DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 18th day of May, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 44 of 2017
Pradeep Kumar Mohanty
S/o Late Bimbadhar Mohanty
Vill: Baralpokhari
Po: Charampa
Ps: Bhadrak (T)
Dist: Bhadrak
……………………. Complainant
(Versus)
The S.D.O Electrical (NESCO)
Bhadrak
…………………………..Opp. Parties
Advocate For the Complainant: Sri S. Barik & Others
Advocate For the OP: Sri H. K. Pati
Date of hearing: 17.10.2017
Date of order: 18.05.2018
SRI RAGHUNATH KAR, PRESIDENT
The complainant have filed the complaint alleging against the O.Ps for deficiency of service, that the complainant is the STHIBAN PRAJA of mauza Baralpokhari under District & Tahasil at Bhdarak belonging to MS Khata No- 90, Plot No- 3308 an area of A0.180 dec. is the ancestral property of the complainant nad the complainant for the sake of business constructing the jhati mati house has given on rent to the different tenant. Before the dt. of 25.03.2017 the neighbor of the aforesaid plot one Ram Gopal Agarwala was supplying electric line to the tenants of rented houses of the complainant and has given money receipt for electric charges in favour of the tenant of the complainant Sri Dhrub Charan Das. There was civil dispute Vide RP No- 781/2015 was proceeding in between the complainant and Ram Gopla Agarwala did not supply the electric line to the tenants of the complainant. Having no alternative the complainant on 23.03.2017 has submitted application form to the OP for new electric connection, but the OP refused to receive by hand and on 25.03.2017, the complainant applied for electric connection through online. So also praying the fee has acquired receipt and ready and willing to abide by all the terms and condition for new electric connection, but since 25.03.2017 to till now the OP without any just and probable cause has been avoided to make efforts for electric connection to the premises of the complainant. Instead of that the OP in a improper motive and malafide intention being against over by aforesaid Ram Gopal Agarwala has raised false allegation against the tenants of the complainant and turn deaf hear for new electric connection. Due to lack of electricity the tenants of the complainant are suffering physically and mentally a lot. Such type of avoidance and delay to give new electric connection to the complainant amounts to official delinquency and deficiency in service. The cause of action for the dispute arose on 23.03.2017 when the OP refused to receive the application form for new electric connection by hand and on 25.03.2017.
Hence the complainants have sought for the reliefs as follows:-
i. The OP may be directed to supply electric connection to the aforesaid premises of the complainant.
ii. The OP may be directed to pay Rs 20,000/- towards physical and mental agony.
iii. Others reliefs may be granted to the complainant what he is entitled to deemed by the Hon’ble Forum.
The documents filed by the complainant (Xerox copies):-
i. Original application for new electric connection along with affidavit on dt. 23.03.2017- 1 sheet.
ii. MS R.O.R Khata No- 90 of mauza Baralpokhari- 1 sheet.
iii. Rent receipt bearing No- 1772385 on dt. 07.04.2016- 1 sheet.
iv. Rent receipt No- 615 on dt. 16.03.2016 and No- 635 on dt. 06.06.2016- (Electric rent receipt)- 1 sheet.
v. Adhar card of the complainant.
On the other hand the OP has submitted his written version denying all the allegation raised against him by the complainant. He has also challenged that the CD Case is not maintainable, the complainant is not a consumer according to the CP Act, the complainant has suppressed the truth and has not come to this Forum with clean hands. The complaint is barred by non-joinder of necessary parties and proper parties for which the same shall be dismissed. The complainant has no cause of action as well as no deficiency of service has been caused against him. The OP has also denied parawise of the complaint.
It is a matter of fact that on 30.05.2017 it was detected by NESCO UTILITY vigilance team that on Sri Dhrub Charan Das was using power supply unauthorizedly by booking from nearby L.T Line on the premises mentioned in the petition. In that regard, an F.I.R has already been lodged and a case has already been registered U/s 135 of Electricity Act by special energy police station Vide case No- 5/2017. It is humbly that till now application for new service connection has been submitted by Sri Pradeep Kumar Mohanty to the office of OP and no information available regarding online application as stated by the complainant. So, the question or any malafide intention regarding new service connection does not arise at all. So, the question does not arise regarding delinquency or deficiency in service as well as mental and physical agony to the complainant. The OP has also admitted that if at all any application may receive by the department from complainant, the OP may provide power supply to him after observing all the departmental formalities as per O.E.R.C guide lines.
No document has been filed on behalf of the OP.
OBSERVATION
We have already perused the complaint as well as the documents filed by the complainant, so also we have perused the written version filed by the OP. After the observation we have found that the R.O.R has been filed by the complainant has been prepared in favour of Antrayami Mohanty & others neither the name of the complainant nor his father name Late Bimbadhar Mohany have been said R.O.R. One Ram Gopal Agrawala who was the neighbor of the aforesaid plot was supplying electricity power to the jhati mati house of the complainant which were rented out to the tenant of the complainant namely Dhurb Charan Das previously. Said Ram Gopal Agarwala could not supply the electric power to the complainant due to civil dispute bearing RP No- 781/2015 was under subjudies. The complainant has stated that he has filed application for restoration of electric supply but the original application is found original application for new service connection is found on the case record. There are two electric rent receipts have been found on the case record in the name of Dhrub Charan Das. The complainant could not prove that the R.O.R which has been filed on behalf of him has been recorded on the name of his father. The complainant has also failed to prove that the Dhrub Charan Das is his tenant. The complainant has also filed some documents which prove that he has already applied for power connection on 23.03.2017. On the other hand the OP filed no relevant document in favour him. He has also failed to prove that the complainants claim is not maintainable, no deficiency of service is there, the complainant is not coming under the definition of consumer under CP Act. The OP has also failed to prove that the complainant has suppressed the material facts as well as “Dhrub Charan Das was using power supply on unauthorizedly by booking from nearby L.T Line on the premises mentioned in the petition. In that regard, an F.I.R has already been lodged and a case has already been registered U/s 135 of Electricity Act by special energy police station Vide case No- 5/2017”. In paragraph number 10 of the written version the OP has conceded that “if at all any application may receive by the department from complainant, the OP may provide power supply to him after observing all the departmental formalities as per O.E.R.C guide lines.” It is further found that the complaint has been suffered from non-joinder of necessary parties. Both the parties have come to this Forum without clean handed. Hence it is ordered;
ORDER
The complaint be and the same is allowed on part. The complainant is hereby directed to submit his fresh application before the concerned authority under the authorization of the OP for providing power supply, then the OP hereby directed to provide power supply to the complainant after observing all the departmental formalities as per O.E.R.C guide lines.
This order is pronounced in the open Forum on this day of 18th May, 2018 under my hand and seal of the Forum.
