- Company Name
- TPCODL, Odisha
- Loss Amount
- 101
- Ratings
- Opposite Party Address
- TPCODL Office, Tirtol, AT/Po - Tirtol,
Dist - Jagatsinghpur, Odisha
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JAGATSINGHPUR
Case Reference: C.C. No. 182/2025 Parties:Biswaranjan Pattnaik (Complainant) vs. Junior Engineer, TPCODL & Others (Opposite Parties)
Subject: Application for Modification/Recall of Order Dated 24.09.2025 and Cancellation of Electricity Connection
FILED ON BEHALF OF:
The Applicants, being the exclusive and lawful registered owners of the property situated over Plot Nos. 1795 and 1771, Khata Nos. 1139 and 1140 of Tirtol Mouza (the "Suit Property"), respectfully submit this Application for Modification/Recall of the Judgment dated 24.09.2025 in the above-mentioned Consumer Complaint.
1. New Fact Rendering the Order Non-Operative
The Judgment dated 24.09.2025 directed the Opposite Parties No. 1 to 3 (TPCODL) to provide a new electric connection to the premises primarily on a “humanitarian point of view” for the tenant, Biswaranjan Pattnaik, who was in occupation.
The Applicants hereby state that the Complainant/Tenant, Biswaranjan Pattnaik, has now permanently vacated the Suit Property and is no longer in possession thereof.
Since the sole, primary, and explicit justification for the Commission's intervention—the tenancy and the humanitarian need of the occupant—has ceased to exist, the operative directions of the Judgment must necessarily be recalled or modified.
2. Violation of Principles of Natural Justice (Non-Joinder of Necessary Parties)
The Applicants submit that the original verdict was passed in violation of the principles of natural justice, which mandates that no party shall be condemned unheard.
The primary basis for the Commission's intervention, as stated in the Judgment, was that the direction was "purely directed on humanitarian point of view" to the occupant/tenant, Biswaranjan Pattnaik.
In light of the new facts and the substantial legal infirmities in the original Judgment, the Applicants most humbly pray that this Hon'ble Commission may be pleased to:
Date: 05th Dec, 2025
Place: Jagatsinghpur
Applicants:
Case Reference: C.C. No. 182/2025 Parties:Biswaranjan Pattnaik (Complainant) vs. Junior Engineer, TPCODL & Others (Opposite Parties)
Subject: Application for Modification/Recall of Order Dated 24.09.2025 and Cancellation of Electricity Connection
FILED ON BEHALF OF:
- Ms. Sabita Priyadarshini Choudhury, D/o Mr. S.C. Choudhury
- Ms. Sujata Priyambada Choudhury, D/o Mr. S.C. Choudhury (The lawful and registered owners of the property)
The Applicants, being the exclusive and lawful registered owners of the property situated over Plot Nos. 1795 and 1771, Khata Nos. 1139 and 1140 of Tirtol Mouza (the "Suit Property"), respectfully submit this Application for Modification/Recall of the Judgment dated 24.09.2025 in the above-mentioned Consumer Complaint.
1. New Fact Rendering the Order Non-Operative
The Judgment dated 24.09.2025 directed the Opposite Parties No. 1 to 3 (TPCODL) to provide a new electric connection to the premises primarily on a “humanitarian point of view” for the tenant, Biswaranjan Pattnaik, who was in occupation.
The Applicants hereby state that the Complainant/Tenant, Biswaranjan Pattnaik, has now permanently vacated the Suit Property and is no longer in possession thereof.
Since the sole, primary, and explicit justification for the Commission's intervention—the tenancy and the humanitarian need of the occupant—has ceased to exist, the operative directions of the Judgment must necessarily be recalled or modified.
2. Violation of Principles of Natural Justice (Non-Joinder of Necessary Parties)
The Applicants submit that the original verdict was passed in violation of the principles of natural justice, which mandates that no party shall be condemned unheard.
- The Applicants were not made parties: The Commission failed to notice that the Applicants (Sisters 1 & 2), being the exclusive and registered owners of the Suit Property, were neither noticed nor impleaded as parties to the Consumer Complaint. This omission is a grave violation of the principle of audi alteram partem (hear the other side).
- Lack of Authority: Opposite Party No. 4, Santanoo Satyabrata Choudhury (the Brother), who was incorrectly identified as a "co-sharer" in the Judgment, possesses no recorded right, title, or interest whatsoever in the Suit Property. The Commission proceeded on his submission of "no objection" without inquiring into his legal authority to bind the true owners (the Applicants) or to act as an agent of the property. The Judgment, therefore, affects the Applicants' fundamental property rights without their involvement, rendering it void ab initio.
The primary basis for the Commission's intervention, as stated in the Judgment, was that the direction was "purely directed on humanitarian point of view" to the occupant/tenant, Biswaranjan Pattnaik.
- Humanitarian Ground Ceased: The Complainant/Tenant, Biswaranjan Pattnaik, for whom the humanitarian relief was granted, has now permanently vacated the Suit Property. With the termination of the tenancy and the vacation of the premises, the entire basis of the order has been extinguished.
- Creation of Adverse Rights: The continued existence of the electricity connection in the name of Opposite Party No. 4 (Santanoo Satyabrata Choudhury), who has no ownership, is now being exploited to create illegal evidence of possession. The Applicants have learned that OP No. 4 is utilizing the service connection and his name on the meter/bill to procure a Residency Certificate, thereby attempting to establish an unlawful right of residence and possession in clear violation of the Applicants’ rights as exclusive owners and in contravention of residency laws.
- Irrelevant Status: A Consumer Forum's jurisdiction cannot be invoked to compel a utility connection for a person (OP No. 4) who is neither an owner, an authorized representative of the owner, nor a rightful tenant, especially when the true owners object. The connection granted on humanitarian grounds for a former tenant cannot be transferred or maintained for an unauthorized occupant.
In light of the new facts and the substantial legal infirmities in the original Judgment, the Applicants most humbly pray that this Hon'ble Commission may be pleased to:
- Recall the Judgment/Order dated 24.09.2025 in C.C. No. 182/2025 in toto.
- Direct Opposite Parties No. 1 to 3 (TPCODL) to immediately cancel and dismantle the new electric connection granted to the premises in the name of Santanoo Satyabrata Choudhury (Opposite Party No. 4), or any other unauthorized person, over Plot Nos. 1795 and 1771.
- Pass any other order or direction as this Hon'ble Commission may deem fit and proper in the interests of justice.
Date: 05th Dec, 2025
Place: Jagatsinghpur
Applicants:
- Ms. Sabita Priyadarshini Choudhury