DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.D.CASE NO.493/ 2009

Sri Babaji Srichandan, aged about 58 years,

S/o Late  Dhadu Srichandan,   Plot No.2254 (hal),

Kalpana Area,  PO – Budheswari, PS- Laxmisagar,

Bhubaneswar, Dist – Khurda                                                                                                                                        ….     Complainant

                -Vrs.-

Junior Engineer, CESCO, Budhanagar,

Kalpana Area, Bhubaneswar.

                                                                             ….     Opp. Party

For the complainant      :         Mr.S.S. Senapati & Associates (Adv.)

For the O.P                    :         Mr. D.Mohanty & Associates  (Adv.)

DATE OF FILING         :         20/10/2009

DATE OF ORDER        :         15/11/2022

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 12 of the C.P.Act, 1986.

2.       The complainant’s case in brief is that, he is the owner of plot No.2254, Mouza – Laxmisagar, Bhubaneswar. He had a chicken counter on that plot.  In the year 2001, he handed over the chicken counter to one  Readuudin Khan  on lease basis. Power supply was given to the said chicken counter in the name of the   Readuudin Khan . In the year 2005 Readuudin Khan left the counter. The complainant requested the OP to transfer the power connection to his name. The OP did not comply to the said request. Hence this complaint.  

3.       On the other hand, the  OP  filed written version   contending therein that,  Readuudin Khan took the power connection with contract demand of 0.5 KW under GPS tariff in the cabin on execution of indemnity bond. The present complainant had no role to play when power connection was given to Readuudin Khan. Besides, the plot in question stands recorded in the name of GA Department, Govt. of Odisha. Under such circumstances, the complaint is not maintainable against the OP and as such, it is liable to be dismissed with cost.

4        Perused the materials on record. There is not a single scrap of paper to show that,  the present complainant had legal interest in the plot on which, the chicken counter was being run.  Apart from that, the power connection was given to Readuudin Khan under a special scheme. Had Readuudin Khan been the tenant of the complainant, then there is no scope to give power connection in the name of the tenant where the land lord exists. Therefore, the claim of the complainant appears to be un-warranted. As  such, the  complaint does not bear any merit.  Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on merit  against the OP    being devoid of merit.

The order is pronounced on this day the  15^th November,  2022  under the seal & signature of the President and Member (W)   of the Commission.

                                                                             (K.C.RATH)             

                                                                                       PRESIDENT

 Dictated & corrected by me

          President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno