DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS, AMANTRAN BAZAR, BARUIPUR,
KOLKATA-700 144
C.C. CASE NO. 89 OF 2018
DATE OF FILING : 31.07.2018 DATE OF JUDGEMENT: 25.04.2019
Present : President : Ananta Kumar Kapri
Member : Jhunu Prasad
COMPLAINANT : SHIBRAM SARDAR
S/o – Late Kalipada Sardar,
Residing at Village – Naskarpara, Sri Krishnanagar,
P.O. – Sri Krishnanagar, P.S. – Joynagar,
District – South 24 Parganas,
Pin : 743372.
O.P/O.Ps : DAKSHIN BARASAT CUSTOMER CARE CENTRE
West Bengal State Electricity Distribution Com. Ltd.,
Village – Dakshin Kalikapur, P.O. – Dakshin Barasat,
Pin : 743372.
__________________________________________________________________
J U D G M E N T
Sri Ananta Kumar Kapri, President
Frustration has haunted the complainant constantly when new electric connection was denied to him even after deposit of quotation money with the O.P. electricity distribution company and therefore the complainant has filed the instant case under section 12, C.P. ACT, 1986 with allegation of deficiency in service in order to get out of the frustration.
Facts leading to the filing of the instant case may be epitomized as follows.
The complainant applied for a new electric connection to his residential house and the O.P. also directed him to deposit quotation money. The complainant deposited the quotation money of Rs. 348/- on 19.07.2017 and also received consumer id no. 103477109. The O.P. and its men also conducted enquiry, having visited the house of the complainant. But, the avowed electric connection is yet to be provided to the complainant and therefore the complainant has come up before this forum with allegation of deficiency in service on the part of the O.P. for not giving electric connection to him after having received the quotation amount from him.
Hence, this case.
The O.P. is contesting the case by filing written statement wherein it is mainly contended inter alia that the complainant failed to arrange for way leave permission and therefore the new electric connection has not been given to the complainant. According to the version of O.P., there is no deficiency in service on the part of the O.P. as alleged and therefore, the complaint should be dismissed in limini.
Upon the averments of the parties, the following points are formulated for consideration.
POINTS FOR CONSIDERATION
- Is there any deficiency in service on the part of O.P./ department?
- Is the complainant entitled to get relief or reliefs as prayed for?
EVIDENCE OF THE PARTIES
Evidence is led on affidavit by the complainant. WS filed by the O.P. is
treated as his evidence, vide his petition dated 16.11.2018, kept in record. BNAs filed by the parties are also kept in record after consideration.
DECISION WITH REASONS
Point no. 1 & 2:
Now to see whether there is any deficiency in service on the part of the O.P. for not providing new electric connection to the house of the complainant. It is admitted fact that the complainant was directed to deposit quotation amount of Rs. 348/- by the O.P. and that the complainant has also deposited the same with the O.P. on 19.07.2017. When quotation amount is received by the O.P. and a consumer id is provided to the complainant by the O.P., the complainant becomes the consumer of the O.P. and the O.P. is duty bound to discharge his duty for which the quotation amount is received by him from the consumer. In the instant case, it has been argued on behalf of the O.P. that the complainant is bound to arrange for way leave permission under clause 3.2.1 (c) of notification 46 of the WBERC regulation and unless this provision is compiled with by the complainant, no new connection shall be given to the complainant / consumer. So, according to the version of the O.P., there is no deficiency in service on their part as the complainant himself has not complied with the provision of regulation. The aforesaid regulation provides that no new connection shall be given unless documents be submitted with the application as well as way leave permission as specified in format 1 of the regulation. From aforesaid regulation, it is crystal clear that the O.P. should have taken way leave permission and other documents from the complainant with his application for new connection. But, in this case quotation amount has been demanded from the complainant and the said amount has also been deposited with the O.P. by the complainant. The way leave permission should have been taken when application for new connection was made and now it is found that the aforesaid regulation has not been perfectly complied with by the O.P. Have that regulation been complied with properly by the O.P., the quotation money would not have been demanded by them from the complainant. As soon as, the quotation money is received by the O.P. from the complainant, the complainant becomes a consumer of the O.P. and in that case, the O.P. is bound to give new electric connection to the consumer. Any kind of delay in providing such connection to the consumer is deficiency in service on the part of the O.P. and therefore the complainant is deemed to be entitled to get relief or reliefs as hereunder.
In the result, the case succeeds.
Hence,
ORDERED
That the complainant case be and the same is allowed on contest against the O.P.
The O.P. is directed to provide new electric connection to the residential house of the complainant within a month of this order. If the O.P. is faced with any kind of inconvenience or obstruction by anyone else while drawing the electric line to the house of the complainant, he is at liberty to seek police help for the aforesaid purpose. At the same time, the officer-in-charge of Joynagar P.S. is directed to extend if necessary, police help to the O.P. whenever he is approached to, by him. If the O.P. fails to execute this order within the aforesaid period, he will have to pay a sum of Rs. 20,000/- as compensation to the complainant in addition to providing new electric connection to the house of the complainant. Let a copy of the order be also sent to the officer-in-charge of Joynagar P.S. for his information and taking necessary action.
Registrar-In-Charge of this Forum is directed to deliver a copy of the judgment free of cost to the parties concerned.
I / We agree
Member President
Dictated and corrected by me
President
