West Bengal

South 24 Parganas

CC/35/2015

Sri Biswajit Mondal, S/O Smt. Renuka Mondal. - Complainant(s)

Versus

1. The Station Manager, West Bengal State Electricity Distribution Company Limited. - Opp.Party(s)

Somnath Gangopadhyay.

03 Feb 2016

ORDER

                  DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM

SOUTH 24 – PARGANAS , JUDGES’ COURT, ALIPORE KOLKATA-700 027

 

C.C. CASE NO. ___35__ OF ___2015____

 

DATE OF FILING : 20.7.2015_     DATE OF PASSING JUDGEMENT:_03.2.2016____

 

Present                         :   President       :   Udayan Mukhopadhyay

 

                                        Member(s)    :   Sharmi Basu  &  Subrata Sarker

 

COMPLAINANT                   :  Sri Biswajit Mandal,s/o Smt. Renuka Mandal of

Village Bidira Ray Para Raniya, P.O Kamra, P.S. Nodakhali, Dist. South 24-Parganas.

 

-VERSUS  -

 

O.P/O.Ps                                 : The Station Manager, West Bengal State Electricity Distribution Company Limited, Budge Budge Group Electric Supply, Dongaria, P.S. Nodakhali, Dist. South 24-Parganas, Pin-743318.

________________________________________________________________________

 

                                                            J  U  D  G  E  M  E  N  T

 

 Udayan Mukhopadhyay, President

 

            This is an application under section 12 of the C.P Act, 1986 filed by the complainant on the ground that he has applied for domestic electric  connection on 18.2.2013 for his house to the office of the O.P and deposited Rs.200/- vide Money Receipt which is annexed as Annexure A. it has been further stated that O.P conducted inspection at the house of the complainant and being satisfied on 20.3.2013 issued quotation dated 15.3.2013 directing the complainant to deposit a sum of Rs.230/- which has already been paid which is marked as Annexure B. It has further stated that thereafter in the month of April 2013 O.P visited the house of the complainant and told the complainant to arrange some electric apparatus at the place where the electric meter will be installed and to inform them within 15 days thereafter. Accordingly complainant already complied all the formalities and informed the O.P within one week. It has stated that complainant is residing in his house with his wife and only minor son aged about 8 years old who is suffering from severe  pulmonary stenosis and PFO and it is very risky to keep his ill son in hot and humid weather without electricity and the complainant is a daily labor of mason. A copy of report of Echocardiography/colour Doppler studies dated 27.9.2012 of his son is annexed as annexure D. It has been stated by the complainant that O.P being a service provider did not pay any heed to it for installing electric meter within one month from the date of receipt of security deposit. Hence, this case with a prayer for installation of new electric meter and supply of electricity in the house of the complainant and to pay cost and compensation.

            The O.P is contesting the case filing written version and has denied all the allegations leveled against the O.P. It is the specific case of the O.P that after compliance of necessary formalities for new connection, they went to the locale for effecting electric connection  but neighbours of the complainant namely Palan Mondal prevented the O.P from proceeding with installation of new electric connection. Thereafter, further inspection was held on 27.2.2015 when said Palan Mondal vehemently opposed the persons of the O.P from effecting electric connection, for which, complainant failed to arrange free way leave ,which is a pre-condition of Regulation no.46 for getting new electric connection and complainant has to arrange free way leave ,which complainant failed to do ,for which, O.P is unable to install connection and as such present case is not maintainable and should be dismissed in lemini.

            Points for decision in this case is whether the O.P made any deficiency in service by not installing new electric connection in the house of the complainant or not.

                                                            Decision with reasons

            Admittedly complainant deposited security deposit as well as earnest money and it is also admitted that the complainant has to arrange all formalities for getting new electric connection in his house. But the O.P has claimed that due to strong objection of one Palan Mondal they were unable to install new electric connection and O.P has taken shelter of Regulation 46 ,56,64 of WBERC ,wherein, one of the pre-condition of the Regulation is that for effecting new electric connection complainant has to arrange free way leave which the complainant has miserably failed to do.

