SRI JIBAN KRUSHNA BEHERA, MEMBER (I/C)
The complainant has filed this complaint U/s 35 of C.P. Act, 2019 (here-in-after called as the “Act”) alleging deficiency-in-service against the Ops, who are the Electrical authorities of Balasore district.
2. The case of the complainant, in short, is that the deceased feather of the complainant was a domestic consumer under the Ops and after him, the complainant is availing electricity in the name of his deceased father paying the dues regularly. As the meter was found defective, the complainant approached the Ops for instalment of a new meter in his premises and to transfer the service connection in his name, but the Ops neither changed the meter nor transferred the consumer account into his name, rather they used to serve average bill till 2020. In the meantime, six years have already been passed, but the Ops did not install the new meter nor change the name of the consumer. It is further stated that on 25.8.2022, the Ops had been to his premises in his absence and disconnected the power supply demanding Rs.1,02,993.89 paisa till July, 2022. Hence, this case.
3. The Ops have appeared and filed their joint written version challenging the maintainability of the case and cause of action for filing the case. They have stated, inter alia, that as the meter was not available in the departmental store and to meet the urgent necessity of a consumer with the condition that he would pay the monthly dues on minimum charge basis @ 144 units per month till supply of new meter. The complainant has not filed any document to show that he is the son of original consumer Bharat Chandra Khillar. As the consumer account cannot be continued in the name of a dead person, disconnection of power supply and closing of account was done. Further, the new meter was installed in August, 2010 which was again found defective in February, 2012. The new meter was installed in the month of November, 2018. The earlier bills has already been revised and an amount of Rs.49,900/- has been deducted from the total arrear of Rs.1,40,740/- and the bill for balance of Rs.91,781.52 paisa has been served for payment, but this consumer has not paid the same still September, 2021. In the above circumstances, it is prayed to dismiss the case with cost.
4. Perused the pleadings of both the parties and the documents filed on their behalf. From the documents filed on behalf of the Ops, it is seen that the complainant has preferred complaint before the GRF, Balasore which was registered as GRF Case No.221 of 2023 alleging disconnection of power supply in his premises and for revision of the electricity bills and the said GRF Case is still pending for disposal. It is further seen that in the said GRF Case, the Ops have appeared and filed written statement. The complainant has not whispered a single word in his complaint nor at the time of hearing that he had approached the learned GRF for redressal of his grievance. When the matter stood thus, the complainant is at liberty to ventilate all his grievances before the learned GRF and in this backdrop, this Commission has no jurisdiction to sit over the matter. That apart, any dispute regarding the bill amount, GRF is the competent authority to deal with the matter. Further, it is seen that the complainant has filed the present case on 19.9.2022 and filed complaint before the learned GRF in the year 2023 and the GRF Case is not yet disposed of. So, if any order is passed in the present case would definitely affect the learned GRF while disposing of the case pending before them which will lead to a miscarriage of justice. Therefore, the present case before this Commission is not maintainable. Consequently, the complaint is liable to be dismissed.
Hence, it is ordered -
O R D E R
The case of the complainant be and the same is dismissed on contest against the Ops. No order as to costs.
Pronounced in the open court of this Commission, this the 23rd day of September, 2024 under my signature & seal of the Commission.
