cost for extension of LT pole and drawn of wire) but he has been not supplied with new connection of electricity till date is clear negligence and deficiency in service on the part of the Opposite Parities as such there is sufficient cause of action to present this complainant ,further we found that the complaint is in time and it is well within the jurisdiction of this District Commission .
We do admit that electricity as on date is highly essential and mostly for urban people who are more habituated to electricity and that , non supply of electricity receiving price for the same cause inconvenience to the complainant can not be discarded . Though the suffering caused to the complainant is not accessible, however we think that monetary compensation shall compensate the complainant some extent as such the complainant is entitle for monitory compensation . Further the complaint has engaged an advocate to present his case and appearing before this Commission in day to day proceedings, so also personally attended for conciliation of the dispute as such he is entitle for the cost of this litigation .
In the light of aforesaid discussion we are of the considered view that there is negligence and deficiency of services on the part of the Ops towards the complainant causing suffering to him as such the complainant is entitle for connection of electricity and that the Ops are personally and severally liable to compensate the complainant. The Opposite Parties are at liberty to collect the arrear outstanding amount from Sri Bhawani Shankar Patra vide Consumer No.903511070126 or from his legal heir following the procedure as prescribed Hence ,it is ordered-
ORDER
The Opposite Parties are directed to supply electricity to the premises of the complainant within seven days of receiving of this order. The OPs are further directed to pay compensation of Rs.30,000/- to the complainant along with litigation expenses of Rs.10,000/- ..
The aforesaid awarded compensation is to be paid the complainant within four week from the date of receiving of this order , failing which the amount shall attract interest @ 9% till its realization.
The complaint petition is allowed in part . The pending applications, if any, also stand disposed of in the terms of the aforesaid judgment.
The copy of this judgment be provided to all the parties free of cost immediately and be uploaded forth with on the website of the Commission for the perusal of the parties.
Pronounced in open Commission today on this on 15th day of July, 2022 under the seal and signature of this Commission.
Dictate and corrected by me
President
I agree .
Member President
