Orissa

StateCommission

CDA/878/2004

Convenor-Cum-S.E.E.O,TPNODL & others - Complainant(s)

Versus

Bhimsen Sial. - Opp.Party(s)

Mr. S.C. Dash

14 Dec 2022

ORDER

IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION
ODISHA, CUTTACK
 
First Appeal No. CDA/878/2004
( Date of Filing : 10 Nov 2004 )
(Arisen out of Order Dated 13/07/2004 in Case No. CD/141/2003 of District Jajapur)
 
1. Convenor-Cum-S.E.E.O,TPNODL & others
Dhabalgiri,jajpur Road,Jajpur
2. Sub Divisional Officer, Electrical
Jajpur Road Division, Jajpur Road, Jajpur.
3. Junior Engineer , Jajpur Road,
Jajpur.
4. Assistant Engineer-cum-Manager, Finance
Jajpur Road Electrical Division, Jajpur Road, Dist- Jajpur.
...........Appellant(s)
Versus
1. Bhimsen Sial.
At/P.O-Jajpur Road,Dist-Jajpur
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Dilip Kumar Mohapatra. PRESIDING MEMBER
 HON'BLE MR. Hemanta Kumar Mohanty MEMBER
 
PRESENT:Mr. S.C. Dash, Advocate for the Appellant 1
 M/S A.Tripathy & Associates., Advocate for the Respondent 1
Dated : 14 Dec 2022
Final Order / Judgement
         Learned Counsel Mr. S. C. Dash is present on behalf of the Appellant.
         Respondent is absent.
        During the course of hearing, learned Counsel for the Appellant  submitted that learned Dist. C.D.R.Forum/Commission, Jajpur has passed an order vide order dt.13/07/2004 in C.C. No.141/2003 “in the result the complaint petition is allowed against the O.P. with direction to waive out the penal bill of Rs. 5,150/- along with compensation of Rs.200/- to be paid to the Complainant within two months after receipt of this order”.  Challenging the order of Dist. Forum, Jajpur, Appellant has filed this Appeal.
         Learned Counsel for the Appellant submitted that during the pendency of this Appeal Complainant/Respondent has already paid the penal bill amount of Rs.5,150/- which was waived out by the learned Dist. Forum.
Learned Counsel for the Appellant further submitted that in pursuance to the order dt.21-07-2022 of this Commission, Sri Pramod Kumar  Nayak, Executive Engineer (Electrical), TPNODL, Jajpur Road Electrical Division, At/Po/Ps. Dhabalgiri, Sobra, Dist. Jajpur has filed an affidavit on dt.21-11-2022 where-in he has stated at Para-2 that one Rukhmananda Saraf was the Consumer of electricity vide Consumer No. 5032-C and Meter Sl. No.184268. At Para-3 it is stated that the same was in Consumer's premises till September-2012 and another meter bearing No.845712 was installed and continued from October-2012 till July-2015. After that a after which, a new meter vide No. NCL-22014 has been installed and billing is being done on actual consumption basis till date without having any arrear and the Consumer number has been changed to the name of Pawan Kumar Saraf w.e.f. June, 2015. 
        Learned Counsel for the Appellant prayed f to pass suitable order as the present appeal has become infructuous in view of the aforesaid deveopments.
        Heard the learned Counsel Mr. S.C.Dash and on perusal of record and affidavit filed by the Appellant on dt.21-11-2022 as the Complainant/ Respondent has already paid the dispute amount/penal bill of Rs.5,150/- the order of the Dist. CDR Forum/Commission is substantially complied.
            In view of such fact of the matter no cause of action survives in the present appeal, and hence the appeal has become infructuous.
            Hence the present appeal be treated as infructuous and disposed of accordingly. 
            Statutory amount may be refunded to the Appellant  on proper  identification.
            Send back the DFR.
 
 
[HON'BLE MR. Dilip Kumar Mohapatra.]
PRESIDING MEMBER
 
 
[HON'BLE MR. Hemanta Kumar Mohanty]
MEMBER
 

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