Mr. S. C. Dash, learned counsel for appellants appeared through video conference and submitted that identical matter has been disposed of by this Commission on 9.10.2020 in F. A. 572 of 2014. In the light of the above submission learned counsel prayed to hear this matter and may be disposed of accordingly.

2.      Heard Mr. S. C. Dash for the appellants. None appeared on behalf of respondent on call.

3.      Appellants representing Electricity Distribution Company, Southco were O.Ps. whereas respondent was complainant before the Forum below. Hereinafter parties are referred as arrayed before the District Forum.

4.      Brief facts of the case of complainant are that she being a marginal cultivator availed power supply from O.Ps to her LI point for the purpose of irrigation. It was alleged that O.Ps. have changed the billing pattern and started charging under commercial category which is at a higher rate. This has put complainant into financial loss. There remained no outstanding dues to be paid by complainant against the electricity bills. But O.Ps. threatened her  to disconnect the power supply causing further loss. Complainant, therefore, prayed for direction that O.Ps. should not disconnect the power supply and pay compensation for mental agony and harassment.

5.      O.Ps. denying the allegations made by complainant contended that they have acted as per the OERC Notification vide no. 4964 dated 6.3.2013, 8^th amendment in Regulation 80(5) (i) & (ii) of OERC(condition of supply) Code, 2004 by reclassifying the Irrigation Pumping and Agriculture as point of supply in Local Authorities and outside Local Authorities will be treated as such, whereas inside Local Authority will be treated as General Purpose, for tariff. The Odisha Gazette is duly published in ‘Extraordinary published by Authority’ in No.477 at Cuttack on 19^th March 2013. The claim of complainant that her LI point is situated in Challakamba G.P. is wrong and misleading. The LI point is situated in the area of local authority. The location proof of the LI point is obtained from the Local Authority and well within the Local Authority area. As per Agreement for power supply it was agreed by complainant that any modification in the OERC (condition of supply) Code from time to time shall be deemed to form part of the agreement. In the aforesaid circumstances O.Ps. were duty bound to act within the limits of law. Hence, O.Ps. prayed for dismissal of the complaint.

6.      After hearing the parties learned District Forum ordered as follows:

          “We direct the complainant to approach the OERC and Department of Energy, Govt. of Odisha to quash the orders and gazette Notification passed by them as well as we order not to claim any bill amount on commercial rate as demanded by them and they can only claim the complainant in the old tariff till finalization of the petition by the O.Ps. as per commercial rate. We do not award any cost or compensation. Parties to bear their own cost.”

7.      Being aggrieved by the aforesaid order O.Ps. filed the present appeal on the grounds that the Forum has no power and a