Smt. S. S. Ali, President-in-Charge
The complainant’s case in brief is that,
The complainants’ applied for new domestic electric connection at his residence at plot no. 4445 of Mouja Brajalalchak under PS Chandipur Dist; Purba Medinipur, before the opposite party and he paid RS 200/- on11-06-2012as earnest money and also paid the quotation money of RS 301/- on 03-09-2012, but till date he did not get any electric connection in spite of payment of requisite fees, hence this case.
The opposite party contested the suit by filling W/V and also filed WNA wherein all material allegations made against him had been denied. It is interalia stated that the staffs of WBSEDCL went to effect service connection at the applicants domestic premises on 9-10-2012 for effecting new service connection but the same could not be effected due to strong objection from the local people ,there after the OP received a written objection on 10-10-2012 from one Santosh Kumar Ghorai and one Mantu Ghorai, and the OP asked for fresh way leave from the complainant vide memo no. CDP/CCC/647 dated 10-10-2012. Hence he prayed for dismissal of the case.
Point for consideration
Whether the complainant is entitled to any relief as prayed for?
Decision with reason
We have carefully gone through the photocopies of the document filed by the parties on record as also the W/N/A filed by both the parties. Considered the submissions made by the Ld Advocates of both the parties.
Admittedly the complainant deposited earnest money as well as the quotation money on 11-06-12 and 03-09-2012 respectively for new electric service connection at his residence. It is also not disputed that resistance was made by the local people. The photo copy of the Dakhila of dag no 4445 under ps chandipur in the name of the complainant and also the money receipt issued by Kulbari Gram Panchayat of RS 300/- as fee for construction of dwelling house goes to show that the complainant is a permanent resident of the demised plot in dag no. 4445.Further more from the documents filed by the complainant it goes to show that the house of this complainant is adjacent to the main road and also a letter addressed to the gram prodhan dated 19-11-2009 goes to show that objectors at present gave their NO-OBJECTION in favour of the complainant regarding construction of his house . After 10-10-2012 the OP did not make any effort to effect electric connection to the house of the complainant. In view of the discussion made above and with regard to the materials on record we feel that the complainant is entitled to ,a direction upon The OP for release of new electric connection in favour of the complainant in his demised premises as described by him and according to the way leave as shown by a sketch map attached by the complaint along with his documents.
The above point is disposed in favour of the complainant.
ORDERED
That the instant complaint case be the same is allowed on contest against the opposite party. The opposite party is directed to release electric service connection in favour of the complainant at his residential premises, as already applied for with police help if necessary with police help, within 45 days from communication of this order failing which the complainant shall be at liberty to execute the said order in accordance with law. In case the opposite party fails to comply with the said order/direction within the stipulated period, the complainant shall be entitled to fine to be paid by the opposite party @Rs 100/- per diem from this day till compliance of this order.
Having regard to the facts and circumstances of the case we direct the parties to bear their own costs.
S.S. Ali Dr. S. Dutta
President in Charge Member