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Judgment
NON- supply of electric metre and disconnection of supply of electricity to the premises in question is the grievance of the complainant.
CASE of the complainant is that he got supply of electricity on 10-12-1985 after executing an agreement on 16.5.1985. As per the agreement, the opposite party was to supply the metre. received the bills for the months of January, February and March, 1986 which complainant did not pay. He did not pay the amount as the same was excessive. Instead of installing the meter, the opposite party disconnected the supply of electricity to the premises in question. As we find from the record, notices by registered post were sent on 12.4.1991 to both the opposite parties. Opposite party No. 2 received notice on 13.4.1991 and such notice to the Super- intending Engineer returned unserved with an endorsement ''not known''. Although Mr. B.K. Nayak has entered appearance for opposite party No. 2, the case has not been stated. All facts are in record of opposite party No. 2. In spite of it, when the facts are not stated we would have drawn adverse inference against opposite party No. 2 as the facts which are not undisputed should be accepted. However, we find that in 1986 the supply was made. Bills were also given. There is, however, no date of disconnection. On admitted position, complainant has not paid any of the bills. Hence, we are not inclined to accept the claim which is accordingly rejected. It is open to the complainant to avail any other remedy, if the same is available to him. On the facts we can come to the conclusion that on account of non-payment of bill amounts, there has been disconnection. There is no deficiency is service.
In result, the complaint petition is dismissed. A copy of the order be sent to the Chairman of the Orissa State Electricity Board for considering whether action would be taken against opposite party No. 2 for not stating a case inspite of valid service of notice. Complaint dismissed.