23......11.04.2022...
Today is fixed for delivery of judgment/final order.
Final order is ready. It is sealed, signed and delivered in open Forum/Commission.
It is ordered that,
That the complaint be and the same is hereby allowed on contest against the OPs.
OP No.1 is hereby directed to install new electric line at the complainant’s house as per Section 43 and 67 of the Electricity Act, 2003 by fulfilling necessary formalities within 60 days from the date of this order.
OPs 2, 3 and 4 are directed not to create any nuisance at the time of installation of electric line.
In case of any disturbance, complainant may take help of police. Joynagar Police Station to expedite the process.
Let a copies of the order be supplied free of cost to the parties concerned.
Final order will be available in the following website www.confonet.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C.NO._200_ OF 2019
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
30.04.2021 12.05.2021 11.04.2022
Present : President : Debasish Bandyopadhyay
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : Sudip Mondal , Son of Bantul Mondal
residing at Vill – Chatra, P.O. – Chatra Maldanri,
P.S. – Joynagar, District- South 24-parganas,
Pin – 743 337.
Versus
O.P/O.Ps :1. Station Manager / Assistant Engineer Dakshin Barasat WBSEDCL, Pin – 743 372
2. Mahadev Mondal, S/o. Santosh Mondal
3. Phala Mondal, S/o. Santiram Mondal
4. Manik Mondal, S/o. Santiram Mondal
all residing at Vill – Chatra, P.O. – Chatra Maldanri, P.S. – Joynagar, District- South 24-parganas, Pin – 743 337.
Smt. Sangita Paul, Member
This is a case filed by Mr. Sudip Mondal, S/o. Bantul Mondal of Village Chatra, against Station Manager and Assistant Engineer, Dakshin Barasat WBSEDCL, Mahadev Mondal, S/o. Santosh Mondal, Phala Mondal and Manik Mondal S/o. Santiram Mondal, of Village Chatra with a direction to the OP No.1 to connect the electric line and install meter in the house of complainant.
WBSEDECL is an enterprise run by the State Government for supplying Electricity in West Bengal excepting the areas which fall within the jurisdiction of Kolkata Municipal Corporation. Station Manager and Assistant Station Manager of Dakshin Barasat WBSEDCL are OP No.1.
OP No.2 is Mahadev Mondal, S/o. Shri Santosh Mondal. He resides at Village – Chatra and P.O. Chatra Maldanri. P.S. – Joynagar, Dist. – south 24 Parganas, Pin – 743 337.
OP No.3 Phala Mondal and OP No.4 Manik Mondal are the sons of Santiram Mondal. Both of them are residing at Village Chatra, P.O. – Chatra Maldanri, P.S. – Joynagar, Dist. – South 24 Parganas, Pin – 743 337.
Complainant, by filing thais case states that complainant and the OPS 2, 3 and 4 are residing in the same plot of land under Mouza – Chatra, J.L. 74, P.S. – Joynagar, Khatian No. LR 599 under Dag No.411 and 407.
Originally, the plot of land was owned by complainant’s father, Bantul Chandra Mondal who is still alive. He permitted to construct house on the said plot of land. Complainant has been living over there since long period of time, but his is not enjoying any electric connection. As a result, complainant applied for electric connection to WBSEDCL of Dakshin Barasat Group electric supply being application No.1003837124 & Ref. ID No.103382427.
OPs No.2, 3 and 4 are living by the front side of the main road.
Complainant deposited the amount of Rs.447/- as security deposit as per procedure 29 (C) of WBSEDCL, procedure A (2010) and fixed quotation due date 07.08.2017 as per direction of Assistant Engineer, Dakshin Barasat Group Electric Supply. Complainant met with Assistant Engineer for several times for new electric connection. Complainant met with Assistant Engineer on 14.11.2019 for the last time and cause of action arose on and from 14.11.2019 and is still continuing.
Complainant states that he is living behind the house of OPs 2, 3 and 4 and there is a common passage which leads to complainant’s house. But OPs 2, 3 and 4 resist so that complainant cannot get the line through that passage. Father of complainant is 80 years old and he is suffering from various ailments. So electricity is very essential OP No.1 is negligent in providing electric connection.
Hence, complainant prays for directing the Assistant Engineer / Station Manager of Dakshin Barasat Group Electric Supply WBSEDCL to connect the electric line and install the meter in the house complainant.
OP No.1 in his written version states that the petition is not maintainable. Complainant has malafide intention that the allegations contained in the petition are denied by OP No.1.
OP No.1 stated that complainant had applied for a new service connection on 09.05.2017 vide application No.1003837124 for domestic purpose at village Chatra and also deposited the quotation money of Rs.447/- on 09.05.2017. OP No.1 inspected the spot and it was found that complainant had been living with his father viz Bantul Mondal in the said premise. OPs 2, 3 and 4 are living at the front side of the main road and each of them had separate meter connection and complainant is living behind the houses of OPs 2, 3 and 4 and there is a common passage of about 50 feet long and 3 feet wide which enters into complainant’s house. OP No.1 states that they approached to erect poles for giving electric line but due strong opposition raised by OPs 2 and 4, OP No.1 failed to execute the work.
OP No.1 stated that OPs 2 and 4 raised strong objection for not giving the line to complainant through the common passage. Because there is a dispute between complainant and OPs 2 and 4 relating to the land and a civil case is pending before the Civil Court at Baruipur against complainant. OP No.1 states that due to pending civil suit OP No.1 is unable to execute the work of installation.
As per Electricity Regulations, the licensee is not held responsible for the delay in executing the work of installation.
