Orissa

Dhenkanal

CC/71/2017

Malati Parida - Complainant(s)

Versus

The Manager Electrical DED. CESU And Others - Opp.Party(s)

27 Oct 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DHENKANAL

                                                   C.C.Case No. 71 of 2017

Malati Parida, aged about 60 years

W/o late Sarat Kumar Parida,

Vill: Birhikhunti, PO: Mahimagadi,

P.S: Gondia, Dist: Dhenkanal-759001              …..........Complainant

                                                                Versus

1) Central Electricity Supply of Odisha Ltd, having its Head Office

    At IDCO Towers, 2^nd Floor Janpath Bhubaneswar, Dist: Khurda,

    Represented through its Manager Electrical,

    Dhenkanal Electrical Division, At: Near College Bypass, Kathagada,

    P.S: Town, PO/Dist: Dhenkanal

2) Junior Manager, Electrical, CESU,

    Joranda Section, At/Po: Mahimagadi, P.S: Gondia,

   Dist: Dhenkanal                                               …............Opp. Parties

Present: Sri Badal Bihari Pattanaik, President,

                 Miss Bijayalaxmi Satapathy, Member

Counsel: For the complainant:  A.K.Rout

                 For the Opp. Parties: Asit Kumar Sahoo, Auth. Agent

Date of hearing argument: 18.10.2017

Date of order: 27.10.2017

                                                                JUDGMENT

Sri Badal Bihari Pattanaik, President,

                The complainant has filed the case U/s 12 of Consumer Protection Act, 1986 alleging deficiency in service on the part of the Opp. Parties and claimed compensation with a prayer to disconnect power supply to the building of the petitioner under consumer No.03279000.

                1)  Very briefly, the case of the complainant stated are that the husband of the complainant during his life time had constructed certain shop rooms in Natima Bazar  and had availed power supply  in the year 1980.  These shop rooms were constructed by  her late Husband  for the purpose of rent to earn his livelihood  which was the only source of income for him and after his death the complainant Malati Parida has been paying the dues from time to time and is availing power supply.  Her application for change of name of the consumer is pending with the Opp. Parties.  It is stated that the shop rooms are rented out to Suresh Kumar Moharana, Nirod Chandra Moharana and Sasadhar Rout.  One of the shop rooms is used for the purpose of studio, another for a Patholab and other one for electronic goods article shop.  Since the building was constructed long back it is required renovation and petitioner requested the Opp. Party No.2 on 26.4.2017 to disconnect power supply to the said consumer.  As per the instruction of O.P.No.2 the petitioner has cleared up all the dues amounting to Rs. 1310/- till the end of April-2017 and a sum of Rs. 150/- towards disconnection charge.  After payment of disconnection charge and all the dues till April-2016 power supply was disconnected by the O.P.No.2.  After one week the petitioner noticed that the shop rooms are being electrified and power supply has been restored to the same shop rooms by the O.Ps.  On enquiry it was revealed that the O.Ps have provided temporary power supply to the shop rooms owned by the petitioner to which the complainant strongly protested regarding such illegal action of the O.Ps.  It is further stated that the shop rooms in question are the exclusive property of the petitioner and the Opp. Parties have no right to provide power supply to the shop rooms without her prior consent and to draw the service wire from the pole to the building without any permission of the owner.  Therefore, the Opp. Parties by providing power supply to the shop rooms without the knowledge and consent from the owner amounts to deficiency in service.  Therefore, the complainant has come up before this Forum seeking for a direction to the O.Ps to disconnect the power supply forthwith and to award compensation of Rs. 50,000/- for deficiency in service.

                2) The Opp. Parties appeared and despite several adjournments no written version is filed.  Therefore, the matter was heard from the complainant alone basing on the documents available on record.   The sole allegation of the complainant as reveals from her complaint petition that the Opp. Party without her knowledge and   consent have provided power supply to the  shop rooms owned by her which are given on rent to different persons.  It is also alleged that restoration of power supply to the shop rooms of the complainant without her knowledge and consent amounts to deficiency in service on the part of the Opp. Party.  It is stated that the shop rooms constructed by her late husband in order to maintain his livelihood has been given on rent to Suresh Kumar Moharana, Nirod Chandra Moharana and Sasadhar Rout.  As the building was constructed long back it requires renovation and for that purpose the complainant requested the O.P.no.2 on 26.4.2017 for disconnection of power supply and as per the instruction the complainant cleared up the dues and also paid a sum of Rs. 150/- towards disconnection charge.  It is also admitted by the complainant that after payment of disconnection charges the power supply was disconnected by the O.P No.2.  But   the petitioner suddenly after one week of disconnection found that the O.Ps have provided temporary power supply to the shop rooms owned by her without her knowledge and consent which amounts to deficiency in service and therefore, she has come up before this Forum seeking for a direction to disconnect the power supply provided to the shop rooms without her consent and to award compensation.  Now from the above admitted facts as regards to application for disconnection of power supply to the shop rooms, clearance of the arrear dues and payment of disconnection charges and disconnection of power supply thereon we have nothing to do since on receipt of disconnection charges, the power supply was disconnected.  But as regards to the prayer of the complainant for disconnection of the power supply availed by the shop keepers is to be examined.  Admittedly, one Suresh Kumar Moharana, Nirod Chandra Moharana and Sasadhar Rout have taken the shop rooms on rental basis either by way of written agreement or under personal contract.  Admittedly, the above shop keepers are in possession of the shop rooms which are taken on rental basis from the complainant.  Further it is an admitted fact that the Shop keepers are also using the shop rooms for the purpose of Studio, Patholab and electronic goods article shop.  After disconnection of power supply to the shop rooms they might have contacted the Opp. Parties and have availed power supply on payment of the required fees and documents.  When they have availed power supply from the Opp. Parties either with the consent of the complainant or without the consent and knowledge of the complainant is not known to us and in their absence the factual aspect and the truth cannot be come to light.  In absence of the shop keepers the case cannot be adjudicated when they have availed the services of the Opp. Parties on payment of consideration.  On our perusal of the complaint petition we find that the complainant has mentioned the name of the shop keepers who have availed power supply temporarily even after disconnection.  But the complainant has not made party to them for just and proper adjudication of the dispute.  Therefore, we are of the opinion that the case is bad for non-joinder of necessary parties and in absence of the shop keepers the case cannot be adjudicated effectively and efficiently.  Hence the case is liable to be dismissed on the above ground alone.  Hence ordered.

                                                                         ORDER

                The complaint stands dismissed in the light of the above observations.  In the peculiar facts and circumstances parties are left to bear their own cost.

 

                (Miss Bijayalaxmi Satapathy)                             (Badal Bihari Pattanaik)

                                Member                                                            President