Orissa

Jharsuguda

CC/27/2014

Rejendra Prasad Bondia, S/O- Late Nagarmal Bondia, - Complainant(s)

Versus

WESCO, ODISHA through M.D, Burla, Sambalpur & Ors. - Opp.Party(s)

R.K.Sharma

23 Jul 2015

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

 

CONSUMER  COMPLAINT  CASE NO. 27 OF 2014

 

Rajendra Prasad Bondia,(53 yrs),

Proprietor of M/S. Om Shanti Roller Floor Mills,

S/O: Late Nagarmal Bondia, Occ- Business,

R/O: Marwaripada,

PO/PS/ Dist- Jharsuguda, Odisha………..………………………………. Complainant.

     

                                           Versus 

 

1. WESCO of Odisha Ltd.,

Represented through its Managing Director,

Burla, AT/PO/PS- Burla,

Dist- Sambalpur, Odisha.

 

2. The General Manager (Commercial),

WESCO, Burla,

AT/PO/PS- Burla,

Dist- Sambalpur, Odisha.

 

3. Executive Engineer, WESCO,

Jharsuguda Electrical Division,

Near Bharat Petrol Pump, Beheramal,

PS/Dist- Jharsuguda (Odisha)................................................... Opp. Parties.

 

 

Counsel for the Parties:-

 

For the Complainant                                  Shri R.K. Sharma, Adv. & Associates.

For the Opp. Parties                                    Shri B. B. Barai, Adv. & Associates.

 

Date of Order: 24.07.2015

 

Present

 

                                              1. Shri S.L Behera, President.

                                              2. Shri S.K. Ojha, Sr. Member.

                                             

 

Shri S. K. Ojha, Sr. Member :-  The brief facts of the complaint case is that, the complainant had purchased one firm name and style as  ‘Om Shanti Roller and Floor Mills’  from one Sri Jay Bhagwan Agrawal, which was previously in the name and style as ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd.’ The said ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd.’ declared bankrupt and after being attached by State Bank of India, Commercial Branch, Sambalpur, the complainant was advised to pay the lease amount which the complainant paid all the dues of bank and became absolute owner since the year 2007, running the said firm under name and style as ‘Om Shanti Roller and Floor Mill’ but the electricity connection still continued in previous name of the firm. The electricity connection had some disputes of pending dues of the year 2002 to 2004 for which the O.Ps raised penal demand of the Rs. 3,30,114/- only for the year 2004 and Rs. 5,10,930/- only for the year 2002 in the name of previous name of the firm. The O.Ps retained the security deposit of the previous firm also. The complainant was paying the Elect. Bills regularly since the year of purchase.  The O.P.No.3 issued a letter of dues amounting Rs.24,88,384/-only to the complainant in the name of ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd’ on dtd.30.04.2014 which was received by the complainant on dtd.07.05.2014. The said dues amount was to be paid with in fifteen days from the date of receipt of the letter by the complainant but surprisingly the O.Ps disconnected the Elect. connection on dtd.17.05.2014 without any prior  intimation. The stipulated period was dtd.22.05.2014 for payment of dues. The complainant has also applied for new connection of Electricity on dtd.05.05.2014 but the O.Ps in spite of receiving the application, disconnected the electric connection of complainant. The complainant   approached several times that he is not liable for any old pending against the previous firm but the O.Ps did not take any heed, as a result without having any electric connection the raw materials having stocks of Rs.75,00,000/- only in the stock, the materials of about Rs.15,00,000/- only is under the process of machine and the complainant is suffering  financial loss of @ Rs.25,000/- only per day. The complainant finding no other way knocked the door of this Hon’ble Forum for adjudication with filing of a Misc. Case petition for restoration of electricity connection in his favour.

 

This Hon’ble Forum after being fully verified the record of the complainant and felt justified  in the eye of law, seems to be just and proper of the case as per the facts and circumstances and  provided relief  being pleased to pass an Interim Order infavour of complainant directing the O.Ps to reconnect the electric connection within 24 Hour on receipt of current bill amount for the month of ‘APR’-2014. Being aggrieved of the said order the O.Ps preferred the revision before the Hon’ble State CDR Commission, Cuttack for stay. The complainant finding no other way  and so as to minimize  his financial loss, has deposited the total pending amount which was in the name of previous firm of Rs.25,03,681/- only through RTGS  on dtd.27.05.2014.

 

 

On service of notices, the O.Ps appeared and filed Written Version jointly through their counsel admitting the facts of electricity connection and submitted that there was a case pending before the Hon’ble Supreme Court of India bearing Civil Appeal No.4023 of 2014 which after being decided and disposed of, a disconnection notice U/S.56 of the Electricity Act, 2003 was issued on dtd.30.04.2014 to M/S. ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd’ to make payment of the arrear dues failing which supply shall be disconnected. The said disconnection notice was received on dtd. 01.05.2014 by the unit. After expiry of the 15 days period from the date of receipt, the power supply was disconnection on dtd. 17.05.2014 for nonpayment of the arrear energy charges. The O.Ps denied all the allegations of the complainant except admitting that, the complainant was paying the electricity bills since the date of purchase the firm and prayed for dismissal the case.

 

Heard the matter in length from both the parties, gone through the case and materials available on record. As per the materials of complainant it is found that the complainant was paying the electricity bills regularly since the date of purchase of the said firm running in the name and style as ‘Om Shanti Roller and Floor Mills’ to the O.Ps but the electric connection is still in the name of previous firm i.e., ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd’. There was a disputes of pending dues in the name of previous firm i.e., ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd’, regarding which after being decided by the  Hon’ble Supreme Court of India  the O.Ps disconnected the Elect. Connection on dtd.17.05.2014 by serving letter, but the stipulated period as per mentioned in said the letter bearing No.412(3) dtd.30.04.2014 was dtd.22.05.2014. 

 

       

The complainant filed a copy of citation related to his case between Ajay Ku Agrawal Vrs. OSFC and Ors.O.J.C.No.15332 of 2001 dtd.23.11.2006 reported in AIR 2007 Orissa-37  wherein Hon’ble Apex Court held that, “Arrears of consumption charges by previous owner - is not charged on immoveable property- cannot be recovered from subsequent purchaser of property as condition precedent to supply electricity- distribution company has remedy by way of initiating proceedings against the previous consumers under the Orissa Public Demand Recovery Act, 1962 for realization of the licensee’s dues.”

 

The matter of disputes are on deficiency in service on the part of O.Ps as the O.Ps have disconnected the electricity connection within the pre-matured time frame and the dispute of pending dues of Rs.24,88,384/- only which is in the name of previous firm i.e. ‘Baba Baijanath Roller and Floor Mill Pvt. Ltd’. The value of the case exceeds the limit of pecuniary jurisdiction of this Hon’ble forum as per the provision U/S 11(1) of the Consumer Protection Act, 1986.

 

As the value of the case including compensation is beyond the pecuniary jurisdiction of this Hon’ble Forum, the complaint case should be filed before the consumer fora having proper pecuniary jurisdiction.  Hence, the complaint case is hereby dismissed with no costs. The limitation period may be exempted while calculating the same for the period which spent before this Hon’ble Forum.

 

            Accordingly the case is disposed of.

                       

Order pronounced in the open court today on this the 24^th day of July’ 2015, copy of this order shall be communicated to the parties as per rule.

 

 

                                                                     I Agree, 

  S.L.Behra (President)                S. K. Ojha, Sr. Member

Dictated and corrected by me,

 

S. K. Ojha, Sr. Member.