OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KENDRAPARA, ODISHA Complaint Case No. CC/52/2017 1. Niranjan Sethy S/o- Late Ballav Sethy At/Po- Jaragaon Via- Mahakalpada Ps- Marshaghai Kendrapara Odisha ...........Complainant(s) Versus 1. Executive Engineer(Elect.) Kendrapra Division -II At/Po- Marshaghai Kendrapara Odisha 2. S.D.O., CESU,Sub-Division At/Po- Mahakalpada Kendrapara Odisha 3. Assistant Financial Manager, Enzen Global Solution Pvt. Ltd. At/Po-Marshaghai Kendrapara Odisha 4. Junior Manager, CESU Luna Section At/Po- Marshaghai Kendrapara Odisha 5. Junior Manager, Enzen Global Solution Pvt. Ltd. At/Po- Marshaghai At/Po- Luna Kendrapara Odisha 6. Sanjay Swain S/o- Late Muralidhar Swain At/Po- Marshaghai Via- Mahakalpada Ps-Marshaghai Kendrapara Odisha ............Opp.Party(s) BEFORE: HON'BLE MR. Sri B.K. Das PRESIDENT HON'BLE MR. sri Nayananda Das MEMBER HON'BLE MRS. Rajashree Agarwalla MEMBER For the Complainant: Sri Debdas Mohanty, Advocate For the Opp. Party: Sri P.K.Samal & Associates, Advocate Sri N.Samantaray, Advocate Dated : 12 Jan 2018 Final Order / Judgement SRI BIJOY KUMAR DAS,PRESIDENT:- Deficiency in service in respect of not providing new electric connection are the allegations arrayed against Ops. 2. Complaint in a nutshell reveals that, complainant in order to avail a new electric connection to his residential plot located over Plot No.252, Khata No.606/188, Mouza Teragaon applied before the Junior Manager,Enzen Global Solutions Pvt. Ltd.(OP No.5). It is revealed from the complaint petition that, on the instruction of Ops, complainant deposited the estimated cost in shape of cash for erection of new poles and stretch of wires as the same was required for commissioning of new electricity connection upto the residence of the complainant from transformer(16KV), which was installed in a ?Gochhar? land at Panchamania Danda of Mouza-Teragon. It is also revealed that from the said transformer one connection is given to Sanjay Kumar Swain(OP No.6) and another connection is given to one Bimal Das. It is further revealed from the complaint petition that inspite of erection of new electric pole and stretching of wires, and on written complaint Ops did not provide the new connection on the plea that OP No.6, is not allowing any new connection from the said transformer, as the same has been installed for OP No.6?s personal use. It is further alleged that, as per Annexure-4 and Annexure-5, the Estimate copy and money receipts reflects that the LT Extension works meant to provide electricity to the complainant and complainant accordingly deposited an amount of Rs.2222/- and Rs.393/- for the purpose and same is accepted by the OP-Electricity authority and denying the power supply from the said transformer to the complainant is deficiency in service on the part of Ops. The cause of action of the instant case arose on dtd.28.06.17 and on dtd.29.06.17, when the OP-Electricity authority, denied to comply the grievance of the complainant and also threatened to disconnect the existing charged line to complainant?s residence. The complaint is filed with prayer for seeking direction of this Forum to Ops, to provide a electric connection from the existing charged electric line under a domestic category and also needs a direction not to disconnect the existing charged line and further direction to OP No.6, not to create any hindrances and cost of the proceeding may be awarded in favour of the complainant alongwith the equitable relief deemed fit and proper to the Hon?ble Forum. 3. Being noticed OP No.1 to 5, Electricity Authority appeared into the dispute through their Learned Counsel Mr. P.K.Samal and Associates, filed joint written statement. OP-Electricity authority in their parawise reply averred that complainant had applied for a new service connection on dtd.06.04.17 under domestic category of consumer with contact Demand of 1 KW and on dtd.12.04.17 the estimate was supplied to the complainant to carry out the extension work. It is also averred that the present dispute arises due to personal enmity between complainant and OP No.6 and on issuance of a faulty letter of permission by CESU, authorities on dtd.23.07.2015 for construction and installation of the 16 KVA Transformer in favour of OP No.6. As the permission was accorded for others, Ops provided a new service connection to the Bimal Dash from the said transformer and the OP No.6 has not raised any objection in connection to new service connection of Bimal Das. It is further averred in the parawise reply that, the new service connection could not be provided to the complainant, from the said sub-station, unless the said transformer is handed over to CESU to fulfill the grievance of the complainant. It is also stated that OP-electricity authority, has discussed to resolve the dispute with complainant by providing new service connection from another existing transformer, but can not forced the OP No.6, to provide new service connection or to shift the alleged the sub-station installed by OP No.6. The allegation of the complainant cannot be treated as deficiency in service and U/S-42 of I.E.Act,2003. The complainant has illegally knocking the door of this Forum for redressal of grievance. Accordingly, the complaint is to be dismissed and penalized U/S-26 of C.P.Act,1986. Though, Sanjay Kumar Swain(OP No.6) appeared into the dispute through his Learned Counsel, but did not prefer to file any written statement into the dispute and the proceeding was taken up for hearing U/S-13(2)(b)(ii) of C.P.Act, 1986. 