Date of filing:- 14/03/2022.
Date of Order:-02/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 32 of 2023.
Sri Antaram Meher, aged about 42(forty two) years, Son of Late Ghanashyam Meher, Resident of village Barpali, Ward No. 06 (six) (Kulipada). Po. Barpali, Ps/Tahasil- Barpali, Dist. Bargarh(Odisha). ..... .... ..... Complainant.
-: V e r s u s :-
The S.D.O., Electrical, TPWODL, Barpali, At/Po. Barpali, Dist. Bargarh, Odisha, Pin-768029. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- In person.
For the Opposite Party:- Sri P.K.Acharya, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.02/04/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant's paternal uncle namely Ranjit Meher was availing Electrical Service from the Opposite Party bearing Consumer Account No. 5151-0106-0009. The said consumer availed electrical service till his death on dt. 12-06-2001 and after the death of his uncle the Complainant is availing services from the Opposite Party. After the death of his uncle namely Ranjit Meher the Complainant has intimated many time to the Opposite Party for transfer of the said Domestic Consumer Account in his name but no steps has taken to transfer of the Account in the name of the Complainant. As per the current bill dated 09-03-2023, the bill amount has been mentioned at Rs. 285/-(Rupees two hundred eighty five)only and the arrear has been mentioned as Rs. 1,11,673/-(Rupees one lakh eleven thousand six hundred seventy three)only. On dt. 13-03-2023, the Opposite Party came to the house of the Complainant and demanded the arrear bill but the Complainant is unaware of such pending huge amount, the Opposite Party has further threatened to disconnect the electricity without considering the consumer prospect. For the deficiency in service caused by the Opposite Party the Complainant filed the complaint before this Commission praying that the Opposite Party be directed not to demand the arrear amount of Rs. 1,11,673/-(Rupees one lakh eleven thousand six hundred seventy three)only and not to disconnect the domestic electrical connection from the house of the Complainant as he is paying for the same as consumer and to make necessary correction of the name of the Complainant for the said consumer line and Rs.50,000/-(Rupees fifty thousand)only towards mental agony and paid and Rs. 10,000/-(Rupees ten thousand)only towards litigation cost.
2) The case of the Opposite Party is that the Opposite Party has filed its version and submitted that Consumer bearing No. 5151-0106-0009 under domestic category with connected load of 2 KW recorded in the name of Ranjit Meher and the Complainant as a beneficiary is enjoying the service. The Opposite Party has further submitted that the Complainant neither intimated regarding the death of the recorded consumer, nor he was paying the electric bills regularly. As per the provisions of OERC Distribution (Conditions of Supply) Regulations 2019, for any disputes of supply/consumer's name change or application for new supply to any premises, the applicant has to clear all outstanding dues first and to apply in proper format with the receipt of last payment bill. The Complainant has neither paid the outstanding dues nor applied in proper format for transfer of the connection. The arrear till August 2023 is Rs.1,01,196/-(Rupees one lakh one thousand one hundred ninety six)only as per the actual meter reading of installed meter in the premises. The Opposite Party has never the threatened the Complainant and also never collected any electrical dues forcefully.
3) There is no deficiency in service on the part of the Opposite Party, the case to be dismissed against the Opposite Party.
Perused the documents filed by the Complainant and the Opposite Party.
4) It is an admitted fact that the Consumer No. 5151-0106-0009 is under the name of Ranjit Meher paternal uncle of the Complainant. The Complainant has submitted that on 06-02-2001 said Ranjit Meher died for which on dt. 06-02-2023 the SDO, Electrical, TPOWDL, Barpali was intimation regarding name of Consumer No. 5151-0106-0009 recorded in the name of deceased Ranjit Meher but the Complainant has simply filed an application there is no seal and signature of the Opposite Party whether the said application has been received by the Opposite Party. Mere filing an application without any receipt seal and signature can not be accepted. The Complainant had not filed death certificate of Ranjit Meher and documents showing relation between the Complainant and Ranjit Meher or any ROR has not filed by Complainant on said plot as such the Complainant has failed to prove his case as he is a consumer of the Opposite Party.
5) The Complainant has prayed for interim relief and accordingly the interim relief has been given on dt. 14-03-2023 for restoration of power supply and the Opposite Party has restored the power supply.
As per supra discussion, the Complainant is not entitled for relief claimed.
Accordingly it is ordered.
O R D E R
6) The Complaint is dismissed on contest against the Opposite Party. As the Consumer No. 5151-0106-0009 is in the name of Ranjit Meher and no document has been filed by the Complainant that he is paying the electric bill, accordingly the Complainant is not a consumer of the Opposite Party.
No cost and compensation to the Complainant.
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.02/04/2024 and the case is dismissed and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