OP No.1 further states that if complainant is a legal occupier of the said land then OP No.1 is duty bound to provide electric connection. But due to non-availability of way leave permission to the said premises. It is not possible to execute the work of installation. That the OP will give supply to complainant on compliance of all necessary formalities.
OPs 2, 3 and 4 in their written objection state that the case is not maintainable according to law. They state that the case is barred by consumer Protection Act. That the case is barred by suppression of material facts. That the case is burred by non-joiner and mis-joiner of necessary parties. That the description of the said property is vague. The allegations made in the complaint are absolutely false and the OPs 2, 3 and 4 deny the same. It is stated by OPs 2, 3 and 4 that complainant’s father and other co-sharers live in LR Dag No.408 Area of land is 3 Dec. OPs 2, 3 and 4 state that complainant has no right over the property. His only motive is to disturb the OPs 2, 3 and 4.
OPs 2, 3 and 4 pray for dismissal of the case.
Notices were sent to the OPs. OP No.1 appears on 10.01.2020. OP No.1 files W/V on 10.02.2020. Ld. Lawyers of OPs 3 and 4 appear by filing power. On 24.02.2020 OPs 2, 3 and 4 file W/V. On 17.03.2021 OP No.1 files BNA. And we proceeded for giving judgment.
Points of Discussion :
- Is the complainant, a consumer?
- Are the OPs guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
- Complainant lives at Village Chatra, P.O.-Chatra Maldinri, P.S.-Joynagar, South 24 Parganas. OPs 2, 3 and 4 viz Mahadev Mondal, Phala Mondal and Manik Mondal respectively are residing in the same plot of land, under Mouza Chatra. JL 74, P.S. – Joynagar, Khatian No.LR599 under Dag No.411 and 407. Complainant’s father Shri Bantul Mondal is still alive. He permitted OPs 2, 3 and 4 to construct dwelling house on the said plot of land. OPs 2, 3 and 4 are living in the said plot having electric connection, but complainant has no electric connection, though he applied for the same to WBSEDCL, Dakshin Barasat Group being application No.1003837124 and Reference ID No.103382427. Complainant deposited Rs.447/- through e-payment to WBSEDCL of which Rs.200/- is service connection charge and Rs.247/- is the security deposit. The payment slip is attached herewith. As complainant made payment for electric connection, he is a consumer. So the 1st point is settled in favour of complainant.
- The applicant met with Assistant Engineer and Station Manager of Dakshin Barasat for new electric connection, but with no result. But the OPs 2 and 3 resisted vehemently so that complainant cannot get the line. OP No.1 also states that, complainant is a land lord, then he has every right to get electric connection. Due to non-availability of permission from OPs 2, 3 & 4. OP No.1 is unable to give line. This kind of act tantamounts to deficiency in service and unfair Trade practice. OPs 2 to 4, by filing a petition states that a civil suit is pending before Civil Court, Baruipur. So, the OPs 2, 3 and 4 are of opinion that complainant is not entitled to get electric connection using the common passage. From the sketch of the land, it is clear that there is a common passage at the South of complainant, Sudip Mondal’s house i.e. Plot No.41. Just beside the houses of Manik Mondal and Mahadev Mondal, there is the common passage which is made of brick. The brick pathway leads to Panchayat Road. One pole has to be erected at the South of complainant’s house for giving electric connection. This pole will be connected with another pole situated on the Panchayat Road. No question of opposition should arise from OPs No.2, 3 and 4. Due to strong opposition by the OPs 2, 3, 4 police help is required from Joynagar Police Station. Police force is required to accompany the officials of WBSEDCL i.e. OP No.1. In the case, Madan Lal Vs. State of Himachal Pradesh, High Court states that if the title dispute is pending before considerable period, there is no reason to deny complainant’s family, the basic amenity of electricity subject to their payment of requisite charges. On the other hand, licensee i.e. OP No.1 has elaborate provisions which are to be exercised for providing electricity to any premise as per Part-VII of the Electricity ?Act, 2003.
In Mantu Gharai Vs. West Bengal State Electricity Distribution Company Limited it was observed that right to get electricity connection is now considered as an extended fundamental right.It is the statutory duty of the licensee to provide electric connection.Complainant is the co-sharer of the plot of land which is yet to be decided by the Civil Court, Baruipur.Everybody has got the connection, then complainant is also entitled to get the electric connection.No dispute arises on the fact.The objection raised by OPs 2, 3 and 4 is infructuous.They bar complainant of enjoying electricity.OP No.1 has also delayed in doing the necessary work, in spite of receiving required change.Their act is also an example of unfair trade practice and deficiency in service.Hence, the 2nd point is settled in favour of complainant.
- Complainant applied for electricity and paid the requisite charge of Rs.447/- on 09.05.2017. Yet he is deprived of getting the electricity, one of the basic amenities of life. No step is taken by OP No.1 for providing electricity to complainant. OPs 2, 3 and 4 are in a mood to obstruct the work of laying electric wires and fixing poles. Complainant is suffering for long period of time. His aged father and other family members are also suffering. In this respect, complainant is entitled to get relief as prayed for.
In the result, complaint succeeds.
Hence,
ORDERED
That the complaint be and the same is hereby allowed on contest against the OPs.
OP No.1 is hereby directed to install new electric line at the complainant’s house as per Section 43 and 67 of the Electricity Act, 2003 by fulfilling necessary formalities within 60 days from the date of this order.
OPs 2, 3 and 4 are directed not to create any nuisance at the time of installation of electric line.
In case of any disturbance, complainant may take help of police. Joynagar Police Station to expedite the process.
Let a copies of the order be supplied free of cost to the parties concerned.
Final order will be available in the following website www.confonet.in.
