16.....24.08.2021.....
The complainant is present today . Today is fixed to deliver final order . Final order contain pages and it is ready. It is sealed, signed and delivered in open commission.
Hence it is,
ORDERED
That the complaint be and the same is hereby allowed on contest against the O.P. The O.Ps. are jointly /separately directed to install new electric line to complainant’s house as per Section 43 and 67 of the Electricity Act, 2003 by fulfilling necessary formalities within 60 (sixty) days from the date of the order.
Let a copy of the order be supplied free of cost to the parties concerned.
Final Order will also be available in the following website www.confonet.nic.in.
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
SOUTH 24-PARGANAS
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144
C.C. NO. 09 OF 2021
DATE OF FILING DATE OF ADMISSION DATE OF FINAL ORDER
03.02.2021 11.02.2021 24.08.2021
Present : President : Asish Kumar Senapati
Member : Jagdish Chandra Barman
Member : Sangita Paul
COMPLAINANT : 1. Smt. Soma Halder, W/o – Susanta Halder
Village & P.O. – Serpur, P.S. Usthi, Dist. – 24
Parganas (South)
Versus
O.P/O.Ps : 1. A.E. And Station Manager, W.B.S.E.D.C.L. Usthi, Usthi Customar Care Center, P.O. & P.S. – Usthi, Dist. – 24 Parganas (South)
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Smt. Sangita Paul, Member
This is a case filed by Mrs. Soma Halder, W/o. Sri Susanta Halder against Assistant Engineer Station Manager, WBSEDCL with a direction to the O.P.s to install new service line to the complainant’s house as per sections 43 and 67 of the Electricity Act, 2003 and regulations of WBSEDCL and to pay a sum of Rs. 1,00,000/- only for her harassment and suffering for mental agony and pain.
WBSEDCL is an enterprise run by the State Government for supplying electricity in West Bengal excepting the areas which fall under the jurisdiction of Kolkata Municipal Corporation.
Complainant by filing this case states that she is a bonafide customer of WBSEDCL vide Consumer ID No.1005339807 who is living with her husband and school going son. She applies for new meter before WBSEDCL. The O.P. conducted inspection of the matter at the complainant’s house and send a petition dated 13.03.2020 wherein complainant was asked to deposit Rs.447/-. Accordingly, complainant deposited the amount and received a payment receipt.
Within few days personnel of WBSEDCL fixed some electric poles on the common passage near the house of the company but a very strong objection came from the inhabitants of the said area and they prevented the personnel of WBSEDCL to install over head cable to the schedule premises. Since then the O.P. did not proceed.
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During the hot summer days complainant along with his family find it utterly impossible to deal without electricity despite observing all the required formalities. Complainant made several representatives in the office of O.P. Still the O.P. did not proceed or step further. The O.P. did not send his notice informing their difficulties in the matter to the complainant. The complainant informed that there are some space adjacent to the complainants house. That portion may be used for installation of electric connection. There is a common passage between Dag No. 2308 and Dag No. 2309 under Serpur Mouza. Still the O.P. did not take no step.
That the acts of the O.P. in the matter complained here are nothing but deficiency in service and unfair trade practice. Complainant is suffering immensely for finding no electric connection. Complainant and her family members are suffering mental pain and agony due to reluctance of the O.P. Hence, complainant prays for a direction upon the O.P. to install new service line in complainants house as per Section 43 and 67 of the Electricity Act, 2003 and to pay a sum of Rs. 1,00,000/- only for her harassment and mental agony and pain.
The O.P. in his Written Version states that the petition is not maintainable in Law or in facts. Complainant has failed to make out any complaint as envisaged under the purview of the C.P. Act, 2019.
