CHIEF GENERAL MANAGER Vs. METRO BUILDERS PVT. LTD.

JUDGEMENT

(1.) The petitioners have filed the present writ application challenging the judgment and order/award dated 13.7.2018 passed by the learned Ombudsman-I of Electricity, Bhubaneswar (opp. party No.2) in Consumer Representation Case No.OM (I) 57 of 2018 under Annexure-9. They have prayed for quashing of said Annexure-9.

(2.) The case of the petitioners is that opp. party No.1 which is a builder and developer mainly engaged in construction of apartments for residential and commercial use applied for permission on 20.9.2016 in order to avail power supply of 851 K.W. to its project "Metro Satellite City Phase-III" consisting of 172 flats with details of load break-up. Thereafter, it offered the willingness of the contractor for execution of electrical works. Since the required supply of power was/is not available with its supply system, the petitioners wanted to upgrade the existing 5 M.V.A, 33/11 K.V. Power Transformer to 8 MVA, 33/11 K.V. at Naharkanta Primary Sub-statiion. For this purpose, estimate was made and necessary sanction was granted vide Annexure-2 series. Pursuant to this, permission letter dated 19.1.2018 was issued to the opp. party No.1 delineating the terms and conditions therein. The permission letter dated 19.1.2018 has also been filed as a part of Annexure-2 series. In terms of the said letter, the opp. party No.1 completed the work assigned at Serial Nos.3 to 8 but with regard to work covered under Serial Nos.1 and 2, which required 100% deposit of Rs.65,31,637/-, the opp. party No.1 instead of depositing the said amount, approached the Grievance Redressal Forum, for short, "GRF" on 6.4.2018 by filing Complaint Case No.156 of 2018 making the following prayers:

(3.) The present petitioners as opp. parties filed their objection under Annexure-4. Upon hearing the parties, Complaint Case No.156 of 2018 was disposed of vide Annexure-5 dated 28.4.2018 by passing the following order: