Orissa

Cuttak

CC/80/2018

Sudarsan Nayak - Complainant(s)

Versus

The Executive Engineer,CESU - Opp.Party(s)

U N Sahoo

28 Aug 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

 

C.C No.80/2018

 

Sudarsan Nayak

At:Andarpur,Pruysty Bagicha,

POL:Naya Bazar,P.S:Madhupatna,

Dist:Cuttack.                                                                                     … Complainant.

 

                Vrs.

 

            The Executive Engineer (Elec.),

CESU,

CDD-II,Badambadi,CESU,Cuttack.                                                  … Opp. Party.

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   24.07.2018

Date of Order: 28.08.2019

 

For the complainant        :    Mr. U.N.Sahoo,Adv. & Associates.

For the  Opp.Party           :    Mr. Harekrusnha Majhi,(S.D.O),CESU,Badambadi,Cuttack.

 

Sri Dhruba Charan Barik,President.

                Deficiency in service and unfair trade practice on the part of O.P. are the main grounds against which the complainant has filed this complaint seeking appropriate relief interms of his prayer in the complaint petition.

1. The facts of the complainant’s case stated in brief are that the complainant is a bonafide consumer bearing no.02319191 of electricity, supplied by the CESU, the O.P, since 2002 to his residential premises situated at Nayabazar,Cuttack.  He has been paying the electrical charges to the O.P regularly.  It is specifically stated that one Surendra Rana, the neighbor of the complainant made allegation before the Grievance Redressal Forum(G.R.F in short),Badambadi,Cuttack against passing of service connection of the complainant over his building to the residence of the complainant by the O.P.  It is contended that the O.P being gained over and pressurized by Sundra Rana compelled the complainant to shift the service connection from the existing pole to some other poles at his own cost.  The O.P has again issued a notice on 20.2.17 to the complainant for effecting power supply to his building from the new electric pole erected in front of the main gate of the complainant.

It is revealed from the complaint that there is a passage situated to the south of a land of Surendra Rana adjacent to the land of the complainant with right of passage in favour of the complainant to approach the private passage from the public road.It is stated that complainant’s house is adjacent to the western boundary of Surendra Rana and have no access to the public road except a joint road as stated above.Izmile passage provided to the southern side is the only passage connecting to the house of the complainant.

It is stated that power supply has been disconnected from the building of complainant and despite repeated approaches; the O.P has not restored power supply to the premises of the complainant for which he has been experiencing a lot of difficulties in doing his day to day work. The action of the O.P is tantamount to deficiency in service and unfair trade practice which has caused serious mental agony and harassment to him.

It is therefore prayed that the O.P may be directed to restore power supply to the complainant immediately from the southern side which is the izmile passage from the public road, to pay a sum of Rs.30,000/- per month as compensation since 2017 till power supply is restored and to pay Rs.1,00,000/- towards compensation for causing mental agony and harassment and Rs.10,000/- towards cost of litigation to the complainant in the interest of justice.

The complainant has filed sketch map of the spot which has been marked as Annexure-A and photo copy of the judgment passed in C.S Case No.43 of 2006 over the disputed land between the parties by the Court of the Civil Judge,Jr. Division,Cuttack which has been marked as Annexure-2. Annexure-3 is the decree passed in C.S No.43 of 2006.Annexure-4 is the photo copy of the order dt.27.1.17 passed in Case No.943 of 2016 by the G.R.F,Cuttack.Annexure-5 is the judgment dt.24.7.17 passed by the OMBUDSMAN,Odisha Electricity Regulatory Commission,.Bhubaneswar in consumer representation case No.82 of 17.

2. The O.P entered appearance and contested the case.  At the outset it is stated that the complaint is not maintainable and there is no cause of action to file the case.  Interalia it is stated that there was land dispute between the complainant and his neighbor.   Surendra Rana had filed a case bearing No.943 of 16 before the GRF,Badambadi,Cuttack with a prayer for shifting of service connection of the complainant from that pole to another pole as the service connection was passing over his building.  Then on 25.1.2007 the said authority after hearing the parties and keeping in view the regulations-34,46 & 56(3) of OERC Code,2004 passed the order to shift the service connection of the complainant within 15 days.  Annexure-A is the copy of judgment of the said Case No.943 of 2016.  Accordingly the O.P informed the complainant on 21.2.17 to cooperate in shifting of the service connection to a new pole erected in front of the main gate of the complainant.  Annexure-B is the photo copy of the notice sent to the complainant to this effect.  But the complainant did not oblige.  Admittedly there is a land dispute and civil suit bearing No.43 of 2006 before the Civil Judge,Jr. Division,Cuttack between them.  Annexure-C is the photo copy of the order passed in Case No.43 of 2006.

