DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. CASE NO. 70 OF 2019
DATE OF FILING: 14.06.2019 DATE OF JUDGEMENT: 7.11. 2019
Present : President : Ananta Kumar Kapri
Members : Jhunu Prasad & Jagadish Chandra Barman
COMPLAINANT : Sanjoy Sardar, son of late Bipen Sardar, Vill. Mallickpur Halderpara, P.O Mallickpur, P.S Baruipur, Pin-700 145. Dist. South 24-Parganas.
O.P/O.Ps : 1. Assistant Engineer & Station Manager, W.B.S.E.D.C.L Mahinagar Customer Care Centre, at Khashmallick Garage More, P.O Daishin Gobindapur, P.S Baruipur, Pin-700 145.
2. The Chairman, Vidyut Bhawan, Block DJ, Sector-II, Bidhannagar, Kolkata -91.
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JUDGMENT
Sri Ananta Kumar Kapri, President
Facts leading to the filing of the instant case may be epitomized as follows.
The complainant as above named applied to O.P-1 for new electric connection to his residential house on 7.2.2019. Quotation was also given to him by O.P-1 and the complainant also made payment of security deposit amounting to Rs.949/- on 13.2.2019. But no electric connection has yet been given to his house by the O.P-1 and ,therefore, the complainant has filed the instant case ,alleging deficiency in service on the part of the O.Ps with a prayer for passing a necessary order directing the O.Ps to give new electric connection to his house. Hence, this case.
The O.Ps have been contesting the case by filing written version jointly, wherein, they have admitted the material facts of the complaint including payment of security deposit .The positive case of the O.Ps is that complainant has not been able to submit any document to show that he has taken way leave permission for drawing the electric line and for this reason, it has not been possible for the O.Ps to give new electric connection to the house of the complainant. The further case of the O.Ps is that other villagers including Purnima Kayal have also given objection to electric connection to be taken along a common passage of 3ft wide. They are ready and willing to give such electric connection to the house of the complainant provided the complainant fulfils the formalities enjoined by the Electricity Regulation.
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 for not providing electric connection to the house of the complainant after having received the security deposit from the complainant ?
- Is the complainant entitled to get relief of reliefs as prayed for?
EVIDENCE OF THE PARTIES
Complainant has filed evidence on affidavit. Written version is treated as evidence of the O.Ps vide his petition dated 17.9.2019.
DECISION WITH REASONS
Point no.1 & 2 :
Already heard the submissions of Ld. Lawyers, appearing for both the parties . Perused the petition of complaint, written versions and also all other papers kept in the record. Considered all these.
It is undisputed fact that complainant has paid security deposit to the O.P department for getting new electric connection to his residential house. It is also undisputed fact that new electric connection has not been given to the complainant as yet and the complainant has been facing dire inconvenience due to absence of electric line to his house.
It is the version of the O.Ps that some villagers lodged objection to drawing of electric line to the residential house of the complainant through a narrow passage of 3ft wide. Among those villagers is included one Purnima Kayal who filed an objection petition before the O.P-1 , a copy of which is placed on record by the O.P-1.
A perusal of the said objection petition reveals that Purnima Koyal objects to the drawing of electric line for the reason that electric line is sought to be drawn through her land. No plot number is furnished by her in her objection and, therefore, it is not possible for us to ascertain whether the common passage belongs to Purnima Koyal or not. A hand sketch map drawn by O.P-1 during inspection of the site has been filed on record and on perusal of the hand sketch map, it is found that O.P department wants to draw the electric line to the house of the complainant through a common passage of 3ft wide. From all these documents it is clear that passage along which the electric line is sought to be drawn is a common passage. If the electric line is drawn along this common passage, it appears to us that there will be no prejudice caused to any person. The objection of the villagers appears to be motivated and the objective of this objection is only to hinder the drawing of electric line to the house of the complainant.
We know very well that electricity is an essential service and no one can be forced to live without electricity in this age of advanced civilization. We know it also very well that every village has nowadays turned into a hell, thanks to the advent of politics. There was once upon a time that villagers used to live happily and peacefully . There was good relation between neighbours and neighbors , brothers and brothers. They all were in good humour. But that relation has now been contaminated badly and this is only for the fact that politics have made an in-road to the villages. The political vendetta has gone to its nadir in our society ,specially in the villages so much so that even a full brother does not participate in the obsequial ceremony of his mother when such ceremony is held by his another full brother .
Under such circumstances, it is expected that one villager must object to the drawing of electric line to the residential house of another brother having been goaded by jealousy and hatred which are political , social and familial also. But we are not concerned with the political vendetta that exists amongst the people of the villages. We are only concerned with providing service to a genuine consumer. Our motto is to ensure proper service to a consumer and with this motto in our view, we are of the opinion that new electric line should be given to the house of the complainant by the O.Ps and if necessary with the help of the police.
The O.Ps have been blamed by the complainant for causing delay in giving new electric connection to his house. Regulation 3.2.1 (c ) of W.B Electricity Regulatory Commission ( Standard of Performance of Licensees relating to consumer service) Regulations, 2010 provides that no new connection shall be given unless the complainant i.e the consumer submits document for way leave permission in Form-I along with t he application in the form given in Annexure A.
Regards being had to this Regulation, we do say that the O.Ps have not acted contrary to the provisions of Regulation in so far as drawing of electric line to the house of the complainant is concerned. So, the complainant is not entitled to any kind of compensation against the O.Ps. Even, the complainant is not entitled to any cost of litigation.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed on contest against the O.Ps .
The O.Ps i.e O.P nos. 1 and 2 are directed to give new electric connection to the residential house of the complainant by drawing electric line along the common passage of 3 ft wide as shown in the sketch map of them filed herein ,within a month of this order and while doing so, if they face any kind of obstacle by any one , they are at liberty to take the police help for giving new electric connection to the house of the complainant.
At the same time, I.C of Baruipur P.S is also directed to extend every kind of cooperation to the complainant and also to the O.Ps so that the O.Ps are able to draw new electric connection to the house of the complainant in the manner as referred to above and if any one raises any kind of obstruction to the execution of this order by the O.Ps, the I.C of Baruipur P.S is directed to proceed against those persons in accordance with law.
Let a copy of this order be sent to the I.C of Baruipur P.S for his information and taking necessary action.
Registrar-In-Charge of this Forum is directed to send a certified 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
