DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

                     C.C. CASE NO. _72_ OF ___2017

DATE OF FILING : 09.06.2017                                                DATE OF PASSING JUDGMENT: 20.4.2018

Present                        :   President       :   Ananta Kumar Kapri

                                        Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT        : Sri Uttam Pore, son of Pandit Pore of Old Debipur, P.O Kundarali, P.S Baruipur, Dist. South 24-Parganas, Pin-743610.

•   VERSUS  -

O.P/O.Ps                            :  1. Chief Engineer Planning Investigation & Design Department, WBSEDCL, Block DJ, 5^th floor, Bidyut Bhavan, Salt Lake City, Sector-2, Kolkata – 700 091.

                                              2.     The Station Manager, WBSEDCL, Supply office at Mahinagar, P.S Baruipur, Dist. South 24 Parganas, Pin- 700145.

                                              3.   The Asst. Engineer, WBSEDCL, Administrative Building, 1^st Floor, Baruipur, Padmapukur, Kulpi Road, Kolkata – 700 144.

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                                                            J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

     The whole drift of case as it flows in the complaint is that the complainant made an application to the O.Ps for getting electric connection to his house . The O.Ps also issued quotation asking the complainant to deposit service connection charge and security deposit. Accordingly, complainant made deposit of Rs.1,057/- with O.P-2 on 26.10.2016. Thereafter, no electric connection was given to the house of the complainant by the O.Ps. The complainant has written to the O.Ps several times requesting them to give electric connection to his house. But O.P-2 persisted with their habitual inertia and, therefore, the complainant has filed the instant case under section 12 of the C.P Act, 1986 ,praying for issuing a direction to the O.Ps to give electric connection to his house and for payment of compensation etc.

     The O.Ps have been contesting the case by filing written statement ,wherein it is contended inter alia by them that the complainant has paid Rs.1057/- on 26.10.2016 and they also made attempt to give electric connection to the house of the complainant. But they were obstructed by the villagers such as Ranjit Mondal and others who raised strong objection against giving of electric connection to the house of the complainant and that is why the electric connection was not given to the house of the complainant. It is further averred by them that such inability on the part of the O.P was also intimated to the complainant. There is no deficiency in service on their part and ,therefore, the case should be dismissed in limini.

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

POINT FOR DETERMINATION

1. Are the O.Ps liable for deficiency in service for not giving electric connection to the residence of the complainant?
2. Is the complainant entitled to get the relief or reliefs as prayed for?

Both the parties have led their evidences in their favour which are kept in the record.

DECISION WITH REASONS

Point no.1 and 2:-

       Complainant prayed for electric connection to his house and he also deposited the service connection charge and the security deposit as per quotation furnished by the O.P Department. Quotation money is deposited on 26.10.2016 and since then many a  water has flowed down the Ganges but the electric connection has not been given to the house of the complainant.

    The O.Ps have received the money from the complainant; the complainant has discharged his obligation of payment of the requisite charges to the O.Ps ,who have not provided any services to the complainant after having received requisite charges from the complainant.

     In the written statement filed by the O.Ps, it is found that they have resorted to a subterfuge. According to them, they have been obstructed by some villagers such as Ranjit Mondal and others and due to the obstruction of those villagers it is not possible for them to give electric connection to the house of the complainant. It is the case of the O.Ps that Ranjit Mondal submitted an application before the office of the O.P-2 raising his strong objection to the giving of electric connection to the complainant. A copy of that application is filed by the O.Ps  and the same is kept in the record. On perusal of that application of Ranjit Mondal it is found that the electric connection was sought to be drawn along a public passage and the said Ranjit Mondal is not ready to allow the electric line to be drawn in that way. Why? Is it village vendetta? Is it sheer personal sprite of that villager? Personal spite or village vendetta has no place in so far as public utility service is concerned. Supply of electricity is an essential service and every citizen of the country is entitled to get it. That apart, it is found from the petition of Ranjit Mondal that he is enjoying electricity in his house. He will enjoy energy but he will not allow it to be enjoyed by others. We cannot but deprecate their attitude of a person. What is a sauce to the gander must be a sauce to the goose. The O.Ps should have taken effective step so that the electric connection may be given to the house of the complainant. But instead of doing this, they have adopted the role of mere fence-sitters. They have not taken any step what they should have taken in this regard. They could have taken the help of the police for rendering services to the complainant. Failure of the O.Ps not to take proper step for ensuring electric connection to the house of the complainant is a shortfall in the performance of their obligation and hence it is deficiency in service on the part of them. The complainant is entitled to get electric connection to his house and the order is passed accordingly in his favour as hereunder.

In the result, the case succeeds.

Hence,

                                                                  ORDERED

That the complaint case be and the same is decreed on contest against the O.Ps with cost which is quantified to be Rs.5000/-.

The O.Ps are directed to give electric connection to the house of the complainant within 15 days of this order and also to make payment of litigation cost as referred to above to the complainant within a period of 30 days from the date of this order ,failing which, complainant is at liberty to execute the order in accordance with law.

The O.Ps are also directed to take police help if they are faced with any kind of hindrance from any corner.

Let a copy of this order be sent to the Officer-In-Charge of Baruipur P.S for his information and taking necessary action whenever he is approached to either by the Station Manager of WBSEDCL or any other O.Ps or  the complainant with prayer for police help for implementation of the order. The O.C of Baruipur P.S will take necessary legal step if he is faced with any kind of hindrance from any of the villagers while implementing this order of the Forum.                                                                                                                                                                                                                                                                                                                                                                                                                               

     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