DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 0144
C.C. CASE NO. _79 _ OF ___2017
DATE OF FILING : 21.06.2017 DATE OF PASSING JUDGEMENT: _13.7.2018_
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker & Jhunu Prasad
COMPLAINANT : Pradyut Chatterjee, son of late R.K Chatterjee of Vill. Palpali, Post Nagartala, Dist. South 24-Parganas, Pin-743376.
O.P/O.Ps : 1. The Regional Manager, Baruipur Region, WBSEDCL, 33/11, KV Sub Station Premises, Baruipur Padmapukur Road, Kolkata- 144.
2. The Assistant Engineer and Station Manager, Jibantala CCC, WBSEDCL, Pin-743376.
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J U D G M E N T
Sri Ananta Kumar Kapri, President
The nub of the facts leading to the filing of the instant case by the complainant is that the complainant is a senior citizen having domestic electric connection from the O.P-2. But he has been facing a lot of problems due to low voltage and irregular supply of electricity day after day for a continuous period of four years. An order was passed on 26.4.2016 by the Grievance Redressal Officer of WBSEDCL , South 24-Parganas Region Office, directing thereby the O.P-2 to install a new Transformer within one month of the order to solve the low voltage problem in the concerned area. That order is yet to be implemented and as a result, the complainant is still facing the said problems of low voltage. Hence, he has prayed for issuing a direction to the O.Ps to install the Transformer within shortest possible time and to pay compensation for harassment and mental agony of the complainant. Hence, this case.
Written statement is filed on behalf of the O.Ps , contending inter alia that the inspection was made for installation of a Transformer at the proposed site, but installation could not see the light of the day due to way-leave problem. Complainant has no cause of action and, therefore, the case should be dismissed in limini with cost.
Upon the averments of the parties following points are formulated for consideration.
POINT FOR DETERMINATION
- Have the O.Ps made themselves guilty of deficiency in service by neglecting to alleviate the suffering , the complainant has been facing day by day?
- Is the complainant entitled to get relief or reliefs as prayed for ?
EVIDENCE OF THE PARTIES
Evidence on affidavit is filed on behalf of both the parties . Questionnaires, replies filed by the parties are also kept in the record after consideration.
DECISION WITH REASONS
Point no.1 & 2 :
In the instant case, much of the facts as alleged by the complainant stand admitted by the O.Ps in their written statement. It is admitted fact that the complainant has been running from pillar to post from 19.9.2014 to 25.4.2017 for getting his problem solved. The problem is not of his own only. But the problem is also of the people of the concerned area of the complainant . The problem is that the concerned area does never get full voltage power and thereby the complainant and other residents of his area are being victimized to harassment and inconvenience day after day. Many letters have been shot to the authorities of the Electric Department; the complainant has also personally met them for redressal of his grievance. But everyone has turned a deaf ear to his grievance . Last of all, a tripartite meeting was held on 29.9.2016 by Grievance Redressal Officer of WBSEDCL with the S.M, Canning CCC and S.M, Jivantala CCC and a final order was passed by him on the decision of the meeting, directing thereby to the O.P-2 to install a new Transformer within one month of the order . But the installation of the Transformer is yet to see the light of the day. O.P-2 has maintained inertia so long; he has taken no step for installation of the Transformer in the area of the complainant and to give effect of the order passed by the Grievance Redressal Officer of WBSEDCL. The explanation furnished by the O.P-2 is that he went to implement the said order but could not do so due to way leave problem. This explanation on the part of the O.P-2 appears to be a subterfuge. He has not been able to produce any copy of application which has been filed before him ,objecting the installation of Transformer in the proposed site.
That apart, teething problem may always come on the way while proceeding to do a thing and the Officers ,who are entrusted with the implementation of the task, will have to remove the teething trouble after having considered the situation. O.P-2 has not done the installation of Transformer for a long time and now to cover up his long continued latches, he seems to have cooped up an excuse of his own. Regards being had to all these, we feel no hesitation to say that it is nothing but callous attitude of the O.P-2, for which the Transformer has not been installed at the proposed site so long . It has also gone to the notice of the O.P-1, who is the Higher Authority of O.P-2. He should have taken positive initiative to solve the problem. It is not a fact that the problem has not been brought to his notice by the complainant. But, he has also not taken any positive and fruitful step; he has not also issued any fruitful instruction to the O.P-2, so that the order passed by the Grievance Redressal Officer of WBSEDCL is implemented forthwith. Inaction on the part of both the O.Ps appears to be gross negligence and deficiency in service on their part, for which the complainant has suffered a lot of harassment and mental anguish along with his villagers.
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 install a Transformer in the area of the complainant within a month of this order positively, failing which , the complainant is given liberty to execute this order and in that case, the O.ps will have to pay a sum of Rs.50,000/- as compensation with interest @10% p.a on the amounts of compensation and cost ,from the date of default till realization, out of which 50% will be given to the complainant and rest 50% will be deposited in the Consumer Legal Aid Fund of this 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