The present complainant thereafter filed a case bearing No.670 of 2017 before the G.R.F,Badambadi,Cuttack stating his grievances and it was rejected by the concerned authority vide order dt.17.5.17.The photo copy of the said order has been marked as Annexure-D by which the earlier order passed in Case No.493 of 16 by the G.R.F,Badambadi,Cuttack has been upheld.

In the meantime Surendra Rana filed a case before the OMBUDSMAN,O.E.R.C,Bhubaneswar vide Case No.72 of 2017.After hearing the parties, the said authority passed an order on 7.6.17 directing the parties to implement order of the G.R.F,Badambadi,Cuttack passed in Case No.943 of 2016 vide Annexure-A.Although different dates were assigned to the complainant to cooperate with the O.P for shifting of service connection, yet the complainant failed to cooperate each time and remained absent on the date fixed. Ultimately the said order could not be implemented.Annexure-F is the photo copy of the letter No.424dt.27.7.17 issued by the S.D.O,(Electrical),Cuttack to the complainant to remain present at the spot for shifting of the service connection.The said S.D.O has also issued another letter No.431 dt.31.7.17 directing the complainant to remain present at the spot for implementation of the order lest the service connection would be cut off.Annexure-G is the photo copy of the said letter to the complainant.Annexure-H is the copy of the order of the OMBUDSMAN passed in Case No.118 of 2017 to this effect.Ultimately the service connection of the complainant was disconnected on 16.8.17 as per the direction above.Annexure-J is the photo copy of the order dt.24.7.17 of the said authority in another Case No.82 of 17 filed by the complainant with the same prayer which has been dismissed.As per disconnection of the service line, the S.D.O(Elelctrical),Badambadi,Cuttack in his letter no.466 dt.22.8.17 had intimated the complainant requesting him to inform a date according to his inconvenience to restore power supply to his premises as per the order stated above from the new pole to his main entrance of the building.Photo copy of the said order has been filed and marked as
Annexure-K.

Lastly it is stated that O.P has not committed any deficiency in service or unfair trade practice but has simply discharged his duty pursuant to the direction of the authorities above.Therefore the case of the complainant being devoid of merit may be dismissed in limini.

3. We have heard the learned counsels from both the sides and gone through the annexures enclosed with the case.  The moot question that surfaces consideration in this case is the place where from the electric service connection can be extended to the premises of the complainant.  While the complainant has prayed that the service connection should be given from a pole erected on the public road situated to the southern side of his building, the O.P has categorically stated that it should be given from a new pole erected in front of the main gate of the complainant. Apparently no reason has been assigned by the complainant as to why he is making objection to such service connection extended from the new pole erected in front of the main gate of the complainant.  On the other hand it is found that there was land dispute between the complainant and his neighbor Surendra Rana and a civil suit bearing no.43 of 2006 was filed between them and finally disposed of.  That apart this point has been consistently raised before the Grievance Redressal Forum,Badambadi,Cuttack as well as the OMBUDSMAN,Odisha Electricity Regulatory Commission,Bhubaneswsar.  All the above authorities after hearing the parties in the dispute arrived at the same opinion that the order passed by the authority of G.R.F,Badambadi,Cuttack in Case No.943 of 2006 for shifting of the electric line be implemented forth with.

In view of the above, it is held that the O.P has to simply discharge the duties as per the direction of the higher authorities for shifting of service connection to the premises of the complainant from a newly erected pole in front of the main gate of the complainant.

In that view of the matter it cannot be held that there was deficiency in service on the part of the O.P in complying with the order of the higher authority especially when the complainant is reluctant and non-cooperative with the O.P in restoring the service connection from that pole.Hence ordered;

                                                                                ORDER

The case be and the same is dismissed on contest.

    Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 28^th day of August,2019  under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                      President.

                                                             

                                                                                                            (Smt. Sarmistha Nath)

                     Member(W)