ORDER

Sri A.K.Patra, President

1. This Complaint is filed by the complainant named above inter alia alleging deficiency in service & unfair trade practice on the part of Ops for non supply of electricity with respect to his online application No. TPW10589601 dt..09/11/2023 made in prescribed manner for new connection.
2. Complainant seeks for an order directing the Ops to provide new electric connection as per his online application No. TPW10589601 dt..09/11/2023 and, to  pay compensation of Rs.1,00,000/- towards mental agony & harassment suffered due to negligence ,deficient service & unfair trade practice there on the part of the Ops and, to pay Rs.90,000/- towards the cost of this  litigation.
3. The facts of the complaint in brief as emerged from the complainant petition & document placed on the record are that, the complainant has applied for new electric connections for his commercial building online vide application No. TPW10589601 dt.09/11/2023 and that,he has  already paid demand amount of Rs.6,243/- to the Ops authorities towards  process fee along with service Connection & inspection charges so also paid  the required security deposit & meter cost with GST. But electricity is not yet supplied to the complainant. On dt.12.11.2023, the Ops asked for internal wearing certificate accordingly, the complainant has submitted the same on 19.02.2024 and waited for electric connection but the Ops have neither preceded any work nor updated any status to the complainant.  On dt.24.02.2024 the complainant filed one complaint through the toll free number of the Op and it was registered as complaint vides No.240224000044.  Thereafter the Ops replied over phone and updated the status as unavailable of electric meter at their office for which unable to proceed with the new connection. Again the complainant visited the office of the Ops but could not get it update caused mental agony & physical harassment with financial loss. Hence, this complainant.
4. The complainant, to substantiate his claims, has filed the self attested true copy of following documents: - (i) Application Form # TPW10589601 for new connection of electricity dt.09/11/2023 made in prescribed Form –I as annexure –I, (II).Payment receipt #202311091919129 dt.09/11/2023  as  annexure –ii, (III) copy of his application status duly generated by the Ops authority vide annexure –III  of the complainant petition respectively. The averment of the complainant is supported by an affidavit of the complainant.
5.  Being notice, the Ops appeared through their learned counsel Sri  N.R.Mishra and filed their   written version denying the complainant allegations on all its material particulars. The Ops submit that, as per the official process intimated the facts to the complainant that, as the residence of the complainant is more than 30 meter distance from the pole so the applicant has to be paid extra charge @ Rs.5,000/- for every span of line extension and this fact has been communicated to the complainant but even after that, the complainant did not take any step to comply  and filed this complaint only to harassed the Ops.  There is no delay or harassment from the side of Ops rather, the complainant has not turn up to pay required amount for every span of line extension as such  no action was possible from the side of Ops for supply of electricity to the complainant. The Ops have never received any grievance from the complainant as it falsely alleged there in the complaint petition .No grievance of the complainant is pending unheard.  There is no cause of action to bring this case rather without any basis & with falsity the complainant approaches this Commission is not maintainable in the eye of law. There is no negligence on the part of the Ops rather, the Ops are the responsible official and they always took care of the consumers rather the complainant is not responding to pay necessary charges for supply of electricity. The complainant is not entitled for any relief in the form of compensation towards harassment or negligence as there is no deficiency in service or unfair trade practice towards the complainant. This complaint is not maintainable & liable to be dismissed with cost. .
6.      Heard. Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
7. Complainant has alleged negligence & deficient service there on the part of the Ops for new connection even after compliance of all formalities. The averment of the complainant petition are proved by the complainant filling additional affidavit as prescribed under C.P.Act 2019 remain un-rebutted. No evidence affidavit as prescribed under C.P.Act 2019 is filed by the Ops.
8. During hearing of this case the Learned counsel for the Ops submits that, this complaint is not maintainable before this Hon’ble Commission because of the fact that, prior to coming to this Commission, seeking direction for new connection & award of compensation, the complainant could have availed the remedy provided under the statue i.e. section 42(5) of electricity Act 2003 by approaching the Grievance Redressal Forum available under TPWODL.  The complainant preferred to approach this Commission straight away is an abuse of the process of law. As such complainant is to be dismissed with cost.
9. It shall be proper to quote here the provision of Processing of the Application as contended there under Section 21(i) of the OERCD( condition of supply) Code 2019  which is read  follows:- .”For all application form pertaining to release of supply to new connections, the license/supplier shall verify the application form along with enclosed documents and if found deficient, shall issue a written note to the applicant either on the or with 3 days from the date of receipt of application regarding shortcomings in the application form if any” .Nothing materials placed on record to hold that, the Ops have complied those formalities.
