Orissa

Ganjam

CC/52/2024

Sri Dibakar Gouda - Complainant(s)

Versus

The Junior Engineer (JE) TPSODL - Opp.Party(s)

For the complainant: Sri Kiran Kumar Mandal, Advocate & Associates.

09 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, GANJAM, BERHAMPUR.
 
Complaint Case No. CC/52/2024
( Date of Filing : 03 May 2024 )
 
1. Sri Dibakar Gouda
S/o Late Pancha Gouda, By Profession Govt. Employee, Residing at Vill/PO: Palasi, Ps: Hinjili, Ganjam, Odisha 761 001.
...........Complainant(s)
Versus
1. The Junior Engineer (JE) TPSODL
Sub Division Hinjilicut, ESO Kanchuru, Ganjam.
2. The Executive Engieer (Elec.) TPSODL
Enforcement Cell, Berhampur Electrical Circle, Ganjam.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Satish Kumar Panigrahi PRESIDENT
 HON'BLE MRS. Saritri Pattanaik MEMBER
 
PRESENT:For the complainant: Sri Kiran Kumar Mandal, Advocate & Associates. , Advocate for the Complainant 1
 
Dated : 09 May 2024
Final Order / Judgement

 

                                                DATE OF DISPOSAL: 09.05.2024.

 

 

SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

 

            This case is put up today for passing of order.  The complainant is absent. The Commission perused the case record and it is revealed that, the complainant has filed this case to regularizes the meter and supply/provide electricity bill of consumer No.215102570030 to quash the electricity charges of Rs.40,823/- charged by the O.P. payment of Rs.50,000/- for compensation and Rs.20,000/- for costs of litigation.

            It is apparent from the case record that, the complainant has submitted a letter No. 228 dated 13.12.2023 of O.P.No.2 which is discloses that, the O.P.No.2 has already passed final assessment order Under Section 126 of the Electricity Act, 2003 for Rs.40,823/- for penalty imposed on Consumer No. 215102570030 for indulging in theft of electricity and it is admitted by the complainant in his complaint also.

            In view of the Final Assessment order U/S 126 of the Electricity Act, 2003 by the O.P.No.2 is an order equal to order of a Quasi-judicial Authority. Hence this Consumer Commission has no jurisdiction to admit the consumer complaint under Consumer Perfection Act. In view of ratio-decidendi in U.P. Power Corporation Ltd. Versus Anis Ahmad, AIR  2013 Supreme Court of India 2766, the complaint of the complainant sans merit and cannot be admitted. Hence the complaint is rejected.

 

 

 

 
 
[HON'BLE MR. Satish Kumar Panigrahi]
PRESIDENT
 
 
[HON'BLE MRS. Saritri Pattanaik]
MEMBER
 

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