DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 77 OF 2019
DATE OF FILING: 20.6..2019 DATE OF JUDGEMENT: 15.01.2020
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad & Jagadish Ch. Barman
COMPLAINANT : Pratap Biswas, son of late Dhiren Biswas of Vill. Bidyadharpur, NR Market, P.O & P.S Sonarpur, Dist. South 24-Parganas, 700150.
O.P/O.Ps : 1. Assistant Engineer & Station Master, WBSEDCL, Sonarpur C.C.C at Sonarpur, Ghasiara, South 24-Parganas, Kolkata-150.
2. The Chairman, Vidyut Bhawan, Block-DJ-Sector-00, Bidhannagar, Kolkata-91.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case by the complainant may be epitomized as follows.
The complainant has his residential house in LR Plot no.768 corresponding to RS Plot no. 733. He applied before the O.P-1 for getting new electric connection to his residential house. Quotation money of Rs.958/- was deposited by him with O.P-1 on 7.6.2018. Since then, no new electric connection has been given to his house by O.P-1. Even constant persuasion with O.P-1 has proved futile. Therefore, the complainant has filed the instant case ,praying for passing a suitable order ,directing supply of new electric connection to his residential house and also for payment of compensation etc. Hence, this case.
O.P nos. 1 and 2 have been contesting the case by filing written version , wherein it is admitted that the complainant deposited quotation money with O.P-1 for getting new electric connection to his residential house. It is also admitted by them that the workorder was issued for the above job. During posting of electric poles, strong objection was raised by some neighbors of the complainant to the drawing of electric line over their land. So, drawing of new electric line is not possible for them. That apart, there is no way leave
permission submitted by the complainant in accordance with the provisions of Regulation. There is no deficiency in service on their part as alleged by the complainant.
Upon the averments of the parties, the following points are formulated for consideration.
POINT FOR DETERMINATION
- Are the O.Ps guilty of deficiency in service as alleged by the complainant?
- Is the complainant entitled to get relief or reliefs,if any, as prayed for?
EVIDENCE OF THE PARTIES
Evidence on affidavit is given by the complainant. Written version is treated as evidence of the O.Ps vide their petition dated 27.9.2019.
DECISION WITH REASONS
Point no.1 & 2 :
It is admitted fact that the complainant applied for new electric connection to his house and that he has also deposited the entire quotation money with O.P-1 for getting such electric connection. According to the O.P Department, there was an objection raised on the part of the neighbours of the complainant and, therefore, they had to stop the execution work. A copy of objection petition filed by one Subrata Mondal before the O.P-1 is also filed on record on behalf of the O.Ps.
A perusal of this objection petition reveals that there is a civil suit pending before the Ld. Civil Judge, Jr. Division , 2nd Court, Baruipur over the land upon which new electric line is sought to be drawn by the Electric Department. On the other hand, a copy of order sheet being order no. 32 dated 29.3.2011 is filed by the complainant on record. A perusal of this order sheet reveals that the complainant himself has filed a Title Suit bearing T.S no.104 of 2008 before the Court of Ld. Civil Judge, Jr. Division , 2nd Court , Baruipur, 24-Parganas (S) for the reason that Swapan Mondal tried to encroach the property of the complainant. From the order sheet of the Civil Court, it is crystal clear that the dispute between Swapan Mondal and the complainant is one of encroachment of land ; the dispute between them is relating to boundary line of the two properties i.e R.S plot nos.733 and 734. The complainant has also filed a certified copy of an exchange deed dated 22.6.1990.
On perusal of this deed, it is revealed that the complainant has been given a portion of land on the eastern side of RS plot no. 734 by the predecessor of Swapan Mondal. This deed has never been challenged by Swapan Mondal and no suit whatsoever has been filed by Swapan Mondal challenging the validity of this deed.
So, taking all these into consideration, it is found that the instant complainant has acquired a portion in RS plot no. 734 on its eastern side. The electric department wanted to draw electric line over the eastern portion of RS plot no. 734. The eastern portion of RS Plot no. 734 is now to have belonged to the complainant by virtue of the exchange deed as referred to above. This being so, it is found that the electric department wanted to draw the proposed electric line to the residential house of the complainant over a land which actually belongs to the complainant and, therefore, the complainant need not submit any way leave permission as required by the Regulation of Electric Department.
Supply of electricity is one of the essential services and no person can be denied such kind of service merely on flimsy ground. The complainant is a consumer within the definition of Consumer Protection Act and, therefore, he is entitled to electric supply to his residential house. The O.P Department has not done the right thing in delaying to supply new electric connection to the house of the complainant on mere flimsy ground. They should have thought the matter in its deeper aspect. They should have taken police help for drawing electric line in the house of the complainant. But, they have not done this thing. They have acted like mere spectator. This apathetic attitude on the part of the O.P Department appears to be nothing but deficiency in service.
Be that as it may, the O.P will have to give new electric connection to the residential house of the complainant and if such new electric connection is given to the house of the complainant within the period stipulated herein, we are of the opinion that it will not be just and proper to slam the O.P Department with any kind of compensation.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps without any cost.
The O.Ps are directed to give new electric connection to the residential house of the complainant through the proposed way of them within 15 days of this order and while giving such electric connection to the house of the complainant, if the O.Ps face any kind of inconvenience, coming from any person, they may take the help of the local police so that the new electric connection can be given to the house of the complainant.
If the O.Ps fail to give new electric connection to the house of the complainant within the period as stipulated above, they will have to pay a sum of Rs.20,000/- as compensation to the complainant for his mental agony and harassment.
Let a copy of this order be also forwarded to the Officer-In-Charge of Sonarpur P.S and Officer-In-Charge of the said P.S is directed to take effective step, so that the O.Ps are able to draw new electric connection to the house of the complainant.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
President
I / We agree
Member Member
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is decreed on contest against the O.Ps without any cost.
The O.Ps are directed to give new electric connection to the residential house of the complainant through the proposed way of them within 15 days of this order and while giving such electric connection to the house of the complainant, if the O.Ps face any kind of inconvenience, coming from any person, they may take the help of the local police so that the new electric connection can be given to the house of the complainant.
If the O.Ps fail to give new electric connection to the house of the complainant within the period as stipulated above, they will have to pay a sum of Rs.20,000/- as compensation to the complainant for his mental agony and harassment.
Let a copy of this order be also forwarded to the Officer-In-Charge of Sonarpur P.S and Officer-In-Charge of the said P.S is directed to take effective step, so that the O.Ps are able to draw new electric connection to the house of the complainant.
Registrar-In-Charge of this Forum is directed to send a copy of the judgment free of cost at once to the parties concerned by speed post.
