DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,

 KOLKATA-700 0144

      C.C. CASE NO. __87_ _ OF ___2018

DATE OF FILING : 25.07.2018         DATE OF PASSING JUDGEMENT:17.12 .2018

Present                      :   President       :   Ananta Kumar Kapri

                                        Member(s)    :    Subrata Sarker  & Jhunu Prasad

COMPLAINANT   :         Shri Jagannath Sikdar, son of Gobordhan Sikdar of Village-Kashibati, Shibmandir, P.O Chandandaha, P.S Bishnupur, Dist. South 24-Parganas.

•  VERSUS  -

O.P/O.Ps                         :  1. Divisional Engineer, Behala Division, Udairampur, Diamond Harbour Road, P.O Kanyanagar, P.S Bishnupur, Dist. South 24-Parganas, Pin-743398

                                              2.   Station Manager, WBSEDCL, Supply office at Bakhrahat C.C.C, P.O Bakhrahat, P.S Bishnupur, Dist. South 24-Parganas, Pin-743377 .

_______________________________________________________________________

                                                            J  U  D  G  M  E  N  T

Sri Ananta Kumar  Kapri, President

           Gross negligence in providing new electric connection to the residential house of the complainant by the O.Ps has galvanized the complainant to file the instant case under section 12, C.P Act, 1986 , alleging deficiency in service against the O.Ps.

          Facts leading to the filing of the instant case may be epitomized as follows:

          The complainant deposited a total sum of Rs.707/- ( Rs.400/- as service connection charge and Rs.307/- as security deposit) with the O.P-2 for getting new electric connection to his residential house. The said money was deposited on 7.11.2014. Since then, many a water has flown down the Ganges. But the residence of the complainant has not yet seen the new electric connection line. The O.Ps also did not inform anything to the complainant as to why the electric line was not given to his house. Last of all, the complainant filed an application under R.T.I Act on 14.6.2017 and thereafter the O.Ps informed him by a letter dated 7.6.2018 that they could not provide new electric line to his house for want of way leave permission. Alleging deficiency in service on the part of the O.Ps, the complainant has filed the instant case , praying for issuing an order directing the O.Ps to give new electric line to his house and also to pay compensation etc for harassment and mental agony . Hence, this case.

          The O.Ps have not turned up to contest the case inspite of service of summons upon them and, therefore, the case is heard exparte against them.

          Evidence on affidavit is filed by the complainant and the same is kept in the record after consideration.

DECISION WITH REASONS

            The only question a-begging an answer is whether the O.Ps are guilty of deficiency in service as alleged by the complainant. On perusal of the materials on record ,it is found that the complainant has deposited the requisite money of Rs.707/- with the O.Ps on 7.11.2014 for getting a new electric connection to his residential house. As soon as the money is deposited by a person  with the O.Ps, he becomes a “Consumer “under the O.Ps and it is the duty of the O.P Electric Department to provide new connection to him without any delay. But in the instant case, the electric connection has not yet been provided to the house of the complainant since after four years of deposit of the requisite money. The O.Ps slept as it is found on record, over the matter, having accepted the requisite money from the complainant and they did not even feel any necessity to give any information to the complainant on why the electric connection had not been  given to his house. The complainant had to file application under R.T.I Act on 14.6.2017 and it is only thereafter, the O.Ps informed the complainant on 7.6.2018 that they could not draw the electric line for want of way leave permission. To sit in idle manner for years together ,having accepted the requisite money from the consumer , is an instance of deficiency in service and the O.Ps are found to have committed the said deficiency in service for not taking any step to inform the complainant about the feasibility, if any, of the electric line applied for by the complainant. The complainant is ,therefore, entitled to get the relief as prayed for.

              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 a cost of Rs.10,000/- .

The O.Ps are directed to provide new electric line to the residential house of the complainant within 15 days of this order on war footing , because electricity service is an essential service, failing which, they will have to pay a sum of Rs.30,000/- as compensation for harassment and mental agony caused to the complainant in addition to payment of the cost as mentioned above.

              It is further mentioned here that the O.Ps  are at liberty to take police help ,if they are faced with any kind of obstacle while providing electric connection to the house of the complainant, and they may approach the concerned P.S for getting such police help for implementation of their scheme of drawing new electric connection to the house of the complainant and in that case, the concerned P.S shall remain bound to extend police help to the O.Ps.

             Let a copy of this order be sent to the O.C of the concerned P.S for taking necessary action, whenever approached to.  

         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