C.C. No.18/2023

Bidyadhar Moharana,

S/o. Late Panchu Moharana,

Vill.- Pandia,

P.O.- Biridi Road,

P.S.- Biridi,

Dist.- Jagatsinghpur.                                              ……………. Complainant

1. The Executive Engineer, (El), TPCODL, 

Elect. Division, Jagatsinghpur,

At/P.O.- Gopal Sagar,

P.S./Dist.- Jagatsinghpur.

2. The Enforcement Engineer, TPCODL,

Elect. Division, Jagatsinghpur,

C/O. O/O. The E.E., Elect. Division, Jagatsinghpur,

At/P.O.- Gopal Sagar,

P.S./Dist.- Jagatsinghpur.

3. The S.D.O., Elect. TPCODL,

Elect. Sub-Div., Raghunathpur.

4. The Dy. Manager (Elect), TPCODL,

Elect. Sub. Division, Raghunathpur,

Sl. No. 3 & 4 are At/P.O./P.S.- Raghunathpur,

Dist.- Jagatsinghpur.

5. The Junior Manager, (Elect), TPCODL,

Elect. Section, Biridi,

At/P.O./P.S.- Biridi,

Dist.- Jagatsinghpur. …..… Opposite parties

For Complainant………..Mr. A. Prusty, Advocate

For Opposite Parties………..S.D.O., Elect. Raghunathpur, TPCODL

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                             JUDGMENT

             Complainant has filed the consumer complaint U/s.35 of Consumer Protection Act, 2019 seeking direction not to disconnect the power supply until the issues decided as mentioned in para 10(a) of consumer complaint.

            Issue involves in this case relates to Sec.135 of Electricity Act, wherein Hon’ble Supreme Court in the case of U.P. State Power Transmission –Vrs.- Md. Anis Ahmed has held that Consumer Commissions have no power to adjudicate the issue involved in relation to Sec.126, 135-140 of Electricity Act. We therefore find no merit in the consumer complaint. So we would have dismissed the consumer complaint.

            However taking into consideration the plight of complainant being a senior citizen of 73 years and resident of remote rural area we direct the opposite parties to deduct upto 39% of the penalty as imposed as normally the opposite parties deduct and the complainant may be allowed to pay the same in 05 installments along with regular bill for (For easy calculation of the amount 05 EMIs has been fixed). With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 20^th January,2024.