DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS ,

AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144

                C.C. CASE NO. _57_ OF ___2016_

DATE OF FILING : 16.6.2016               DATE OF PASSING JUDGEMENT:19/05/2017

Present                      :   President       :  

                                        Member(s)    :    Jhunu Prasad  &  Subrata Sarker                                     

COMPLAINANT        :Sadananda Sardar, Vill. Nimpith, P.O Nimpith Ashram, P.S    Joynagar, Dist. South 24-Parganas  , Pin- 743338

-VERSUS  -

O.P/O.Ps                   :   1. Joynagar C.C.C , W.B.S.E.D.C.L, SH-I  , Jaynagar Mazilpur, Jaynagar, S-24PGs.

                                      2. Pulin Mistri & Shyamal Mistri, Vill. Nimpith, P.O Nimpith Ashram, P.S. Jaynagar, South 24-Parganas, Pin-743338. 

___________________________________________________________________

                                                            J  U  D  G  E  M  E  N  T

Jhunu  Prasad, Lady  Member                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            

The complaint supported by an affidavit sworn by the complainant Sri  Sadananda Sardar speaks out that for providing new electric connection in his premises at vill –Nimpith, P.O. Nimpith  Ashram, P.S.-Jaynagar, Dist- South 24 Pgs, Pin- 743338, he applied for electric connection before the Op. No.1, WBSEDCL which was registered as being No. 100216190  Ref.ID No.101846111.s

Accordingly the OP.No.1 WBSEDCL issued quotation and the complainant paid Rs.447/- as quotation money.

 Thereafter the staff of the OP.No.1 WBSEDCL went to the local for providing new electric connection, but due to strong objection raised by Pulin Mistry, Siddheswar Mistry and Rabin Mistry, the OP.No.1 can’t provide the new electric connection in the premises of the complainant.

Thereafter the complainant lodged complain before the C.A & FBP, but the matter was not settled.

Hence, the complainant filed this instant complaint for getting relief as prayed for.

Issued notices upon the OPs.

In spite of receiving notice the OP. No.2 did not appear to controvert the case by filing written version. So ,the case is heard exparte against OP.No.2

OP.No.1 WBSEDCL appeared through Ld. Advocate and contested the case by way of filing written version.

            Resisting the complaint, the OP.No.1 WBSEDCL filed written version denying contention and all material allegations, made by the complainant in the petition of complaint by stating inter alia that the complainant is not a consumer and has no locus standi to file the complaint and the complaint is bad for non joinder of necessary parties.

            In written version the OP.No.1 WBSEDCL stated that the complainant applied for new electric connection in his premises before the OP.No.1 WBSEDCL, accordingly all formalities have been made by the complainant. But due to way leave problem the said electric connection could not been provided to the complainant. Although the Asst. Director, C.A.& F.B.P South 24 PGs directed the complainant to arrange necessary way leave, but the complainant did not do so.

            In the written version the OP.No.1 WBSEDCL also stated that at the time of inspection for providing new electric connection at the premises of the complainant one number of 8 meter PCC pole to be installed on the common pathway and nobody raised any objection. But on 31.05.2016 at the time of providing electric connection of the complainant’s premises by OP.no.1.WBSEDCL, Assistant Engineer, Station Manager, Joynagar CCC of WBSEDCL and the staff of Baruipur R.E. project officer went to the locale, but  due to strong objection raised by Pulin Mistry, the OP.No.1 WBSEDCL could not be able to execute the installation work of electricity and they lodged one G.D.E at Joynagar P.S.

            In the written version filed by the OP. No.1 WBSEDCL also stated that as per clause 3.2.1©  under WBERC Regulatory Commission the complainant could not arranged way leave to provide new electric connection.

            Therefore the OP.No.1 WBSEDCL has no deficiency in service and the instant complaint should be dismissed in limini.

POINTS FOR DECISION:-

1) Is the complainant a consumer or not?

2) Is there any deficiency of service on the part of the OP.

 3) Whether the complainant is entitled to get any relief as prayed for?

DECISION WITH REASONS:-

At the time of argument the complainant and the OP.NO. 1 filed affidavit –in- chief, BNA, and some Xerox copies of documents to support of their claim.

We have carefully considered the submissions made before us by the Ld. Advocate of the complainant and OP.NO.1 and perused all the material documents on record.

