JUNIOR ENGINEER, ELECTRICAL, DENPUR SECTION vs ARJUNI CHARAN MISHRA

HEARD Mr. B.K. Nayak, the learned Counsel for the earstwhile O.S.E.B. None present for the complainant. The present complainant and many others including the respondents in C.D.A. 661/96, 657/96, 660/96 and 658/96 were the complainants along with the others and filed the complaint petition before the District Forum, Kendrapara alleging that the present appellants were liable for deficiency in service in not providing the correct and accurate voltage of supply to the extent of 230 volt, for which the complainant suffered in many ways including the sufferance of their children for studying. The appellant filed written version where-in they no doubt admitted the low voltage but pleaded that it could not be said that low voltage ever affected the consumers in the way they have mentioned in the complaint petition. There might be some cases of low voltage somewhere but it did not affect any one and caused loss. Considering the admission on the part of the present appellant that there might have been supply of low voltage because of various other reasons the District Forum gave a direction that the appellant should ensure that there was supply of adequate voltage up to 230 volt to all the consumers. We have gone through the impugned order. Mr. Nayak on the other hand has submitted that since they had taken power connection since long time ago and there has been a great change in the supply system now.

BE that as it may, this happened in the year 1996. We are already in 2002. We have no information whether the same condition of low voltage is still continuing or not. Though Mr. Nayak submits that in the meantime power supply have been improved but we have no information about that. The very nature of claim is such that it could be said that the low voltage is chronic malady everywhere. In most parts of the State there is supply of low voltage due to various reasons which cannot be categorised. It always depends on the extent of power generation, availability of the generated power from different sources and may be also due to low transmission for certain obvious reasons for which the department cannot solely be responsible. The low voltage in a particular area do occur because of the industries availing power supply in the same line of connection. Therefore, it is not proper on the part of the District Forum to pass an order that there was positively supply of low voltage and that too such low voltage was supplied with a intention to harass the consumers and cause inconvenience. In the absence of any such material that supply of low voltage was because of either inaction or mischief on the part of the department such a general direction should not have been given. We are conscious of the fact that people do suffer from supply of low voltage and there is no gainsaying the fact that inconvenience to many is also felt by us. We appreciate the consumers right and the allegation of supply of low voltage to the particular area. But at the same time because of various reasons for which the organisation is not solely responsible such a direction was not called for without bringing on record a specific case of low voltage by inaction and loss sustained because of low voltage. The District Forum has also held as regards compensation no data for assessment was supplied by the complainant. The District Forum, therefore, awarded compensation by directing in para-9 of the judgment if they do not comply with the direction to supply adequate voltage then they will be liable to pay compensation to the complainant at the rate of Rs. 10/- per day till supply of adequate voltage. This part is set aside. However, since the department admitted supply of low voltage, we are not inclined to set aside that part of the order. The appeal is allowed in part. Presently if the said complainants are still receiving power at low voltage they can approach the Forum by filing a fresh complaint case. Dr. Arati Mohanty, Member-I agree. Mr. Pramodnath Das, Member-I agree. Appeal partly allowed.