This complaint relates to non-supply of domestic electrical connection to the residence of the Complainant.
The case of the Complainant is that on 5th September,2014 he applied for electrical connection to O.P.No.3 over his plot No.559 under Khata No.51,Village: Mirhasanpur, PS:Dhamnagar, Bhadrak along with required documents and treasury challan . The recorded tenant in the R.O.R. is his father late Ganesh Samal. After death of his father the Complainant is in peaceful possession of the land in question. The O.P.No.3 assured the Complainant to provide connection within 10/15 days. After expiry of 15 days the Complainant approached O.P.No.3 more than 5 times for connection but in vain. So finding no other way out, the Complainant filed this case on 14.10.2014 with a prayer to direct the O.Ps to provide immediate connection and to pay compensation and litigation cost.
O.Ps filed their written version stating therein that the Complainant had submitted his application for a new electric connection. After obtaining the field enquiry report it was revealed that Sri Purna Chandra Samal, S/o: Late Ganesh Samal, Vill: Mirhasanpur wanted a new electric connection to a place where, there was another connection in the name of Gourahari Rout and a huge arrear electricity bill is pending against the said consumer. Moreover, the local villagers are demanding not to give a new connection in the name of Purna Chandra Samal. After obtaining the enquiry report, the S.D.O.,Dhamnagar proceeded to the spot to ascertain the actual fact. During his visit to the spot, the local people gave a written objection by mentioning the actual fact i.e. the relationship of Sri Purna Chandra Samal and Gayadhar Rout. As per the objection of the villagers, Gourhari Rout of Village: Rangaraj Pur is son-in-Law of late Ganesh Prasad Samal of Village Mirhasanpur. Except his daughter, there was no legal heir of late Ganesh Prasad Samal for which Gourhari Rout was dealing all the business of the house of father-in-law. So, electric connection was taken to the house of Late Ganesh Prasad Samal in the name of Gourhari Rout. The elder son of Gourhari Rout, namely Sri Purna Ch.Rout became the adopted son and came to his uncle’s house at Marhasan Pur. Sri Purna Chandra Rout continued to avail power supply in the name of Gourhari Rout without paying the electricity bill. In view of the above facts and circumstances, the Complainant is not entitled to get any compensation from the O.Ps as there is no deficiency in service by O.Ps. Hence, the O.Ps prayed for dismissal of complaint.
We have heard the Ld.Counsel for Complainant and the authorized representative of O.Ps. Perused the complaint petition, written version and documents filed by both sides. It is submitted by the Ld.Counsel for Complainant that the Complainant has applied electric connection to O.Ps with supporting documents but the O.Ps with malafide intention have failed to supply power supply to the premises of the Complainant . Mr.Dey appearing on behalf of O.Ps submitted that power supply cannot be given to the plot of the Complainant over which there is huge electricity dues outstanding against Gourahari Rout, the son-in-law of Ganesh Prasad Samal who was staying over the plot of Complainant. Except his daughter Tilotama Samal, there was no legal heir of late Ganesh Prasad Samal for which Gourhari Rout was dealing all the business of the house of father-in-law. So, electric connection was taken to the house of Late Ganesh Prasad Samal in the name of Gourhari Rout. The elder son of Gourhari Rout, namely Sri Purna Ch.Rout became the adopted son and came to his uncle’s house at Marhasan Pur and availed power supply in the name of Gourhari Rout without paying the electricity bill. On perusal of Legal heir certificate granted by Tahasildar,Bhandaripokhari in Misc.Certificate Case No. 1/2008, we found that Purna Ch.Samal, the present Complainant is the only son and legal heir of Ganesh Samal. Similarly, the land Pass Book, issued by Revenue Deptt., Govt. of Odisha goes to show that Purna Ch.Samal is the son of Ganesh Samal. So the plea of O.Ps that except one daughter of Ganesh Prasad Samal, he has no other son for which his son-in-law Gourahari Rout and his adopted son Purna Chandra Rout consumed electricity over the plot in question. As such, the burden of proof lies heavily on the O.Ps to substantiate their case by adducing documentary evidence that Ganesh Samal had no son for which Purna Ch.Rout consumed electricity and having huge outstanding electricity dues on the plot of Complainant. When the O.Ps have miserably failed to prove their case, non-supply of electric connection to the premises of Complainant after obtaining feasibility report even after deposit of required fees through Treasury Challan amounts to deficiency in service on the part of O.Ps.
In the result, the O.Ps are directed to provide electric connections to the plot NO.559 under Khata No.51 of Mouza Mirhasanpur within a period of one month of receipt of this order. Parties to bear their own cost.