            For argument sake if that be the position that O.P wanted to install new electric connection and since one Palan Mandal resisted and opposed the men of the O.P ,they were unable to install electric connection, they why the security deposit and earnest money was held up and why the same were not returned to the complainant. This is unfair trade practice because in one hand O.P has accepted the security deposit and earnest money and on the other , they are unable to install new electric connection due to the ailment of his minor son. We are aware the verdict of the Hon’ble Apex Court that any citizen should get electricity and water if they wanted to get the same after performing necessary formalities and in that event O.P being a Station Manager of WBSEDCL ought to have taken assistance of local Police Station soon after said Palan Mandal raised objection in the matter of installation of new electric connection in the house of the complainant. But mere whisper in the written version  is not sufficient to say that Palan Mandal raised objection, for which they are unable to provide electric connection in the house of the complainant. Sitting in a Bench of Consumer Court we find it is a sheer negligence of the O.P to the down towards people like this consumer who is a mason and somehow maintain his livelihood. We should not shut our eyes on the realities. It is the duty of the Station Manager to arrange supply of electricity with the assistance of the police authority ,particularly when he is duty bound to supply new electric connection when O.P accepted earnest money and security deposit ,but inevitable did not happen. Hence, we find that complainant has been able to prove his case of deficiency in service and unfair trade practice on the part of the O.P .

            Hence,

                                                                        Ordered

That the application under section 12 of the C.P Act, 1986 is allowed on contest.

The O.P is hereby directed to arrange new electric connection in the house of the complainant within 30 days from the date of this order and in that event if any Palan Mondal or any neighbors raised any objection ,then Station Manager has liberty to take assistance from the local Police Station since the men and officers are performing the job which is “On duty”, failing which O.P have to pay compensation to the tune of Rs.10,000/- to the complainant . But if the electric connection is installed within the stipulated period, then the O.P need not require to give any compensation whatsoever .

Officer-in-Charge of Nodakhali P.S. is hereby directed to extend their cooperation in the matter of installation of electric meter and new electric connection in the house of the complainant , if the men and officers of the O.P come to their end for assistance since one Palan Mandal and other raised strong objection and prevent them from effecting new electric connection. The Officer-in-Charge of Nodakhali P.S. is also to see that on duty Officers and men of the O.P WBSEDCL should not be harassed by the hands of Palan Mondal  or others at the time of installation of new electric connection in the house of the complainant Biswajit Mandal .

O.P is directed to pay litigation cost of Rs.2000/- to the complainant within 30 days from this date. 

Let a plain copy of the judgement be supplied to the complainant free of cost  and a plain copy be sent to the Opposite parties  at their address as mentioned in the Cause title through this Forum free of cost.  Office to do the needful.

               

Member                                               Member                                               President

 

Dictated and corrected by me

 

 

 

                        President

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

 

Ordered

That the application under section 12 of the C.P Act, 1986 is allowed on contest.

The O.P is hereby directed to arrange new electric connection in the house of the complainant within 30 days from the date of this order and in that event if any Palan Mondal or any neighbors raised any objection ,then Station Manager has liberty to take assistance from the local Police Station since the men and officers are performing the job which is “On duty”, failing which O.P have to pay compensation to the tune of Rs.10,000/- to the complainant . But if the electric connection is installed within the stipulated period, then the O.P need not require to give any compensation whatsoever .

Officer-in-Charge of Nodakhali P.S. is hereby directed to extend their cooperation in the matter of installation of electric meter and new electric connection in the house of the complainant , if the men and officers of the O.P come to their end for assistance since one Palan Mandal and other raised strong objection and prevent them from effecting new electric connection. The Officer-in-Charge of Nodakhali P.S. is also to see that on duty Officers and men of the O.P WBSEDCL should not be harassed by the hands of Palan Mondal  or others at the time of installation of new electric connection in the house of the complainant Biswajit Mandal .

O.P is directed to pay litigation cost of Rs.2000/- to the complainant within 30 days from this date. 

Let a plain copy of the judgement be supplied to the complainant free of cost  and a plain copy be sent to the Opposite parties  at their address as mentioned in the Cause title through this Forum free of cost.  Office to do the needful.

               

Member                                               Member                                               President