4. Heard the Learned Counsel for OP No.1 to 5 and case of the complainant on merit and gone through the Annexures filed by complainant and affidavit of Bimal Das. The admitted facts of the case are that complainant to avail a new service connection applied before OP-Electricity Authority and as per the instruction of OP-Electricity Authority deposited the estimated cost for extension of charging wires from the 16KVA transformer located at Teragaon. It is also admitted that after deposit of estimated cost, the new service connection is denied by the OP-Electricity authority on the objection raised by OP No.6. It is further admitted that, one Bimal Dash of the same village has availed a new service connection from the disputed transformer without any objection from the Ops. The allegation of the complainant that though he has deposited the estimated cost, and electric line has been charged, but under the influence of OP No.6, Sanjaya Kumar Swain, the OP-Electricity Authority are not providing new service connection. On the otherhand, it is the plea of the OP-Electricity Authorities that due to personal enmity between complainant and OP No.6 and as the said sub-station is not handed over to CESU, new service connection to complainant?s residence is not possible from the sub-station/transformer in question. The documents(Annexure 4/5) filed by complainant reflects that after completion/preparation of the estimate for charging of line to the residence of the complainant, the amounts are deposited by the complainant/consumer vide Money receipt No.590021 and 881635 dtd.22.05.2017 granted by OP-electricity authorities for supervision charge etc.. Hence, Complainant is a consumer under Op-Service Provider. Further, Op-electricity authority made a mistake by instructing the Complainant to deposit the estimate cost and other charges, when they were aware about status of the Sub-Station/Transformer installed at village- Teragaon at the cost of the Op No.6. During pendency of the present proceeding OP-electricity authorities filed a petition alongwith an affidavit of OP No.6, Sanjay Kumar Swain. The copy of the petition duly received by the parties without any objection. The petition reveals that, OP No.6,Sanjaaya Kumar Swain has handed over the 16KVA 11/0.23 KV Sub-Station to CESU installed at Village Teragaon bearing Transformer No.Trans/No.644 and OP-electricity are ready to effect power supply to the complainant, subject to fulfillment of required procedure as per the provisions of O.E.R.C.Rules. Considering the said petition and the grievance of the complainant, we are of the unanimous view that, when the petition is received by the parties without any objection and the petition is supported by an attested photo copy of the affidavit, the grievance of the complainant is complied as per the statement of the OP-electricity authority in connection to handing over of the sub-station/ Transformer by the Op-6 to Op-electricity authority and the Op-electricity authorities are free to provide new service connection to Complainant from the Sub-Station/Transformer in question through the existing charged line. No further elaboration is required in the proceeding, when the grievances are settled in a good spirit and as per the law. As the OPs have come forward with a positive mind set to resolve the dispute and to assist the complainant. We cannot liable the Ops any compensation and cost as prayed by the Complainant. The I.A. Case No.32/17, which arises out of the present C.C.Case is hereby disposed of as per our aforesaid observations. Having observations reflected above, it is directed that, OP No.1 to 5 will provide a new electric connection to the complainant-consumer from the transformer No.Trans/S/No. 644 located at village Teragaon, within one month of receipt of this order, subject to fulfillment of other official formalities as per the law by the complainant-consumer, and on compliance of our observations violation of the order will initiate proceeding as per the provisions of C.P.Act,1986. The complaint is allowed in part on contest, without any cost. Pronounced in the open Court, this 12th day of January,2018. I, agree. I, agree Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT [HON'BLE MR. Sri B.K. Das] PRESIDENT [HON'BLE MR. sri Nayananda Das] MEMBER [HON'BLE MRS. Rajashree Agarwalla] MEMBER