State Consumer Disputes Redressal Commission
Superintending Engineer, Electrical ... vs Sk. Nimaji Alli on 22 October, 2008
STATE CONSUMER DISPUTES REDRESSAL COMMISSION:ORISSA:CUTTACK STATE CONSUMER DISPUTES REDRESSAL COMMISSION:ORISSA:CUTTACK REVISION PETITION NO.77 OF 2008 From orders dated 23.09.2008 passed by the District Consumer Disputes Redressal Forum, Balasore in C.D. Case No.117 of 2008 1. Superintending Engineer, Electrical Circle, NESCO, Balasore. 2. Chief Executive Officer, NESCO, Balasore. 3. Sub-Divisional Officer, Electrical, NESCO, Basta Division, Dist- Balasore. 4. Executive Engineer, NESCO, BED, Basta, Dist- Balasore. 5. Junior Engineer (Electrical), Rajghat Section, Rajghat, District- Balasore. Petitioners. -Versus- Sk. Nimaji Alli, Son of Late Guhia of Village- Sanasti, P.O- Beladandia, P.S- Singla, District- Balasore. Opposite Party For the Petitioners : M/s. B.K. Nayak & Assoc.. For the Opposite party : N o n e. P R E S E N T : THE HONBLE SHRI JUSTICE A.K. SAMANTARAY, PRESIDENT, A N D SHRI SUBASH MAHTAB, MEMBER O R D E R
DATE:-
22ND OCTOBER, 2008.
Heard Mr. B.K. Nayak, learned counsel appearing for the revision petitioners. By this revision, the revision petitioners, who are opposite parties before the District Forum, Balasore have challenged the interim order passed by the District Forum on 23.09.2008 in a petition under Section 13(3)(b) of the Consumer Protection Act, 1986 filed in C.D. Case No.117 of 2008 directing therein to the revision petitioners / opposite parties to restore power supply to the premises of the complainant subject to payment of rupees 7,603/- on or before 29.09.2008.
2. This order was passed in the background of fact that the complainant filed C.D. Case No.117 of 2008 and notice of the said case was issued on 22.09.2008 which was received by the revision petitioners / opposite parties on the same date, i.e., 22.09.2008 at about 4.30 p.m. when the date was fixed for 23.09.2008, i.e., the next day. The revision petitioners / opposite parties appeared and prayed for time to file their written version which was allowed and on the very same day, on the interim petition of the complainant, the aforesaid order was passed on the face of the fact that the complainant had arrear of electricity dues amounting to rupees 7,603/- in respect of his domestic premises and rupees 32,341/- towards the L.I. point. Apart from that, as it appears from the copy of the complaint, the complainant insisted that power supply to his both premises, i.e., the L.I. point and the domestic premises be made from the newly installed transformer which is situated at a distance of more than 500 metres from both his premises. For giving connection from the newly installed transformer, new poles are to be installed and new line is to be drawn, for which an estimation of rupees 1,16,856/- was given by the revision petitioners / opposite parties. The complainant neither deposited the same nor made any application for time to deposit the same and moved the District Forum, Balasore for redressal of his grievance.
3. It is submitted by Mr. B.K. Nayak, learned counsel that without putting new poles and drawing the line, for which the estimated amount is required to be deposited, power supply to any of the premises of the complainant from the newly installed transformer cannot be given. In such circumstances, the interim order, which is under challenge in this revision, cannot be given effect to and the said order should not have been passed without going through the written version and hearing the counsel for the revision petitioners / opposite parties. After going through the complaint petition and looking to the fact that the revision petitioners / opposite parties only appeared on the very next day after receiving the notice and were not posted with all the material facts relating to the case and before they put forth their case, the aforesaid interim order was passed, it is submitted by Mr. Nayak that if power supply was to be taken from the other transformer, which is going to be installed near both the premises of the complainant, there would have been no difficulty, but since the distance of the newly installed transformer is more than 500 metres from the premises of the complainant, it is practically impossible on their part to restore power supply, even if the complainant makes payment of the amount as directed by the District Forum.
4. Considering all these facts and findings that the order passed is not implementable, as the matter stands now, we set-aside the same and direct the District Forum to hear the Consumer Complaint case of the complainant Sk. Nimaji Alli after filing of the written version by the opposite parties and pass orders according to law. The impugned order dated 23.09.2008 shall not be given effect to till disposal of the complaint case.
5. With the above observation and direction, this revision is disposed of at the stage of admission.
Copy of this order be communicated to the District Forum forthwith.