10. The Ops has failed to proved their contention that, as per the official process they have ever intimated the facts to the complainant that, as the residence of the complainant is more than 30 meter distance from the pole so the applicant has to be paid extra charge @ Rs.5,000/- for every span of line extension and this fact has been communicated to the complainant. Rather, the complainant has proved on affidavit that, On dt.24.02.2024 he filed one complaint through the toll free number of the Op and it was registered as complaint vides No.240224000044.  Thereafter the Ops replied over phone and updated the status as unavailable of electric meter at their office as such unable to proceed with the new connection remain un -rebutted.
11. It is proved from the undisputed Payment receipt #202311091919129 dt.09/11/2023 vide   annexure –ii of the complainant petition that, the Ops have already collected Rs 1271/- towards Meter Cost. Accordingly this commission is of the opinion that , denial of new electricity connection to the complainant saying unavailable of electric meter is not proper rather, it squarely proved  deficient service & unfair trade practice there on the part of the Ops.
12. It is found that, Ops have received the application of the complainant for new connection online vides application number TPW10589601 dt. 09/11/2023  and have already collected Processing Fee, Service Connection Charges, Inspection Fee, Security Deposit ,Meter Cost with GST i.e Total   with GST paid Rs.6,243/ vide receipt # 202311091919129 dt.09/11/2023 but neither  rejected the application  nor  noted the defects .Admittedly the Op shave not yet  supplied electricity to the complainant and sitting over the application of the complainant for uncertain period of time receiving proper consideration squarely attribute deficient service and unfair trade practice there on the part of the Ops certainly caused harassment & mental agony to the complainant cannot be denied.
13. It may not be disputed that, Indian Parliament is well aware of the existing laws of the nation while enacting Consumer Protection Act 2019 wherein Sect.100 contains as follows:-“Act not in derogation of any other law:- “The Provision of this Act shall be in addition and not in derogation of provisions of any other law for the time being in force”. This Commission is of the opinion that, there is no bar to entertain this consumer complaint where the complainant being a prospective consumer alleged deficient service & unfair trade practice there on the part of the Ops for delay in electric connection receiving demanded consideration amount and for non response of his grievances made before the Ops authority. Hence , submission of Ld.Consel for Ops that, this  District Consumer Commission should not entertain the dispute relating to the Electricity Act as because there is an alternative forum available under the Electricity Act 2003 to redress the grievance of the consumer is not acceptable.
14. Based on above facts & circumstances this Commission is  of the opinion that, sitting over the application of the complainant for new connection of electricity for an uncertain period of time after compliance of all formalities & receiving  of required charger/consideration evidently proved deficient service & unfair trade practice there on the part of the Ops certainly caused inconvenience & mental agony to the complainant for which the Ops are jointly & severely liable to compensate the complainant adequately but  claim of the complainant is at higher side as such we are of the opinion that, an award of monetary compensation of Rs.10,000/- (ten thousand) may heal the suffering of the complainant to some extent. The complainant is further entitle for an award of Rs.5,000/- (Five thousand)towards the cost of this litigation. Further the O.Ps shall be restraining themselves from such deficient service & unfair trade practice and, they shall supply electricity connection to the complainant with respect to online application of the complainant vide application Form # TPW10589601 dt. 09/11/2023 earliest following procedure as prescribed. In the result, this complaint is allowed in part against the OPs with the following directions:-
    6698606.  

The Opposite Parties are here by directed to provide new electric connection to the complainant with respect to application Form # TPW10589601 dt. 09/11/2023 earliest following procedure as prescribed and to pay Rs. 10,000/-(ten thousand) as compensation towards  the for suffering of inconvenience & mental agony caused due to negligent & deficient service on the  part of the Ops and, to pay  litigation cost  of Rs.5,000/ (five thousand) to the complainant .

Further, the Ops shall restrain themselves from such negligence, deficient service & unfair trade practice.

The Opposite Party  are  further  directed  to make compliance of the  aforesaid Order within  four weeks  from the  date of  receipt  of this  order falling which the Opposite Party shall be liable to pay delayed compensation of Rs. 100/-(one hundred) per day to the complainant till compliance of this order. Pending application if any is also stands disposed off accordingly.

                   Dictated and corrected by me.

            Sd/-         

         President

                                I   agree                

                                                 Sd/-

                                                 Member                                         

  Pronounced  in the open Commission today on this 19^th December 2024 under the seal and signature of this Commission.

 The judgment/order be uploaded forthwith in the website of the Commission and free copy of this order be supplied to the respective parties or they may download the same from the Confonet  to treat the same as copy of the order received from this Commission