R.P.83/2021

M.C.651/2021

                       Heard the learned counsel for the petitioner.

  2.                  Learned counsel for the petitioner submitted that on dtd.25.02.2021 learned District Commission passed the order directing the present petitioner to reconnect the power supply within 5 days of receiving four months electric bill i.e. November,December,2020,January,2021 and February,2021 which should be deposited by complainant from the date of the order. According to him, said order was not complied by the complainant till dtd.07.04.2021. When he paid the four months dues and on the same day the power was supplied. He further submitted that on 05.04.2021 when Member is absent, the President-in-Charge passed the order by making the order dtd.25.02.2021 absolute without understanding the import of the order passed on dtd.25.02.2021. While the matter stood thus, on dtd.07.12.2021 learned District Commission in absence of President-in-Charge passed the order to comply order dtd.05.04.2021. When order dtd.05.04.2021 does not disclose any direction, the compliance of same was redundant.  Not only this but  also on dtd.13.12.2021 learned single Member of District Commission passed the order issuing NBW against OP No.1 & 2 in E.A. No.05/2021. He submitted that the entire materials would go to show that learned District Commission has passed illegal and whimsical order without following the provisions of law. So, he submitted to set-aside the impugned order and recall the NBW.

 3.                Considered the submission of learned counsel for the petitioner, without issuing notice to the OP it is found from copy of orders that there is truth with the submission of learned counsel for the petitioner. When the complainant has failed to perform his duty by not complying the order dtd.25.02.2021, the question of violation of such order by the OP is far from truth.

4.           Therefore, subsequent orders are all superficial. Hence, this Commission is not in agreement  with the order  dtd.13.12.2021 and as such set-aside. Recall the NBW.

 5.                  At the same time it is revealed from the submission of learned counsel for the petitioner that on 29.11.2021 they have disconnected power supply as complainant failed to deposit electricity dues after February,2021. This matter given sufficient cause of action. It is for complainant to agitate  if so advised but not  the Review petitioner.

                      Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this Commission.