The record is posted today for order. Perused the complaint petition so also the written version filed by the Ops. We have already heard the matter.
2. It reveals from the complaint petition that the complainant is an educated unemployed youth and with a view to run a business of jewellery shop at his locality, he applied for electricity connection to his shop premises through “MO BUDYUT” portal on 03.10.2023 and deposited Rs.9,485/- for the charges through online. But till date, the Ops did not pay any heed to it and played a dilatory tactics in supplying the new electricity connection to his business premises.
3. Ops have made their appearance and filed a joint written version. The Ops have stated, inter alia, that they have not committed deficiency of service as because the complainant has applied for new connection under Remuna Electrical Section. The application has been hold due to arrear of Rs.1,00,722.99 paisa pending against the Consumer No.324221020363, which stands in the name of his grand- father Harimohan Behera. Therefore, as per Regulation 17(1) of OERC Distribution (Condition of Supply) Code, 2019, the complainant has not submitted the undertaking through affidavit to the effect that no outstanding dues is pending in his name or in the name of his spouse, parents or in the name of a firm or company with which he is associated or situated in the same DISCOM. Hence, the Ops have not acted upon on the application of the complainant.
4. Perused the documents filed by both the parties. It is seen that the complainant has filed a photocopy of plaint in Civil Suit No.953 of 2017 pending before the Court of Senior Civil Judge, Balasore for partition of the ancestral property. From the genealogy mentioned in Schedule- A of the plaint, it is found that Harimohan Behera died leaving behind his 10 successors i.e. five sons and five daughters. On the other hand, on perusal of the documents filed on behalf of the Ops, it is found that the deceased grand-father of the complainant namely Harimohan Behera was a consumer under the same DISCOM vide Consumer No.324221020363 and an amount of Rs.1,00,722.99 paisa is outstanding towards electricity charges against him till the month of November, 2019.
5. In the light of the above discussions, it is held that the complainant is the son of Saroj Kumar Behera, who is none other than a successor out of 10 successors of deceased Harimohan Behera. When it is seen that a sum of Rs.1,00,722.99 paisa is outstanding, the complainant being the successor of one of 10 legal heirs of deceased Harimohan Behera and his shop premises is situated within the same DISCOM, he is likely to deposit 1/10th of the total outstanding dues i.e. Rs.1,00,723/- divided by 10 is equal to Rs.10,072.30 paisa, rounded by Rs.10,073/- with the Ops as required under Chapter-1 of Sec.17(1) of OERC Distribution (Condition of Supply) Code, 2019.
Hence, it is ordered –
O R D E R
The case of the complainant be and the same is allowed on contest against the Ops. The complainant is directed to deposit a sum of Rs.10,073/- further in the office of the Ops towards the outstanding dues against his grand-father Harimohan Behera, accompanied by an affidavit to that effect. Further, the Ops are directed to receive the amount from the complainant and to supply new electricity connection to the shop premises of the complainant within five days from the date of deposit of the aforesaid amount and to supply NOC in favour of the father of the complainant namely Saroj Kumar Behera for future reference.
No order as to cost.
Pronounced in the open Court of this Commission on this day i.e. the 04th day of December, 2023.
