DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
CONSUMER DISPUTES CASE NO. 10/ 2020
Kalandi Dash
S/o Braja Kishore Dash
Atl- Harif Market, Kacheri Bazar, Bhadrak
Po/Ps/Dist- Bhadrak .................Petitioner
(Versus)
- The Executive Engineer, NESCO UTILITY,
North Division, Bhadrak- I,
At- Bypass, Po/Ps/Dist- Bhadrak.
- S.D.O, Electrical, NESCO UTILITY, Bhadrak- 1
At/Po/Dist- Bhadrak
- Junior Engineer, Electrical, NESCO UTILITY,
Bhadrak North, Bhadrak- 1,
(Near Mahatab Chhak, Bhadrak)
At/Po/Dist- Bhadrak
- Deputy Manager (Electrical), NESCO UTILITY,
No- 1, Sub-Division, Bhadrak
At/Po/Dist- Bhadrak
……………… Opp. Parties.
Order No.10 dt. 10.02.2021
Advocate for complainant files a memo not to press the petition dt. 02.02.2021 as order of the commission dt. 06.02.2020 is in force till final disposal of the case. Copy of which served on O.Ps.
Authorised representative of O.Ps Smt. G.Pradhan Dy . Manager (Legal) NESCO files objection on the petition dt. 02.02.2021. Copy served on complainant.
Both parties present in the commission arrived at the conclusion to dispose of the case as per merit of the original petition . As such the matter taken up for hearing.
Heard. Advocate for complainant submitted that he is a consumer of O.Ps having consumer No. BT.1207 (New-A/C No. 421103270015) and paying his electric dues regularly and no arrear is outstanding against him. But without any reasons O.Ps illegally with ulterior motive have served a disconnection notice to disconnect power supply alleging that complainant has no authentic documents regarding owner ship of the premises. Hence he prays for direction of the commission to restrain the O.Ps to disconnect power supply as he has been consuming power supply as a bonafied consumer since last 30 years without default and to pay cost & compensation for causing mental agony and harassment.
O.Ps Objected the claim of the complainant and stated that-
- That, the case filed by the complainant is not maintainable in the eyes of law as it is not a consumer dispute.
- That, the case is bad for non-joiner of necessary party as the A.D.M-cum-Interim Managing Trustee, Sadabarta Math, Bhadrak has not been made an Opp. party in this case and without his presence this case cannot be adjudicated effectively and properly.
- That, the averments made in Para- 1 of the complaint petition is correct to the extent that the consumership is recorded in the name of the complainant under general purpose category having 0.5 KW load at Kacheribazar Bhadrak. It is pertinent to mention here that though the load is 0.5 kw but the consumption patter is much higher as evident from the billing statement.The rest averments are not correct and denied herewith. The complainant is required to strict proof of the same.
- That, the averments made in Para- 2 of the complaint petition is correct to the extent that the Opp. party No- 2 served a disconnection notice for producing the ownership documents. The rest averments are not correct an d denied herewith. It is pertinent to mention here that as per OERC Distribution (Conditions of Supply) Code, 2019 Regulation, 5.A this complaint is not maintainable..
- That, the averments made in Para- 3 of the complaint petition is correct that the Opp. party No-2 issued a disconnection notice for production of ownership documents and failing which the power supply will be disconnected. The rest of the averments are not correct and denied herewith.
- That, the averments made in Para- 4 of the complaint petition is not correct as narrated by the complainant. The complainant is required to prove the same.
- That, the averments made in Para- 5 of the complaint petition is not correct as the disconnection notice is not a ground for filing of the consumer dispute as the complaint is not the owner of the premises where the shop room is situated. It is pertinent to mention here that the real owner has requested for disconnection vide letter No- 24 dtd. 07.11.2019.
- That, the prayers prayed for cannot be granted in this proceeding as it is a civil dispute relating to the ownership of the land and shop rooms.
- That, the Opp. parties reserves the right to add, alter and amend the written version of the case at any stage of the proceeding during pendency of this case before this Hon’ble Forum.
- That, the facts which has not been specifically admitted be treated as denied by the Opp parties.
Hence, the case filed by the complainant being devoid of any merit be dismissed with cost under Section- 26 of the Consumer Protection Act, 1986.
To counter the objection of O.Ps complainantstated that at no point of time the O.Ps have served any notice for any type of default in payment of energy bills nor enquired aboutthe status of land where on the present shop has been constructed.
Perused the pleadings of both the parties. OERC Distribution (Conditions of
Supply) Code 2019,. Regulation, 5.A – which says
‘’The application after duly filled in shall be signed by the owner or the lawful occupier with the consent of the owner of the premises for which supply is required and shall be submitted at the local office or to the engineer along with a non-refundable fee not exceeding the amount as fixed below together with a sketch map of the premises and documentary evidence of his ownership or occupation of the premises in question’’
Odisha Electricity Regulatory Commission Distribution (Conditions of Supply) Code, 2019-
176. The supply shall be disconnected permanently in case of :
1) On the termination of the Agreement; or on receipt of intimation of withdrawl of NOC by the owner of the premises with the tenant.
2) If the cause for which the supply was temporarily disconnected is not removed within the notice period. Provided that in case of continued default in payment of electricity charges and any sum due to licensee/supplier by any consumer for a period of more than two months, the licensee/supplier shall be entitled to terminate the agreement executed by the consumer as per the terms and conditions of supply of the licensee/supplier as approved by the Commission and may remove the electric line or works connected with the provision of supply to the consumer.
3) If the arrear of the dwelling unit occupied by the tenant continues beyond two months, licensee/supplier shall disconnect the supply and terminate the agreement executed by the tenant. 177. The licensee/supplier shall not cut off supply if the con …
Heard both parties and perused materials on record and observed that the complainant has never defaulted in payment of energy bills . When a consumer is found regular in payment of bills on demand there is no justification to serve a disconnection notice on the complainant for no fault. Therefore the action taken by the O.Ps in serving disconnection notice is illegal. However it is also raised by the O.Ps that the title holder of the land has requested the O.Ps to disconnect the power supply to the premises of the shop constructed on the land belongs to “ SADABRATA MATHA “ . It is pertinent to mention here that while providing power supply the O.Ps have never sought for any record for providing power connection and therefore serving notice for disconnection power supply at the instruction of the title holder of the land is unfair. Further there are various ways is available with the title holder of the land to disposes the complainant from the land other than to request for disconnection of power supply to the shop of the complainant. Therefore this commission feels the O.Ps have become instrument to the desire of the land lord.
Under the above circumstances the action of the O.Ps , as felt , is biased and illegal . Hence the O.Ps are restrained to disconnect power supply to the shop premises till the appropriate action is taken by the land lord.
Accordingly the complaint is disposed of.
