CHILIKA LAKE ICE FACTORY vs CENTRAL ELECTRICITY SUPPLY CO. OF ORISSA LTD.

THIS is an original case.The complainant is one owner of the Ice Factory at Chilika, Balugaon.

THE CESCO authorities made a surprise check of the premises of the complainant on 21.2.2003 and found the complainant availing power supply by passing the meter. THEy imposed a penalty of Rs. 2,11,008/-. THE complainant agreed to pay the same by instalment which has been allowed and the present dispute in no way concerned with the said penal bill. It is the case of the complainant that on 30.5.2003 suddenly the meter was burnt at mid-night while the ice plant was running. The CESCO authorities were informed during the very night. The complainant was asked to explain the cause of such damage. Complainant expressed his ignorance as to the sudden damage to the meter. The authorities calculated the penalty amount demanding Rs. 2,67,218/- which also included penal bill revised on the previous occasion. This bill according to the O.P. was on the basis of the multiplied load factor. The complainant challenges the same.

Heard Mr. R.K. Patnaik the learned Counsel for the complainant and Mr. S.K. Nayak the learned Counsel for the CESCO authorities. It seems the allegation of the authorities is, perhaps the complainant is the author of the mischief. This matter has to be enquired, whether the damage to the appliances was caused by the complainant. This Court is not possessed with the expertise to enquire into such technical matter. No amount of oral or documentary evidence would enable this Commission to find out, whether it has been done by the complainant or by any one else, the complainant being no way connected with such mischief or damage. The matter in any case is to be adjudicated by the authorities under the Regulation. We, accordingly direct this matter be decided by the Complaint Handling Authority under the Regulation and the show-cause of the complainant be treated as the claim of the complainant. Accordingly adjudication be made, both in regard to the damage, cause of by fire and also the consequent raising of the penal bill. The matter should be decided within a period of 3 months from the date of communication of the order.

SINCE the Ice factory cannot run without electricity, considering the urgency of the matter, we direct the complainant to pay a sum of Rs. 30,000/- without prejudice to the claim of either of the parties. The moment the amount is deposited power supply to the premises will be restored within 24 hours from the time of deposit. The same shall not be disconnected further for non-payment of dues raised under ''the bill vide Annexure 8, till the matter is pending with the adjudication authorities mentioned above. Complaint disposed of.