That on receiving application from complainant for new connection at the complainants premises, the O.P. carried out an inspection to the said premises. It was found that two poles
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were required to reach the complainant’s house, there is also a road made of bricks. It is used by Sanatan Pathak, Sanjib Pathak and others. Sanatan Pathak, Prabir Pathak and Aloke Pathak are claiming that they are the owners of the said land / temporarily and did not allow to erect any pole from the fact new service connection to the premises of complainant. The O.P. filed a report before the Executive Magistrate on 25.01.2021 and reported that poles have to be required for effecting the said connection. As per regulation 3.2 of electricity, a clearance is required for new connection. It was also said that the licenses shall not be responsible for the delaying in providing supplying or service. If delay is on account of problems relating to a question of land, or the court in its statutory authority is required. Due to non availability of free access, it is not possible for O.P. to erect new line.
If all necessary formalities are completed with and if there is no obstruction raised by the 3rd party then the line will be erected. The O.P. also seeks police protection in case of any objection raised by the 3rd party. O.P. states that there is no deficiency in service on the part of the O.P. O.P. also prays for dismissal of complainant against him.
Notice was sent to the O.P. The O.P. contested the case. Both Complainant and O.P. agreed for the same purpose. Still the electric line is pending.
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POINTS OF DISCUSSION:
- Is the complainant a consumer ?
- Is the O.P. guilty of deficiency in service and unfair trade practice ?
- Is the complainant entitled to get relief or relieves as prayed for ?
DECISION WITH REASONS:
On perusal of records and documents, it is evident that complainant applied for an electric connection to the WBSEDCL i.e. the O.P. Complainant is a bonafied consumer of the O.P. vide ID No:104893222 and Application No.1005539807. Complainant applied for a new electric connection. On the receipt of application, the O.P. conducted an inspection on the meter room and send a quotation on 13.03.2020. Complainant deposited an amount of Rs. 447/- through e-payment to the O.P., WBSEDCL. Hence, the complainant is a consumer.
After few days, the O.P. fixed some electric poles on the common passage near the house of complainant. Complainant is deprived of getting an electric connection. O.P. is not able to erect the electric wires. As per O.P.s version, due to opposition of some inhabitants of the said area, O.P. does not succeed in its work. Since, the time of the installation of the electric poles, no work of laying over head wires have been done. Complainant is facing immense heat during Summer. In spite of several representations by the complainant, the
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aforesaid job is pending. Complainant was assured that the job would be done within three days, but nothing of the sort had been happened.
Complainant ran from pillar to post but she got no redressal. Complainant informed that there was a common passage between Dag No:2309 and Dag No:2308 under Serpur Mouza, P.S. – Usthi, Dist – South 24 Parganas. Complainant informed the O.P. of the common passage but no installation work has yet been done. A sketch of the said land also shows that O.P. will get access to erect the lines in between Dag 2308 and 2309. There is a village path made of bricks. The picture shows that the path is used by the general people. People used the path to meet their household duties. People residing in the area, are using the path for day to day work. They reached the main road following this path as the path is used by the general people. Then no question of the opposition of the land owner arises. Had it been the land of a particular person, he would not permit anybody to use it. The path is used by everybody. It may be used for laying and erecting poles for the electric line of complainant. A village path is not a personal property. So it must be used for lying electric wires that would lead to complainant’s house. Complainant deposited money in the WBSEDCL in the month of March, 2021. In the month of April, May and June complainant and her family endured unbearable difficulty. Complainant was harassed.. Once the electric poles have fixed to give the electric connection, the said line may be extended for electrification of the said area because electricity is an integral part of modern life. In the 21st century it is utterly
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impossible to lead a life without electricity. Without electricity one cannot advance in life. In this respect, the case of O.P. tantamount to deficiency in service and unfair trade practice. It is the duty of the O.P. to supply the electricity to the consumer and carried out works for the purpose of supplying electricity to the premises of complainant as per provisions of the Electricity Act.
In the result, the case succeeds.
Fees paid are corrected.
Hence,
ORDERED
That the complaint be and the same is hereby allowed on contest against the O.P. The O.Ps. are jointly /separately directed to install new electric line to complainant’s house as per Section 43 and 67 of the Electricity Act, 2003 by fulfilling necessary formalities within 60 (sixty) days from the date of the order.
Let a copy of the order be supplied free of cost to the parties concerned.
Final Order will also be available in the following website www.confonet.nic.in.
