1.Alleging deficiency of service and unfair trade practice the complainant filed this case against the O.Ps for a direction for restoration of supply of electricity to the rice mill of the complainant alongwith compensation.

2.The case of the complainant in brief is that, he had a rice mill at village Gudapada and thesame was running with electricity for being supplied by SOUTHCO, Boudh electrical Division on 13.10.2012 the supply of electricityto the rice mill was disconnected by the O.P. and this had done without any notice to the rice mill of the complainant. The complainant had taken several attempts for restoration of electricity to the rice mill to maintain his livelihood. On 4.4.2015 the O.P. has started a case against the complainant under section 379 of IPC and 135 of Indian electricity Act which was pending in the Hon’ble Court of S.D.J.M,Boudh vide CT. No. 143/2015.The complainant again filed an application on 16.6.2015 for restoration of power supply to the rice mill and agreed to pay  the arrear dues pending againsthim.On the representation made by the complainant the O.P.No.1 had issued a letter vide No. 609 dtd.20.6.2015 demanding the complainant to make payment of Rs, 24,907/- alongwith Rs.600/- towards reconnection charges. TheO.P No.1 further demanded Rs.3, 50,309/- towards the assessment against the availing unauthorized  use of power. The complainant  is a consumer  and the O.P are deliberately harassing him  by disconnecting the power supply without issuing any prior notice  and  the demanding of Rs.3,50,309/- is an unfair trade practice. As the O.P could not take any steps on the representation made by the complainant which forced him to file thiscase against the O.Ps.

3.After being noticed, the O.Ps. appeared and filed their counter in this case. The case of the opposite parties is that the case is not maintainable in the eye of law and the complainant   does not come within legal and statutory provision of definition of C.P.Act.This court has got no jurisdiction to decide the present dispute and there is absolutely no deficiency of service on the part of the O.Ps.Thecomplainant was an industrial consumer of power supply company  and was availing regular power supply from the date of initial supply. As the complainant made default on his payment of electricity dues,  power supply was disconnected from the industrial unit of the complainant from 13.10.2012.Thecomplainant is no more consumer under supply of electricity of the O.Ps and the case is barred by limitation as   disconnection was on 13.10.2012.Thecomplainant was unauthorizedly running the  said unit by way of theft of electricity.On the allegation of the department electricity case has been initiated by Boudh Energy Police Station Case  NO. 4/2015 alongwith section 135 of Electricity Act read section 379 IPC and the same is pending before the SDJM,Boudh for trial.The special court has power for criminal case under as mention under section 154 (5) of electricity Act.The agreement between the complainant and the O.P. has been terminated as per the regulation of OERC. 2004. Accordingly the complainant cannot be treated as a consumer under the eye of law. The termination of agreement and restoration of power supply to the unit of the complainant is beyond the purview of law and the complainant can apply for new connection. Before approaching the forum, the complainant has approached the Hon’ble High court for restoration of power supply and the same has been already been disposed with a direction to the complainant to approach GRF for restoration of power in his unit. The complainant has deliberately suppressed the fact of the Hon’ble High court order  passed in Writ petition No.2881 of 2016. In this way the O.Ps prays for dismissal of the case.

4.The point for determination in this case is whether the complainant is a consumer against the O.P.s whether the complainant is entitled for restoration of power supply to rice mill,   whether the complainant is entitled for compensation and whether the case is barred by limitation.

5.There is no disputes between the parties that, the complainant being a consumer against the O.Ps had taken electricity connection to his rice mill. The complainant made payment  of the electricity dues  to the O.Ps.As because electricity dues are pending against the complainant disconnection of power supply  was made by the O.Ps.Thecomplainant made representation for supply of electricity to his rice mill and the O.P.s  intimated him  vide letter NO. 609  dtd.20.6.2015 to make the arrear outstanding payment and also simultaneously a provisional of assessment Rs.3, 50,309/- for connection of the said line. During initiation of this case an interim petition has been filed by the complainant for restoration of power supply after receiving the arrear outstanding dues. This forum has passed an interim order dtd.11.5.2016with a direction to the O.P. for supply of electricity to the rice mill on payment of arrear out outstanding dues   within 3 days after receipt of the order. The complainant had deposited the same amount before the O.P for connection of the electricity line to his mill.By that time the O.Ps has preferred a Revision vide Revision case NO.40/2016 and the said revision petition has been disposed of on 17.8.2017 with a direction that to decide the consumer complaint within 2 months from the date of receiving of the order and the interim order has been stayed till disposal of the case. The complainant had filed this petition before this forum on 20.4.2016 with a prayer to restoration of power supply alongwithcompensation.The complainant himself admits in his original petition on 13.10.2012 the supply of electricity was disconnected by Boudh electrical Division arbitrarily without any notice to the complainant. Also the complainant admits that very upon he rushed to the O.Ps and purt forth his grievance for supply of electricity to his rice mill. The complaint petition also reveals that on 4.4.2015 a case has been intiated against him under 379 IPC and Section 135 of Electricity Act, 2003 which is pending before Hon’ble Court of SDJM, Boudh vide Cr. Trial NO. 143/2015.The complainant requested for taking suitable action for connection of electricity   by letter dtd.16.6.2015 asked the O.Ps to give information regarding exact outstanding dues against him.The O.Ps submits in his written statement that before approaching the ltd. forum the complainant had approached the Hon’ble High Court  in Writ petition NO.2881 of  2016 for restoration of power supply and  the  same has been disposed of with a direction to the complainant to approached of GRF for restoration of  power in his unit. The complainant has deliberately and intentionally suppressed the order of the Hon’ble High Court in Writ petition No.2881 of 2016. The consumer complaint can be filed in this forum within  2 years  from the date of cause of action as per the section 24A of the C.P.Act.This court has no power to entertain any petition beyond the said period. The complainant had filed this petition at a belated stage and the same is barred by time.

6.Taking into consideration of this case of the complainant and submission made by the O.Ps,we dismiss the case of the complainant on the ground of limitation and as such other issues need not to be discussed. The complainant   may got liberty to move for restoration of power supply in the GRF if he so desires.  This case is disposed of accordingly.

Order pronounced in the open court under the seal and signature of the forum this the 23 rd day of November, 2017.