DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _60 OF ___2018_
DATE OF FILING : 11.5.2018 DATE OF PASSING JUDGEMENT: 30.08.2018
Present : President : Ananta Kumar Kapri
Member(s) : Jhunu Prasad & Subrata Sarker
COMPLAINANT : Sentu Sardar, son of late Bijay Sardar alias Kuchan Sardar of Sahebpur, Bagher More, Champahati, P.S Sonarpur, Pin-743330.
-VERSUS -
O.P/O.Ps : 1. Station Manager, WBSEDCL, Champahati Customer Care Centre,,Pin-743330.
2. Regional Head, WBSEDCL at 33/11, K.V S/Stn.,Kulpi Road, Padmapukur More, Baruipur, Pin-700 141.
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J U D G E M E N T
Jhunu Prasad, Lady Member
Treating the complainant as a Consumer, under C.P. Act 1986, the complainant has sought for interference of this Forum in respect of the fact and circumstances as complained of.
In diminutive, the case of the complainant is that, the complainant’s father was a consumer under the WBSEDCL Vide No. 215317 and the complainant’s father has been enjoying the electricity. The said electric line has been disconnected due to nonpayment of electric bill.
Thereafter, the complainant’s father died on 12.10.2016 living behind his outstanding dues of Rs.10,000/- for the electric bill of the WBSEDCL.
Thereafter, on 21.03.2018 the complainant deposited all outstanding dues of Rs.10,000/- along with reconnection charges of Rs.100/- and complied all formalities for reconnecting the electric connection to the complainant premises.
In spite of making payment of total outstanding dues and reconnection charges the Opposite Parties did not reconnect the electric connection to the complainant’s premises.
Hence, the case filed by the complainant for getting relief as prayed for.
Issued notices upon the Opposite Parties.
Notices were duly served upon the Opposite Parties.
Despite service of notices upon the Opposite Parties, the Opposite Parties did not bother to controvert the case by filing written version, so, the case is heard ex-parte against the Opposite Parties.
POINTS FOR DECISION:-
The point for determination in the instant case is whether the complainant is entitled to get the relief as prayed for, in the facts and circumstances of the case and in view of the material evidences on record.
Decision with Reasons:-
In order to prove his allegation set forth in the complaint, the complainant deposed in this case as sole witness by way of affidavit and also produced some documents in support of his case .
The main contention of the complainant is that, in spite of making full payment for reconnection of the electricity to the Opposite Parties, the Opposite Parties never intended to complete their part of performance.
None of the Opposite Parties ever appeared to contest the case by filing written version or raised any objection in the matter of reconnection in favour of the complainant .
On overall evaluation of the argument advanced by the Ld. Advocate of the complainant and on critical appreciation of the case record it is evident that the complainant is a son of the consumer of WBSEDCL being No. C – 215317 who enjoying the electric connection which is still lying in the name of his father Late Bijoy Sardar alias Kuchan Sardar.
But unfortunately complainant’s father since deceased left behind the dues of Rs.10,000/- against the afore said meter.
Due to non-payment of the electric bill the line has been disconnected by the Opposite Parties WBSEDCL, but the complainant being legal heir of Bijoy Sardar and as a beneficiary and as per demand of the opposite parties paid the dues of his father along with reconnection charges of Rs.100/- to the Opposite Party No. 1 on 21.03.2018.
Manifestly, it is found from the record that, in spite receipt of Rs. 10,000/- for outstanding dues and Rs.100/- for reconnection charges, the Opposite Parties did not pay any heed to reconnect the electric connection to the complainant premises.
Electricity is an essential service, as such it is essentially require for living in society. A consumer is entitled to get electricity from the supplier according to law. Section 43(1) of electricity Act,2003 lays down the specific provision for supply of electricity to a consumer, subject of compliance of the essential formalities and payment of charges. The Opposite Parties WBSEDCL has no legal right to raise any objection in the matter of giving electricity to the complainant. As per decision of the Hon’ble High Court, Kolkata, getting electricity is a fundamental right within the meaning of article 21 of constitution of India since the expression ‘Life’ under article has been construed to mean quality of life and life with all and benefits in a civilized society. There is no law which forbids the complainant to obtain electricity independently.
It is also kept in mind that the original consumer of the opposite parties expired and therefore to maintain the electric supply in order we direct the complainant to submit an application for change of name from his father into his name before the opposite parties and the opposite parties is to consider the same according to law and change the name of consumer from Bijoy Sardar to Sadananda Sardar accordingly.
Moreover, all the allegations made by the complainant never challenged by any of the Opposite Parties , even no Opposite Parties ever appeared to contest the case. Therefore, there are no reasons to disbelieve the unchallenged testimony of the complainant.
In light of the above analysis therefore, we are of the opinion that the complainant has successfully proved his case and entitled to get relief from the Opposite Parties and consequently the points for determination are decided in affirmative.
In short, the complainant deserves success.
In the result, we proceed to pass
ORDER
That the complaint be and the same is allowed ex-parte against the Opposite Parties WBSEDCL without any 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 for change of name in place of his father’s name .
Both Parties are directed to complete all formalities regarding the change of the name of the complainant in place of his father’s name for getting new electric connection in favour of the complainant within 15 days from the date of this order.
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 after change the consumer name from Bijoy Sardar to Sentu Sardar.
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 President
Dictated and corrected by me
