DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO. 13 of 2014
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Kishore Kumar Sahu
S/O: Late Laxman Sahu
AT/PO/PS: Khajuripada
Dist: Kandhamal ……………….. Complainant.
Versus.
1. Executive Engineer, Electrical (Southco)
Phulbani Electrical Division, Phulbani
At/PO: Near Income Tax Office, Phulbani
PS/DT- Town Phulbani, Kandhamal
2. Sub- Divisional Officer, Electrical, (Southco)
Phulbani Electrical Division, Phulbani
At/PO: Near Income Tax Office, Phulbani
PS/Dist: Town Phulbani, Kandhamal
3. Junior Engineer, Electrical (Southco)
At /Po: Electrical Section, Khajuripada
PS/Dist: Kandhamal. ………………… OPP. Parties.
For the Complainant: Sri P.C Tripathy, Advocate, Phulbani
For the OPP. Parties: Sri H.Ch. Maharana, Advocate, Phulbani
Date of Order: 24-04-2015
O R D E R
The case of the Complainant in brief is that he had applied the O.P No.1 for supply of power for his proposed food processing unit at khajuripada under the scheme PMEGP through the District Industry Center, Phulbani being an unemployed youth. He deposited Rs.1352/- towards supervision charges,Rs. 14,339/- towards three phase service connection and Rs. 24,463 towards the security deposit charges on 27-09-2013 as per direction of O.P No.1 but no power supply connection has been provided in spite of repeated requests to all the Opposite Parties . On 06-03-2014, the Complainant received a notice from the office of the G.M, D.I.C, Phulbani to start his unit failing which the margin money subsidy will be returned to the appropriate authority .So, he again approached the O.P No.1 for necessary power supply but he failed to supply the power to his unit which amounts deficiency
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in service on the part of the Opposite parties. As a result of which he suffered serious financial loss and mental agony for which this complaint is filed by him for a direction to the Opposite Parties for supply of the power to the proposed unit of the Complainant. He also claimed interest on his deposited amount of Rs. 40,159/- along with compensation of Rs. 5000/- and Rs. 5000/- towards litigation fees.
The case of the Opposite Parties as per their joint version is that as per letter dated 26-09-2013 the Complainant was instructed to comply certain requirements for the proposed power supply but the Complainant failed to comply the same which breaks the Opposite Parties to supply the power to the premises of the Complainant. Hence, the Opposite Parties have not committed any deficiency in service and not liable to pay any compensation as prayed by the Complainant.
During the course of hearing we have heard the learned advoates of the Parties. We have gone through the complaint petition, version of the Opposite Parties and the copies of the documents filed by the Complainant in support of his case. The Complainant and the Opposite parties were absent at the time of hearing in this case. The interim order was passéd in favor of the Complainant on 15-04-2014 with a direction to the O.Ps for supply of power to the unit of the Complainant. Both the parties failed to apprise us regarding the result of the said interim order. In the mean time one year has already been passed. However, as the Complainant has deposited the required fees for the purpose, he is entitled to get relief. Accordingly the complaint is allowed in part. The Opposite parties are directed to supply electric connection to the proposed unit of the Complainant within 30 days of the date of receipt of this order after observing necessary formalities as per provision if they had not executed the interim order of this Forum .In case of failure the Complainant is entitled to get compensation of Rs.5,000/- only from the Opposite Parties.
The interim order passed by the Forum on 15-04-2014 is hereby vacated.
The C.C is disposed of accordingly .Supply free copies of this order to both the parties.
MEMBER PRESIDENT