On overall evaluation of the case record, it is evident that admittedly the complainant applied for new electric connection and the complainant  paid Rs.447/- as quotation money and also willing to pay all the law full dues for getting electricity, So we are of the view that the complainant is a consumer u/s 2(1)(d) of C.P. Act 1986.

From the record and documents it reveals that OP.No.1 WBSEDCL went to the spot to provide the new electric connection in favour of the complainant at his residence.But due to strong objection raised by Pulin Mistry,the O.P-2.the complainant failed to provide access for getting new electric connection.

Fact remains that the OP.No.1 WBSEDCL, tried to convince us about their bonafide approach in the matter by stating that after being resisted by the third party objector it lodged complain before the local P.S. with police help, but the WBSEDCL did not take any legal steps against the third party objector. Mere lodging any complain before local P.S. will not meet the basic legal approach to be taken by the OP.No.1 WBSEDCL. Getting electricity is fundamental right of citizen of India. In such situation prayer for electricity advanced by the complainant brushed aside likely. Electricity is necessary service which cannot be denied under any ground. In this case inaction by not taking proper legal steps against the third party objectors by the OP.No.1 WBSEDCL tantamount to gross deficiency of service on their part u/s 2(1)(g) of C.P. Act 1986.

Therefore, we have no hesitation to hold that the complainant is entitled to get relief as prayed for and consequently the points for determination are decided in affirmative.

In short, the complainant deserve succeeds.

In the result we pass

                                                      ORDER

That the complaint be and the same is allowed on contest against the OP. No. 1 WBSEDCL  and exparte against OP.No.2.without cost.

That the complainant does get an order of getting new electric connection in his premises in question subject to fulfillment of the prescribed formalities.

That the OP. No.1 is directed to provide new electric connection in favour of the complainant at his premises within 30 days from the date of this order.

That on receipt of the intimation regarding date of installation from the OP.No.1 WBSEDCL, the complainant will apply for police help to S.P. south 24 Pgs. If the complainant applies and if he deposits cost for police help as per the Govt.of W.B. rules and order, then the S.P. south 24 PGs will provide the complainant with requisite police help for the purpose of installation of electricity work in the house of the complainant.

That the OP.NO.2 Sri Pulin Mistry,their men and agents are hereby directed not to create any disturbance at the time of installation work of new electric connection in favour of the complainant at his premises.

In the event of default or failure to supply electricity within the aforesaid period owing to exclusive laps of the OP.No.1 WBSEDCL, then the OP.No.1 shall be liable to pay of Rs.50/- per day as penalty u/s 43(3) of electricity Act 2003,which will be payable to the Consumer Legal Aid Fund.

Besides, the complainant shall be at liberty to take recourse of execution of this order u/s 25/27 of C.P. Act 1986.

There will be no order regarding compensation and costs.

Let copy of this order be supplied to the party/parties free of cost when applied for.

Member                                                                               Member

Dictated and corrected by me

                        Member

The judgment in separate sheet is ready and is delivered in open Forum. As it is ,

                                                      ORDER

That the complaint be and the same is allowed on contest against the OP. No. 1 WBSEDCL  and exparte against OP.No.2.without cost.

That the complainant does get an order of getting new electric connection in his premises in question subject to fulfillment of the prescribed formalities.

That the OP. No.1 is directed to provide new electric connection in favour of the complainant at his premises within 30 days from the date of this order.

That on receipt of the intimation regarding date of installation from the OP.No.1 WBSEDCL, the complainant will apply for police help to S.P. south 24 Pgs. If the complainant applies and if he deposits cost for police help as per the Govt.of W.B. rules and order, then the S.P. south 24 PGs will provide the complainant with requisite police help for the purpose of installation of electricity work in the house of the complainant.

That the OP.NO.2 Sri Pulin Mistry,their men and agents are hereby directed not to create any disturbance at the time of installation work of new electric connection in favour of the complainant at his premises.

In the event of default or failure to supply electricity within the aforesaid period owing to exclusive laps of the OP.No.1 WBSEDCL, then the OP.No.1 shall be liable to pay of Rs.50/- per day as penalty u/s 43(3) of electricity Act 2003,which will be payable to the Consumer Legal Aid Fund.

Besides, the complainant shall be at liberty to take recourse of execution of this order u/s 25/27 of C.P. Act 1986.

There will be no order regarding compensation and costs.

Let copy of this order be supplied to the party/parties free of cost when applied for.

Member                                                                               Member