DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __24_ _ OF ___2018

DATE OF FILING :_26.2.2018         DATE OF PASSING JUDGEMENT:  28.8.2018

Present                 :   President       :   Ananta Kumar Kapri

                                 Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :  Sri Lakshmikanta Chatterjee, son of late Haridas Chatterjee of Satkari Banerjee Road, P.O Malancha Mahinagar, P.S Sonarpur, Dist. South 24-Parganas, Kolkata – 145.

•  VERSUS  -

O.P/O.Ps                    : Assistant Engineer & Station manager, Mahinagar Malancha Electric Supply, WBSEDCL, South 24-Parganas, Kolkata- 145.

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                                                J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

               This case owes its origin to a complaint lodged under section 12 of the C.P Act, 1986 by the complainant , wherein it is alleged by him that the O.P i.e the Assistant Engineer and Station Manager of Mahinagar Electric Supply, South 24-Parganas has committed deficiency in service by not providing new electric connection to the residential house of the complainant.

              The facts leading to the filing of the instant case by the complainant are that the complainant applied for a new electric connection to his residential house. Quotation was supplied by O.P to the complainant and in compliance of the said quotation, the complainant also deposited the quotation money of Rs.449/- on 18.11.2017 with the O.P . But no electric connection has been provided to the dwelling house of the complainant as yet. Requests after requests of the complainant have ended in fiasco. Now, the complainant has filed the instant case ,praying for a direction to the O.P so that the new electric connection is provided to his house along with payment of compensation etc. Hence, arises the instant case.

              The O.P entered into appearance in this case and also filed written statement which is kept in the record. Thereafter, the said O.P has not submitted any evidence before the Forum and, therefore, the case is heard exparte against him.

             The positive case made out in the written version of his statement by the O.P is that the complainant has deposited the quotation money on 18.11.2017. But, the new electric connection has not been given to the house of the complainant ,because there is lying a dispute among the co-owners of the complainant. The other co-owners of him resisted and, therefore, the new connection was not given. According to the O.P, his department is always ready to provide new electric connection to the complainant, if free access is provided to the complainant with the help of police.

                Upon the averments of the parties, the following points are formulated for consideration.

POINT FOR DETERMINATION

1. Is the O.P guilty of deficiency in service as alleged by the complainant?
2. Is the complainant entitled to get relief or reliefs as prayed for ?

                 Evidence on affidavit along with the documents  is filed on behalf of the complainant.

DECISION WITH REASONS

Point no.1 & 2 :

              It is admitted by the O.P that the complainant has deposited the quotation money for taking new electric connection to his residential house and that the said money has been deposited on 18.11.2017. The money receipts have also been filed by the complainant herein. But the electric connection has not been given to the house of the complainant as yet and it is so admitted by the O.P Department.  As soon as the quotation money has been deposited by the complainant with the O.P, the complainant has become a consumer of the O.P and the O.P is bound to extend the service to the complainant within a reasonable time, for which he has received payment.

             In the instant case, it is the version of the O.P that the complainant has not been able to provide free access to them and, therefore, it has not been possible for them to give new electric connection to the house of the complainant. It is the version of the O.P that they are ready to provide the new connection to the complainant, if police help is provided to them.

           The complainant is a consumer of the O.P. The only demand of the complainant is that the O.P has taken payment from him for providing new electric connection to his house and inspite of such payment to them, new electric connection has not been given to his house. Delay in providing new electric connection to the house of the complainant after having received the quotation money from him is a glaring example of deficiency in service on the part of the O.P. It is the version of the O.P that they are ready to provide new electric connection to the house of the complainant, if police help is provided. The O.P would have prayed for police help before the competent authority for providing new electric connection to the house of the complainant. But no such step has been taken by the O.P in this regard. Non-taking of such a step on the part of the O.P for providing new electric connection to the house of the complainant is also a deficiency in service on the part of the O.P. The complainant is entitled to get electric connection from the O.P and the order is passed accordingly as hereunder.

              In the result, the case succeeds .

               Hence,

ORDERED

             That the complaint case be and the same is decreed exparte against the O.P with a cost of Rs.5,000/- .

            The O.P is directed to provide new electric connection to the house of the complainant within 15 days of this order and in course of giving such electric connection to the complainant, if they are faced with any kind of resistance, they are at liberty to take the police help from the concerned P.S i.e Sonarpur P.S .

           Officer-in-Charge of Sonarpur P.S is also directed to extend proper police help to the O.P i.e the Electric Department for providing new electric connection to the house of the complainant ,if he is requested by the Assistant Engineer and Station Manager of Mahinagar Malancha Electric Supply i.e the O.P  of the instant case.

           Let a copy of this order be sent to the Officer-In-Charge of Sonarpur P.S for his information and taking necessary action whenever he is approached by the O.P.

          No compensation whatsoever is awarded to the complainant, considering the facts and circumstances of the case.

    Let a free copy of this order be given to the parties concerned at once.   

                                                                                                                   President

I / We agree

                              Member                                            Member

Dictated and corrected by me

                       President