Heard the Learned Counsel for both the parties present.
Learned Counsel for the OP filed a memo stating therein that, in view of order dt.16.05.2023 passed by the Hon’ble High Court of Odisha in WP( c) No.1704/2020 passed in Executive Enginer(Electrical) South Co. Utility, Paralakhemundi Electrical Division & others versus Sakuntala Behera &others this complaint is not maintainable before this Commission and urged to decide first the maintainability of this complaint before this Commission in view of the said order of the Hon;ble ;High Court of Odisha. Said memo is taken into record.
This complaint is at the stage of hearing. Law is well settled that, the issues of maintainability of the complaint may be raised at any stage of the complaint and it need to be decided first .Accordingly we think it proper to decide the maintainability of this complaint as raised by the Ld. Counsel for the opponent and taken up the hearing of the said memo filed by the Ops today.
Perused the material available on record. It is found that, the complainant has raised allegations of serving incorrect electric bill to her and further alleged deficiency of service for non replacement of defective meter by the opponent installed in the premises of the complainant.
Heard learned counsel for the both parties present on the issue of maintainability of the complaint as raised by the Ld. Counsel for the Ops at this stage
Since the complainant has challenged the electric bill raised by the opponent for consumption of electricity and negligence on the part of the Ops for non replacement of defective meter installed in the premises of the complainant and in view of order dt.16.05.23 of the Hon’ble High Court of Odisha ,Cuttack passed in WP(c) No.1704 of 2020 , Executive Engineer, Electrical South Co. Utility Paralakhemundi Electrical Division Versus Sakuntala Behera & others , we are of the opinion that , this complaint is not maintainable before this commission as there is “Forum” for redressal of grievance of consumers of electricity established under Electricity Act,2003.And It shall be proper to return the complaint to the complainant for presentation of it before the grievance redressal forum as per Sec.42(5) of the Electricity Act 2003.
Based on above discussion and in view of the said order.16.05.23 of the Hon’ble High Court of Odisha passed in 1704 of 2020 this complainant is liable to be rejected .Hence it is ordered.
ORDER
This complaint is rejected as not maintainable before this commission .The complainant is directed to return back this complaint following procedure as prescribed and he may present his grievance before the redressal Forum as per Sec.42(5) of Electricity Act,2003.
Dictated and corrected by me.
Sd/-
President.
I agree
Sd/-
Member.
Pronounced, in the open Commission today on this 2nd November under the seal and signature of this Commission. The pending application if any is also stands disposed off accordingly.
The 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 .Ordered accordingly.
