The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the M.D, NESCO, Balasore, O.P No.2 is the Sub-Divisional Officer, Electrical Sub-Division, R.E-1, Balia, O.P No.3 is the Executive Engineer (Elect.), CED, Balasore, O.P No.4 is the Dy. Electrical Inspector (T & D), Balasore and O.P No.5 is the J.M (E), Remuna. 

                    2. The case of the Complainant in brief is that the Complainant is a bonafide Consumer under the O.Ps. The Complainant on 02.11.2012 approached the O.Ps for new domestic connection and submitted all relevant documents to the O.Ps and the O.Ps appointed an electrical contractor. The said contractor visited the spot and estimated the same and also reported to the O.Ps as per their directions. Thereafter, as per direction of the O.Ps, the Complainant paid Rs.3,178/- (Rupees Three thousand one hundred seventy eight) only to Shree Concrete Udyog on 25.01.2013 towards cost of the poles and also the Complainant paid the cost of other electrical goods for Rs.3,512/- (Rupees Three thousand five hundred twelve) only to Binori Electricals on 05.02.2013. It is pertinent to mention here that as per direction of the O.Ps vide letter dtd.20.03.2014, the O.P No.2 directed the Complainant to deposit 6% supervision charges of Rs.10,744/- (Rupees Ten thousand seven hundred forty four) only amounting to Rs.608/- (Rupees Six hundred eight) only and the Complainant deposited the same on 20.03.2014 for power supply for 2 K.W in domestic tariff. After completion of contractor work, the Officials of O.Ps enquired and submitted inspection report before the O.Ps on 12.05.2014, which is satisfactory. In spite of that, the Complainant approached the O.Ps several times for connection of power supply, but they did not pay any heed to it, which amounts to deficiency of service on the part of the O.Ps and causing mental agony and financial loss to the Complainant. The Complainant has prayed for connection of power supply along with compensation for mental agony and litigation cost. Neither the Complainant nor his Advocate was present at the time of hearing of this case.

                    3. Though sufficient opportunities were given to O.Ps No.1 and 4 for appearance, but they have not appeared in this case. The O.Ps No.1 and 4 are set ex-parte.

                    4. Though O.Ps No.2, 3 and 5 appeared through his Advocate, but they have filed their written version beyond the statutory period, for which it was not accepted.

                    5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor his Advocate was present at the time of hearing of this case. So, his pleading remains as it is. In his pleading, he has taken the plea that when he approached the O.Ps on 02.11.2012 for new domestic connection after submission of all relevant documents to the O.Ps, the O.Ps have appointed an electrical contractor, who had visited the spot and had also given the estimation report to the O.Ps. Thereafter, as per direction of the O.Ps, the Complainant paid Rs.3,178/- (Rupees Three thousand one hundred seventy eight) only to Shree Concrete Udyog on 25.01.2013 towards cost of the poles and also paid Rs.3,512/- (Rupees Three thousand five hundred twelve) only to Binori Electricals on 05.02.2013 for the cost of other electrical goods. Accordingly, the O.P No.2 directed the Complainant to deposit 6% supervision charges of Rs.10,744/- (Rupees Ten thousand seven hundred forty four) only amounting to Rs.608/- (Rupees Six hundred eight) only and the Complainant deposited the same on 20.03.2014 for power supply for 2 K.W in domestic tariff. Thereafter, depositing the supervision charges, the Complainant approached the O.Ps several times for connection of power supply, but they did not pay any heed to it, which amounts to deficiency of service on the part of the O.Ps, for which the Complainant has filed this case praying for connection of power supply along with compensation and litigation cost. On the other hand, the O.Ps No.1 and 4 are set ex-parte as mentioned earlier and the written version filed by the O.Ps No.2, 3 and 5 was not accepted as mentioned earlier. However, it has been argued on behalf of the O.Ps No.2, 3 and 5 that the Complainant is not a Consumer under the O.Ps as per Section-2 (15) of the Electricity Act-2003 and he has not made any application in the prescribed format before the O.Ps to take power supply under clause-3 of O.E.R.C Regulation-2004. The Complainant has neither deposited the processing fee i.e. Rs.25/- (Rupees Twenty five) only for domestic connection as per said regulation nor executed any agreement with the O.Ps for taking power supply as per the clause-15 of the regulation. The Complainant has not deposited any amount before the O.Ps towards taking power supply and also he has not submitted the completion certificate of L.T line from the Competent Authority i.e. the Electrical Inspector, Balasore. As the Complainant is not a Consumer, he has no right to file this case in this Forum and he is a dishonest person, who was availing power supply by hooking process, for which a criminal case has been instituted by Energy Police Station, Balasore U/s.135 of I.E Act and the same case is now under trial in the Court of Special Judge-cum-Addl. District Judge No.1, Balasore. Further, it has been argued that they agreed for electric connection to the premises of the Complainant after observing necessary formalities.  

                    6. So, now on careful consideration of all the materials available in the case record, I am in the opinion that the Complainant has applied for power supply and documentary evidence is supported herewith. Document of the O.Ps filed by the Complainant though not marked as annexure discloses about receipt of Rs.608/- (Rupees Six hundred eight) only from the Complainant by the O.Ps. During argument, the Advocate for O.Ps denied about applying of the Complainant for power supply, but has not filed written version within the statutory period in support of it. The O.Ps are jointly and severally liable to give power supply to the Complainant after receiving of necessary fees and observing other formalities if any and to pay compensation and litigation cost as it comes within the deficiency of service on the part of the O.Ps. In my opinion, a sum of Rs.5,000/- (Rupees Five thousand) only towards compensation and a sum of Rs.2,000/- (Rupees Two thousand) only towards litigation cost are to be paid by the O.Ps to the Complainant within 60 days of receipt of this order, which will meet the ends of justice in this peculiar circumstances of the case. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is allowed on ex-parte against the O.Ps No.1 & 4 and on contest against the O.Ps No.2, 3 & 5 with cost. The O.Ps are jointly and severally directed to give power supply to the Complainant after receiving of necessary fees and observing other formalities if any and to pay compensation of Rs.5,000/- (Rupees Five thousand) only along with litigation cost of Rs.2,000/- (Rupees Two thousand) only to the Complainant within 60 days of receipt of this order, which will meet the ends of justice in this peculiar circumstances of the case. The Complainant is also at liberty to realize the same from the O.Ps as per Law in case of failure by the O.Ps to comply the Order.

                         Pronounced in the open Forum on this day i.e. the 14th day of February, 2019 given under my Signature & Seal of the Forum.